Ruling: No Corporate Donations For Russell Pearce In Arizona Recall Election
Senate President Russell Pearce will not be able to get financial help from corporations to keep him in office, at least not directly.
In a formal legal opinion, state Solicitor General David Cole rejected the contention of Lisa Hauser, an attorney who represents Pearce, that the prohibition on those donations that applies in regular candidate races is inapplicable in recall elections.
Cole said the law is clear that neither corporations nor unions can make contributions designed to “influence an election.’’ And he said a bid to oust a sitting legislator from office fits that definition.
Cole wrote the decision rather than Attorney General Tom Horne, who had recused himself because of his political ties to Pearce.
Under Arizona law, a formal opinion from the Attorney General’s Office can be cited as legal precedent, much like a court ruling. The fact that this opinion was signed by Cole and not Horne does not change that.
Hauser said a campaign committee formed to aid Pearce had accepted a small corporate check — she said it was about $1,200 —but returned it when state Elections Director Amy Bjelland questioned the legality of the move. It was Hauser who then sought the formal opinion.
“If that’s the AG’s opinion, unless we go to court to change it, it is what it is,’’ she said. But Hauser said that is unlikely to happen.
If nothing else, she said, the opinion clarifies that corporate and union money will be off limits not only to Pearce but to anyone who decides to run against him.
“We just want to make sure everybody’s playing by the same set of rules,’’ Hauser said.
But Cole pointed out there is a loophole of sorts in the law.
He noted that the U.S. Supreme Court ruled last year that corporations and unions have some of the same free-speech rights as individuals. While that does not disturb state or federal laws prohibiting contributions directly to candidates, there can be no laws which bar either type of organizations from forming or contributing to separate efforts to elect or defeat any particular candidate.
The only requirement is that these committees be completely independent of — and have no connection of any sort to — the candidate.
Randy Parraz, one of the recall organizers, said his committee has not accepted either corporate or union money. But Parraz will not disclose who paid for the successful petition drive, at least not yet.
“A lot of this has to do with people’s fear,’’ he said, intimating that those who helped with the recall might be the subject of some sort of unspecified retaliation. He said some people gave just $25 because the sources of contributions at that level and below do not need to be detailed.
“We’re going to comply,’’ he said. “We don’t feel compelled to have to disclose at this point.’’
Bjelland confirmed that for this unusual election — the first ever for a statewide or legislative office — the first campaign finance reports do not have to be filed until Oct. 27. That is only two weeks before the vote.
In a separate event Monday, Parraz attempted to deliver a letter to Pearce at his Senate office asking him to resign.
That is one option he has under state recall laws. The Maricopa County Board of Supervisors would then choose a replacement.
But Pearce said he has no intention of quitting and believes he will win the recall and be able to serve out the balance of his two-year term.
By: Howard Fischer, Capitol Media Services, Published in East Valley Tribune.com, July 12, 2011
To Effect Real Change: Retake State Legislatures
As we ponder whether Obama’s offering to cut Social Security represents a betrayal of Democratic values, whether it’s an as-of-yet-unexplored opening in yet another 11th-dimensional chess match, whether a decrease of an increase is really a cut or not or whether, in the words of Paul Krugman, the president is executing an “anti-Corleone” by making the Republicans an offer they can’t accept, Democratic values are being systematically destroyed. But the source of the destruction isn’t coming from Washington; instead, it is happening state by state.
The lion’s share of coverage has appropriately focused on the unrelenting extremism of Speaker Boehner’s House majority, but the gains Republicans made in our nation’s statehouses have been no less devastating. In 2010, the GOP made historic gains rivaled only by the wave in 1994. There are now 26 states where Republicans control both legislative chambers; Republicans also occupy the governor’s mansion in 21 of those, compared to 15 and 11 respectively for Democrats. Not coincidentally, 26 states enacted further restrictions on abortion rights. Some of them are particularly odious, such as Louisiana’s measure that would deny malpractice insurance coverage to doctors performing abortions, or a now-blocked law in Kansas that would impose a series of unnecessary licensing restrictions that would have resulted in the closure of two of the three clinics in the state.
At an economic level, the Republican legislators of Wisconsin, Ohio and Michigan are proceeding toward accomplishing at a state level longstanding objectives that they could never realistically accomplish at a federal one: specifically, achieving unilateral political disarmament by hamstringing a key funding source of Democratic campaign funding, or selling off public assets without any bidding process to whichever crony they deem appropriate. In Minnesota, Republicans regained control of the House of Representatives, and won control of the State Senate for the first time in history. The result? A government shutdown that is costing the state and its hardworking public employees just so the richest two percent of Minnesotans don’t have to contribute their fair share to help the state function.
Not that states with Republican-dominated legislatures are the only ones with problems. In California, Republicans dominate the budgetary aspects of the legislature despite having only about 35 percent of the seats in either chamber because of Proposition 13, the absurd rule that a two-thirds vote in each chamber must be required to raise revenues. Because it is as impossible to secure a sane legislative Republican in Sacramento as it is in Washington, California’s budget has been consigned for many years to be a series of ever-deeper cuts to the social safety net, public education, and the state park system.
This is a redistricting cycle, and the change in state lines could change some of these equations, but right now, the number of victories required to stop the damage, if not reverse it, is comparatively small. In California, a takeover of two seats in Assembly and Senate would be enough to prevent the Republican minority from continuing to hold the state hostage during every budget negotiation. In Wisconsin, a net gain of three Senate seats from the nine recall elections on Aug. 9 would stop Gov. Scott Walker from destroying Wisconsin any more than he already has. Retaking the lower chambers in Michigan and Ohio would be a slightly more difficult task, but no less achievable given previous history.
A child in an overcrowded classroom in Los Angeles. A Madison teacher fighting for her economic rights. A maintenance worker in Detroit. A scared, pregnant teenager in Orlando who will soon be required to notify her parents if she wants to exercise her rights. They are all being affected far more by what their state governments are trying to do to them, or cannot do for them, than by anything that Speaker Boehner has done since January.
This isn’t to say that retaking the House, re-electing Barack Obama and holding onto our Senate majority is not important. It most certainly is. But a Democratic Congress would not have stopped these state-level Republicans from attempting to enact their sweeping, destructive agenda. The only way to stop them is to raise enough money and awareness so as to defeat them and undo the massive damage that they have managed to accomplish in only six months of governance. Retaking the Wisconsin Senate on Aug. 9 will be a significant victory, but it must be viewed not as an endgame, but as an important first step in a much larger campaign.
By: Dante Atkins, Daily Kos, July 10, 2011
“Norquistism”: Republican Zeal Runs Amok
To watch Republicans in action today, in Washington and in legislatures around the country, is to be reminded of Casey Stengel’s amazed query to the 1962 Mets, whom he had the cosmic misfortune to manage: “Can’t anybody here play this game?”
In California, in Minnesota and here on Capitol Hill, Republican legislators in divided governments seem incapable of taking half or even three-fourths of a loaf — of recognizing when they’ve won. By holding out for more when they’ve already attained plenty, they run the risk of coming away with nothing for themselves or inflicting avoidable calamity on everyone else. As Daniel Bell once said of American socialists, they act as if they’re in but not of the world.
In California, for instance, where Republicans hold just over a third of the seats in each legislative house — enough to block any tax increase, which requires two-thirds support — Democratic Gov. Jerry Brown told reporters on June 16 that he was willing to submit to voters proposals to reduce both state pensions and business regulations if Republican lawmakers agreed to let voters also decide whether to extend some tax increases. Brown’s goal was to avoid having to cut more deeply into spending on schools, universities and medical care. California businesses, which have complained of overregulation for decades, were hot for the deal, but the
Republicans refused to budge. In consequence, in the state budget passed last week, without the tax extensions, the state’s public universities will have to raise tuition roughly 10 percent (on top of another 10 percent increase that will take effect in September); and the poor will pay more for medical care. Pensions and regulations will remain unrevised.
What makes the California Republicans’ intransigence so loony — “idiotic” is, I think, not too strong a term — is that they are likely to lose legislative seats as soon as next year as a result of redistricting, and they are sure to lose legislative seats over the next decade because of their ongoing estrangement of the state’s Latino voters. When Republicans drop beneath one-third representation in the statehouse, Democrats will be able to raise taxes without their support. In other words, this may well have been Republicans’ last chance to extract concessions they considered vital. And they blew it off.
What we have here is an extreme world view — let’s call it Norquistism — that ensures impasse, paralysis or perverse outcomes whenever control of government is divided. It’s the doctrine preached by GOP activist and lobbyist Grover Norquist, who trots around the country collecting pledges from GOP candidates and elected officials that commit them to never, ever raise taxes, no matter what they may be offered in return. In Minnesota, a state with a Democratic governor and a Republican legislature, Gov. Mark Dayton sought to raise taxes on only the relative handful of Minnesotans with annual incomes in excess of $1 million. The legislature opposed that, insisting on cuts (including to services for those with disabilities) that Dayton wouldn’t countenance. Absent a budget, most state services in Minnesota closed down on July 1; it’s not clear when, or how, some compromise can be reached to reopen the state.
In the nation’s capital, Republicans also seem to have lost their capacity for compromise — even when that compromise looks to be a GOP victory. Senate Republicans, for instance, have been urging President Obama since before he took office to finalize three trade accords — with South Korea, Colombia and Panama — and bring them before Congress. Obama has now done so, asking in return only that Republicans approve the renewal of Trade Adjustment Assistance, a program that aids workers who lose their jobs as a result of these kinds of trade deals. But Republicans are balking — boycotting last week’s meeting of the Senate Finance Committee at which these treaties were to be taken up — because they don’t like TAA. This is hardly a major program, mind you, but the GOP’s loathing of any program that provides government assistance to workers (who really shouldn’t need any assistance, as free trade is good for us all) has eclipsed its long-term commitment to American corporate priorities.
When zeal runs amok, the sense of proportion suffers. Today’s Republicans remind me of some leaders of the American Communist Party whom I got to know decades ago, after they’d left the fold. “We believed in the party line, in its infallibility, so completely,” one ex-commie told me, “that we’d forget the larger strategy for the momentary tactic.” So it was with Communists of yore; so it is with Republicans today.
By: Harold Meyerson, Opinion Writer, The Washington Post, July 5, 2011
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