Friday, January 15, 2016

NY One Signature Away from Calling for Overturn of Citizens United


New York is one signatory away from becoming the 17th state in the country to call for a Constitutional Amendment to negate the Supreme Court’s 2010 decision in the Citizens United case, which gave entities such as corporations and unions the same rights as individuals in contributing to electoral campaigns.

A successful bipartisan appeal for a Federal Constitutional Amendment in the State Assembly has yet to be replicated by the State Senate, where 31 senators, one short of a majority, support overturning Citizens United to minimize the role of money in politics. While agreement by a majority of each house from New York would only be advisory, like the other states that have reached consensus, a groundswell for negating Citizens United could influence Congress.

State Senators Ruben Diaz Sr. and Simcha Felder are the only Democrats who have not joined their colleagues on the letter. The five members of the Independent Democratic Conference together signed an identical version of Squadron’s letter while Senate Democratic leader Andrea Stewart-Cousins independently wrote to members of Congress. Felder is elected as a Democrat but caucuses with Republicans in the Senate, and Diaz Sr. is often difficult to pin down ideologically.

While the Democrats who support overturning Citizens United total 29 votes, only 2 Republican State Senators have supported the effort, Senators Phil Boyle and Kemp Hannon, but in language different from the Democrats’ letters, it decries the massive potential outside spending to support Hillary Clinton's Presidential bid.

Reluctance of New York Republicans to join the effort comes as a growing number of voters, including Republicans, oppose Citizens United. In a Bloomberg poll from September, 78 percent of respondents said they wanted the decision overturned.

Senior Attorney Gene Russianoff, from the New York Public Interest Research Group, is not surprised by the Republican legislators’ lack of support. Some of these state senators, he said, “feel teflon-proofed” and he applauded those who signed the petition. “Citizens United is the right target to fight the influence of money and political interests,” he said.

For good government groups like NYPIRG and Citizens Union of the City of New York, the Supreme Court’s decision to treat corporations as individuals in campaign finance has wreaked untold havoc on elections.

Gov. Andrew Cuomo, whom many reformers look to be more of a leader on campaign finance reform in New York, recently made clear he thinks that as long Citizens United is around, his hands are largely tied. In an interview with WNYC’s Brian Lehrer on Dec. 21, the Governor promised that he will advocate for campaign finance reform in 2016, but conceded that he could only do so much.

Advocates and reform-minded legislators continue to push Cuomo to call for a statewide public campaign finance system, which he has given lukewarm support for in the past.

Just a few hours after Cuomo’s Dec. 21 WNYC remarks, Mayor Bill de Blasio held a roundtable with members of the news media at which he also said passing a constitutional amendment was an “imperative” without which “we’re in an environment where a lot of very wealthy, powerful people will use their money to reinforce the status quo.”

In an editorial on Dec. 22, a day after Cuomo’s remarks on WNYC, the Albany Times Union called on the remaining State Senators to take the bold step and join the growing call for an amendment.

On the surface, New York calling for a Constitutional Amendment may be symbolic in the absence of Congressional action. But, according to Common Cause NY Executive Director Susan Lerner, “In this instance, symbolism is especially potent.” She believes that owing to New York’s large Congressional delegation, even symbolic measures carry significant weight.

“Remember, New York is a donor state,” she said, referring to New York’s influence on elections all over the country. “Everybody running for office comes to New York for campaign contributions. When New York elected officials say the system has gotten out of control, it’s particularly applicable.”











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