Other Reforms
Reducing corruption and increasing participation in politics are essential goals to ensure a well-functioning democracy. To reduce corruption, the Brennan Center supports efforts to reduce the role of special interest money in elections. But reform measures must be careful not to choke off legitimate—often, highly valuable—efforts to increase voter participation. With these principles in mind, the Brennan Center has engaged in legal and policy research and advocacy on the regulation of so-called "527" organizations and other organizations, such as 501(c)(4)’s whose activities affect politics and policy-making.
Promoting Campaign Finance Regulations
In addition to helping draft campaign finance laws, the Brennan Center is committed to the fair interpretation and enforcement of federal campaign finance laws by the Federal Election Commission (FEC). Unfortunately, the Commission’s make-up—with three Democrat and three Republican Commissioners—has led to partisan deadlock, timidity or active opposition to reform. Weak enforcement undermines even strong laws. The Center, therefore, works to ensure that the FEC acts to promote the goals of existing campaign finance regulations.
Shareholder Protection
With corporate campaign spending at issue since Citizens United, another important reform is shareholder consent. Currently, most publicly-traded companies are not transparent when it comes to their political spending, leaving shareholders in the dark. The Brennan Center supports federal legislation that would guarantee that all corporate political spending is made with the knowledge and consent of a company’s shareholders. This immensely popular legislation would give Americans the ability to decide whether their own investments should power political causes, and cast some light on the millions of dollars that will undoubtedly pour into the 2012 elections.
Strengthening Contribution Limits
While all voters are equal in the voting booth, all voters are not equal in their ability to influence elections and policy. A $5 contribution from a low-income constituent may represent a much greater commitment than a $10,000 contribution from a millionaire, but in our system, the latter usually has more power to influence the outcome of the election and to secure access to the candidates once elected to office.
That's where contribution limits come in—limiting the influence of big donors over elected officials and motivating candidates to cultivate a wide base of public support. Effective contribution limits are set low enough to encourage a broad-based fundraising strategy but high enough to allow candidates to run effective campaigns. They must also be comprehensive, regulating the flow of money between individuals, candidates, political parties and their affiliates, and political action committees. The Brennan Center counsels states on creating and strengthening contribution limits and conducts research measuring the breadth and effectiveness of state limits.
National Organization for Marriage v. Walsh
The Brennan Center joined Common Cause/NY and Citizens Union in submitting an amicus brief to the Second Circuit Court of Appeals defending New York state's election laws. The groups urged the appellate court to uphold the constitutionality of New York’s long-standing disclosure requirements for political committees, and to affirm a district court opinion dismissing the complaint and denying the motion of the National Organization for Marriage for a preliminary injunction.
Respect Maine PAC. v. Walter McKee
Representing eight state legislative candidates and the Maine Citizens for Clean Elections, the Brennan Center filed a brief opposing an eleventh-hour motion to enjoin numerous parts of Maine's campaign finance system before the November elections. Plaintiffs' request to enjoin trigger provisions, disclosure provisions, and gubernatorial contribution limits has been denied three times: by Justice Stephen Breyer, by a unanimous panel of the First Circuit Court of Appeals, and by the Maine District Court. It was only then that plaintiffs made a renewed application for emergency writ of injunction to Supreme Court Justice Kennedy, a highly unusual move that has not been granted for the past twenty years. On October 21, 2010 the Brennan Center filed its Opposition to Plaintiffs' Application for a Writ of Injunction.
Citizens United v. FEC (Amicus Brief)
The Brennan Center for Justice - serving as counsel for itself and several new media journalists - filed a supplemental amicus curiae brief in Citizens United v. FEC. The brief urged the Supreme Court to preserve landmark precedents that support limits on corporate spending in elections.
The president's campaign blessing contributions to the Super PAC supporting him is a distraction from the real questions about today’s campaign finance environment.
Brown and Warren Bilaterally Disarm Super PACs
Many candidates have piously condemned Super PAC spending, but two Massachusetts candidates backed up their rhetoric with real action.
Facts, Darn Facts, and Super PACs
In a direct rebuke of Citizens United, the Montana Supreme Court upheld the state's ban on corporate independent expenditures.
Illustrations by Risko
Karl Rove Coordination Request: Another FEC Failure
After the FEC deadlock today on an advisory opinion request submitted on behalf of Karl Rove, the Brennan Center released the following statement from Senior Counsel Adam Skaggs.
Shareholders Deserve To Know How Corporations Spend Their Money in Elections
The Shareholder Protection Act, introduced today in both the U.S. House and Senate, is a commonsense bill that would help mitigate the effects of the Supreme Court’s damaging decision last year in Citizens United, which gave corporations the First Amendment right to spend unlimited amounts of money to influence elections.
With Corporations’ New Outsize Voice, Can Shareholders Speak?
New policy proposal based on British law shows congressional leaders how to give corporate shareholders a voice in election spending.
Comment to FEC on American Crossroads Petition
The Brennan Center for Justice submitted a comment to the Federal Election Commission urging it to deny American Crossroads' request to allow federal candidates to appear in Super PAC advertisements.
Letter to Super Committee Urging Transparency
The Brennan Center for Justice sent letters to the 12 members of the Joint Select Committee on Deficit Reduction urging members to follow basic principles to ensure transparency and public confidence in the Committee's work.
Letter to Federal Election Commission on Super PAC Fundraising
The Brennan Center for Justice wrote to the Federal Election Commission explaining how any plan for federal candidates or officeholders to raise unlimited funds for a Super PAC is a blatant violation of federal law and Supreme Court precedent.
Congress Can Fix the Super PAC Problem
The Florida primary shows why it's time end the farce of "independent" expenditures.
Growing Backlash Against ‘Citizens United’
We can expect citizens and courts to continue to rally against the case until it ceases to be the law of the land.
Mitt Romney and Newt Gingrich’s Hypocrisy on Super PACs
Romney thinks super PACs are a ‘disaster’? What about his Restore Our Future, which is savaging Gingrich in Iowa? And Time for Newt is racing to catch up. Michael Waldman on the campaign finance double-speak.