I went out on a limb this week in my Civil Beat column, which argued against trying to prohibit legislators from holding campaign fundraisers during while the legislature is in session (“Ian Lind: Don’t Ban Campaign Fundraising During Legislative Sessions“).
One friend commented: “I love how you don’t shy away from the tough subjects.”
The column grew out of a question asked during a Common Cause panel discussion of government ethics on Wednesday night. By the way, the video of the panel is available for viewing online.
I gave an off-the-cuff response to the question that night, but expanded on it for the column. I know there are a lot of folks who simply equate these campaign fundraisers with bribes, but I think there are reasonable arguments for why it makes sense to fundraise during the session. But more importantly, there are free speech implications that makes a complete ban difficult to justify, and even regulation becomes a tricky matter. Although there are states that have bans on session fundraisers, and others that ban lobbyists from contributing while the legislature is in session, I haven’t been able to find a case that has gone up to the Supreme Court in the years since Citizens United changed the legal playing field for campaign finance.
Anyway, although I stepped a bit out of my comfort zone on this column, it’s hopefully still worth a read.
Comments welcome, as always.
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Aloha Ian:
I enjoyed your column and it makes a compelling case for why it makes sense for Legislators to fundraise during the Session. But I think it also showcases how the system tilts the scale towards incumbents. What about CHALLENGERS? They don’t have the luxury of using their session staff during “off-hours”, boo-hoo for our elected representatives not wanting to ask for donations when lobbyists aren’t running around the Capitol looking to get bills passed. What about FIRST TIME CANDIDATES who also feel uncomfortable asking people for money. It’s great that it makes it easier for legislators to make it to each others events and socialize, but what about people who aren’t part of the “club”.
I’m not saying there is anything illegal about the practice. I just want to point out how the system is rigged for people who are in office to stay in office and how much harder it is for “real people” to compete when they are put at such a disadvantage