Left In Alabama
campaign finance reform

Campaign Finance Reform - Judicial Elections

by: mooncat

Tue Jul 27, 2010 at 10:00:00 AM CDT

Alabama's judicial elections are among the most expensive in the nation.  Never mind why people would spend $8 million fighting for a position that pays $170K per year, let's talk about how donors should be treated before judges they contributed to.  This was addressed by a 1995 Alabama law which says a judge should not hear cases in which one of the parties donated a significant amount ($2000 for a circuit judge or $4000 for an appellate judge) to his or her campaign.  That sounds entirely reasonable, from this layman's point of view. 

Wait.  Did I say reasonable?  Turns out the law has never been enforced.  Not so reasonable after all.  It's been in legal limbo since 1995 thanks in part to the arrogance of then Attorney General Jeff Sessions.  Now a citizen who wants to contribute to judicial candidates and also wants the judges to be able to hear his cases, wants to make sure the law won't be applied:

Soon after it was passed, the Alabama attorney general's office submitted the law to the Department of Justice, which normally reviews all changes to Alabama's election laws under Section 5 of the Voting Rights Act. But before the Justice Department could make a decision, the attorney general at the time, Jeff Sessions, withdrew the request for review and notified Washington that the state would enforce the new law and that it didn't need preclearance from the DOJ.
  
  But the law immediately ran into problems. An ethics panel of the Alabama Supreme Court in 1997 found a host of practical problems with enforcement and recommended the law be revised. Ten years later, a lawsuit in Birmingham to try to get the law enforced was dismissed.
  
  So now Benjamin Little, an Anniston City councilman who says he wants to contribute to judicial campaigns and is a party to pending lawsuits, wants the law formally blocked until the Justice Department can review it. Until then, he's worried that someone could decide to enforce the law and "deprive (him) the opportunity to have the judicial candidates of choice participate in judicial decisions involving his cases, both in his personal and official capacities, on the basis of political contributions," the complaint states.

This may be a poorly written law -- they do happen in the Alabama Legislature -- but surely no one can argue with the general intent?  I mean, when a judge is looking at the parties involved in a case and he or she received thousands (or tens of thousands, or hundreds of thousands) from one of them, that is at least the appearance of a conflict of interest.  Yes, this is the way we've always done it, but it leaves our courts subject to criticism as being tempted to dispense the best justice money can buy.

There are bound to be better ways to select judges, even if there aren't better ways to finance campaigns.

Discuss :: (5 Comments)

Where Does Reform Need To Start in Alabama?

by: mooncat

Fri Oct 09, 2009 at 14:00:00 PM CDT

Constitution Reform, Ethics Reform, Tax Reform ... Alabama needs it all. Where do we start? Even more important, is there a starting point that will make the rest of the reforms easier or even possible?

John Archibald makes a case for starting with the money -- campaign finance and specifically doing away with the legal money laundering that allows campaign money to move from PAC to PAC to PAC, like a giant loot-laden shell game, on its way to candidates.

It drives up costs, hides the source of money and taints the process.

Perhaps worst of all, it trains our politicians to seek support in the shadows.

No mas. We must change campaign finance laws, before we can change anything else.

I think Archibald is onto something here, but I'd hold out for strict contribution limits in addition to transparency.  Make these folks who want to serve the public go out and actually get support from the public instead of just heading over to the lobbyist ATM.

Discuss :: (3 Comments)

Beth Chapman and her Ethics (I know I'm days late)

by: gradyw

Mon Dec 08, 2008 at 23:32:32 PM CST

( - promoted by mooncat)

Alabama Secretary of State Beth Chapman paid her company and her family out of her campaign funds in 2006. An ethics report was subsequently filed and Chapman was cleared of any ethics violations. While technically not a violation of any state law or ethics law, Chapman showed her lack of judgment and personal ethics.

These payments came after the election. You can view the 2007 expenditures that Chapman made.

Chapman was elected in 2006. Here are the payments made after the election in 2007. Essentially bonuses for winning.


1. She paid her teenage sons Taylor and Thatcher  $1,000 each on February 24, 2007.

2. She paid Beth Chapman and Associates $10,000 on March 31, 2007. Not marked as a loan repayment but administrative fees of $10,000.

3. She paid Taylor $2,000 again on June 26, 2007

4. She paid Beth Chapman and Associates another $3,252.37 on July 27, 2007

5. And She Gave Beth Chapman and Associates an Early Christmas bonus on December 1, 2007 for $2,500.

I'm trying to figure out what kind of campaign work could have been performed months after the election. If the payments were for legitimate work I question why would it not have been paid and reported earlier.

There's More... :: (4 Comments, 161 words in story)

On Obama's opting out of Public Money: Pennies for Votes

by: villagernyc

Tue Jun 24, 2008 at 00:43:25 AM CDT

(crossposted by author at Political Cortex and Agonist)

by CODY LYON

For many, many years, in elementary and middle schools across the south and perhaps other regions in the nation as well, at a certain time each year, the student body would perhaps `nominate' several young boys and girls to be Mr. and Miss `small town' (or whatever the name) of that particular school may be.

But this contest would not be based purely on popularity, being a good citizen or high academic achievement per se, but instead by the number of pennies that each student was able to raise since each penny counted as one vote.

After the votes (actually, the pennies) were tallied the winners would be crowned, perhaps photographed for the yearbook, maybe even get to ride on a float in a local parade and then carry the largely insignificant title throughout the rest of the year.

After execution of this widely accepted practice by which these schools would raise much needed funds for things like chalk, art paper, kick balls or other necessities utilized for richer educational experiences in the classroom there was an unfortunate fact that remained embedded in the minds of the millions who witnessed or lived through it.

The children who took the title Mr. and Miss local school was in fact the student who turned in the fattest check to the powers that be at that school, a check that was often written by a wealthy parent.

In the end, the contest was not about merit or popularity but wealth (although perhaps in rare cases, youthful money raising prowess). Still, for millions of children, it instilled or reinforced the bitter pill that money equals title, perhaps power as well.

What often got lost in the drama of those contests (besides rewarding those children who had wealthier parents) was the cold hard fact that the schools who conducted them often operated under umbrella school systems that under-funded them, a greater system that in many states bore the stench of inequity from district to district that left individual schools in desperate need of cash to operate fully.

It was a greater reality that was complained about, but that many parents and others felt powerless to change.

Interestingly, many of our most treasured rights, the very fundament(s) of what we cherish as a free democracy are tainted by similar flaws.

Barack Obama did in fact go back on his word when he announced that he would opt-out of the public financing system, irking Republicans and Democrats alike, along with those who would like to extinguish the flames of influence that large moneyed private donations. Corporate donors who bundle, lobbying interests who disguise donations through other methods, individuals who accept the fact that in order to win an election in these free and open United States they must contribute dollars to help their choice win votes, the facts in today's electioneering process are what they are.

The United States electoral system is broken.

It truly does not matter who is nominated or who chooses to enter a campaign for any office in this country, because in the end that candidate must go out and raise vast amounts of dollars. In this nation a dollar can be likened to a bullhorn by which to broadcast a message more effectively and thus win a vote.

Until we as a nation begin to aggressively address the growing influence that money has had in politics, we will continue to witness the political pollution that money buys on an increasingly grand scale.

Yes, the presumed Democratic nominee appears to many to have gone back on his word; however, the nominee from Chicago is only operating under an umbrella, a system that has relegated him to this unfortunate choice. It is his political reality and more importantly, it is ours. We as a nation have yet to raise our collective voices and demand change in the way we pick our leaders.

It's really not fair for critics to bombard the Obama campaign with criticism or to express profound disappointment in the candidate for choosing to opt out of public financing. It is more appropriate that we express displeasure with our system of electing leaders.

What makes this all similar to the analogy of students who go out and raise pennies for the tile of Mr. or Miss School?

Well, that's fairly obvious.

But, this is not just a `title' that Senator Obama and Senator Mc Cain are raising their coins for. It is in fact, the most powerful title in the world.

 

 

Discuss :: (2 Comments)
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