“Lobbyists Evading The Law”: Minnesota Elections Board To Investigate ALEC
Minnesota’s Campaign Finance and Public Disclosure Board will investigate whether the American Legislative Exchange Council (ALEC) should be registered as a lobbyist in the state, according to a letter sent to Common Cause-Minnesota. The Center for Media and Democracy (CMD) has also asked Wisconsin’s ethics board to investigate ALEC’s activities, and this month the Wisconsin Attorney General referred a joint complaint about ALEC’s lobbying — by CMD and Common Cause-Wisconsin — to the state ethics board.
Response to Common Cause’s Complaint in Minnesota
Common Cause-Minnesota filed two requests for investigation in recent months presenting evidence that ALEC lobbies state lawmakers to pass “model legislation” voted on by corporations and legislators at ALEC meetings. The Board has responded to the first complaint, which alleged that despite participating in lobbying, ALEC has failed to register as a lobbying organization. The Board says it “will investigate.”
“Corporations can no longer hide behind ALEC as they try to influence state law behind closed doors,” said Mike Dean, executive director of Common Cause-Minnesota. “This investigation should expose how ALEC has attempted to avoid laws that regulate lobbyists in Minnesota,” Dean said.
The complaint mirrored a letter to the IRS filed by the national Common Cause office last year. That office also filed formal a whistleblower complaint in April alleging ALEC has committed tax fraud.
ALEC has come under increased scrutiny in recent months for its role in promoting as a national “model” the Stand Your Ground/Shoot First law cited in the Trayvon Martin shooting in Florida, as well as other bills that make it more difficult for American citizens to vote, for workers to organize and bargain, and for regulatory agencies to protect the environment and health.
Common Cause-Minnesota filed a second complaint with Minnesota Attorney General Lori Swanson alleging that, because of ALEC’s substantial lobbying, it is in violation of state laws limiting such activities by charities. To date, Common Cause has filed similar requests for investigation in 37 other states.
On May 17, Common Cause-Wisconsin and the Center for Media and Democracy (CMD) filed a similar letter with Wisconsin’s Attorney General requesting an investigation into whether ALEC’s lobbying activities violate its charitable status, which was referred in part to the state ethics board. The letter was filed as part of a larger report detailing how ALEC facilitates corporate influence in the state, and counting more than 32 bills or budget provisions introduced in the 2011-2012 session reflecting ALEC model legislation. That report, “ALEC Exposed in Wisconsin: The Hijacking of State,” can be viewed here.
GAB Investigation in Wisconsin
Earlier this year, CMD requested that Wisconsin’s Government Accountability Board (GAB) determine that ALEC’s so-called “scholarship program” violates state ethics and lobbying laws.
In a complaint filed March 23, CMD described how the program allows global corporations to pay for ALEC member legislators’ travel to resorts for ALEC meetings, which would appear to violate Wisconsin laws prohibiting elected officials from accepting anything of value — even a cup of coffee — from corporations that employ lobbyists in the state. CMD also noted that while at ALEC meetings, legislators are offered invitations to corporate-sponsored receptions and given additional gifts like free tickets to the party box at a major league baseball game. CMD named all known Wisconsin ALEC members in the request because complete records about which lawmakers accepted these gifts in recent years are not publicly available.
ALEC subsequently disclosed that in 2010, it had asked the GAB to sanction these corporate-funded gifts, but offered a description of the so-called “scholarship” program contradicted by ALEC’s own bylaws, by ALEC’s filings with the IRS, and by other documents. CMD documented these contradictory claims in another letter filed in April.
Senator Van Wanggaard (R-Racine), who is a member of ALEC’s Telecommunications and IT Task Force, sought to distance himself from the program, declaring that he had never received an ALEC “scholarship” and asking that he be dropped from the complaint. CMD applauded Senator Wanggaard’s acknowledgement through his actions that receiving corporate-funded flights and hotel rooms could compromise a legislator’s official judgment.
The Wisconsin GAB has acknowledged receipt of CMD’s complaint but is prohibited by law from commenting on the status of an investigation.
By: Brendan Fischer, Center For Media and Democracy, May 30, 2012
“Masquerading As A Charity”: ALEC Exposed In Wisconsin, The Hijacking Of A State
Today, the Madison-based Center for Media and Democracy (CMD) released a new report that details the exclusive network of corporate lobbyists and special interest groups that influence the Wisconsin legislature through the American Legislative Exchange Council (ALEC).
“This report reveals details of the extraordinary influence of ALEC and its agenda on the Wisconsin legislature and our laws over the past 16 months,” said Lisa Graves, executive director of the Center for Media and Democracy. “This corporate-backed agenda undermines the rights of Wisconsin families while advancing the agenda of huge corporations and special interest groups.”
Six weeks ago, corporate members of ALEC started jumping ship when it became known that Florida’s “Stand Your Ground Law” — linked to the Trayvon Martin shooting — spread to over two dozen states via ALEC. So far, 14 corporate members and 45 legislators from other states have quit the organization.
“We document how global corporations are buying influence with Wisconsin legislators through potentially illegal gifts called ALEC ‘scholarships,'” said CMD Law Fellow Brendan Fischer, the report’s author. “ALEC’s corporate members are not only giving Wisconsin legislators thousands of dollars of campaign contributions, they are also buying flights and hotel rooms. These gifts undermine Wisconsin’s reputation for clean government and the strict ethics rules designed to protect the voices of Wisconsin residents in our state’s democracy.”
CMD asked the Wisconsin Government Accountability Board in March to determine whether ALEC member legislators receiving gifts of flights and hotel rooms from ALEC’s corporate members violates state ethics and lobbying laws. Now, CMD and Common Cause in Wisconsin are asking Wisconsin’s Attorney General to look into ALEC’s lobbying activities.
“It is time for the Attorney General to determine that ALEC is primarily a corporate lobbying group masquerading as a charity,” said Common Cause in Wisconsin Executive Director Jay Heck. “ALEC’s corporate members fund the organization to access and influence state legislators, and it is unacceptable to get a tax deduction for doing so.”
Here are some of the key findings from the new report:
- 32 bills or budget provisions reflecting ALEC model legislation were introduced in Wisconsin’s 2011-2012 legislative session;
- 21 of these bills or budget provisions have passed, and two were vetoed;
- More than $276,000 in campaign contributions were made to ALEC legislators in Wisconsin from ALEC corporations since 2008;
- More than $406,000 in campaign contributions were made to ALEC alumnus Governor Walker from ALEC corporations over the same time period for his state campaign account;
- At least 49 current Wisconsin legislators are known ALEC members, including the leaders of both the House and Senate as well as other legislators holding key posts in the state. Additionally, the Governor, the Secretary of the Department of Administration, and the Chairman of the Public Service Commission are ALEC alumni; and
- At least 17 current legislators have received thousands of dollars of gifts cumulatively from ALEC corporations in the past few years, in the form of flights and hotel rooms filtered through the ALEC “scholarship fund” (complete “scholarship” information is not available).
ALEC describes itself as the largest “independent member association of state legislators” in the country, but over 98 percent of its nearly $7 million in annual revenue comes from corporations and sources other than legislative dues, which are $50 a year. Representatives from America’s largest corporations, including Koch Industries, Wal-Mart, Exxon Mobil, Reynolds, and Altria/Phillip Morris fund ALEC and sit on its private sector governing board.
By: Sara Jerving, PR Watch, Center For Media and Democracy, May 17, 2012
“A Stacked Deck”: Rick Scott’s ‘Stand Your Ground’ Task Force All Supported The Law
Gov. Rick Scott has created a task force to review the controversial “Stand Your Ground” law, the law behind which George Zimmerman hid after shooting and killing unarmed teen Trayvon Martin. He revealed the members of the task force on Thursday, and it should come as no surprise that among the four legislators appointed, two belong to the American Legislative Exchange Council and that all four voted for the law.
One of the members, in fact, is state Rep. Dennis Baxley, who authored the law and who has said it doesn’t need to be changed. Among others:
– Sen. David Simmons, R-Maitland, co-sponsored and voted for Stand Your Ground. He told the Herald/Times bureau that he was instrumental in drafting the final language of the law as House Judiciary Committee chairman, and was Baxley’s roommate at the time.
– Rep. Jason Brodeur, R-Sanford, joined the Legislature in 2010, and the first bill he passed was a controversial gun rights bill banning doctors from asking patients about gun ownership.
– Sen. Gary Siplin, D-Orlando, voted for the bill in 2005. It passed the Senate unanimously.
Baxley and Brodeur belong to ALEC, and ALEC used Baxley’s language for the template for bills passed all over the country. The 17-member task force also includes legal professionals including state prosecutors, church leaders and neighborhood watch voluteers. It doesn’t include a number of Democratic lawmakers and opponents of the law who appear to have been shut out of the selection process. Think Progress describes the selection committee:
Lieutenant Governor Jennifer Carroll, who is also heading the task force, was a co-sponsor of the House bill and voted for it in 2005. As did fellow selection committee members Senate President Mike Haridopolos and House Speak Dean Cannon. Incoming House Speaker Will Weatherford was not in the legislature in 2005 when the law was passed, but is currently listed as a member of ALEC.”
According to this report, Carroll says the Democratic lawmakers didn’t apply to be on the task force. The Democrats all say that there was no announcement of an application process, and that their efforts to be included in the task force were ignored. Most disturbing is the point raised by Rep. Dwight Bullard, D-Miami, who points out: “The governor failed to represent that diversity by neglecting to place a single South Florida lawmaker or mayor of a large city on the task force, in essence giving no voice to the regions of the state most often plagued by gun violence.”
Because of the lawmakers included in the group—those who would actually be responsible for making changes to the law—it seems to be stacked in favor of the law before it even gets off the ground.
By: Joan McCarter, Daily Kos, April 21, 2012
“Re-investing Resources”: ALEC Gives In, But There’s No Reason To Celebrate
After weeks of pressure, the American Legislative Exchange Council (ALEC) appears to be backing away from long-term efforts at creating barriers to voting (voter-ID laws) and pushing “Stand Your Ground” legislation. The latter allows those who feel threatened in public places to use force; Florida’s version is currently at the center of the Trayvon Martin case. Giving in to public pressure, ALEC announced Tuesday that it was disbanding its Public Safety and Elections task force, which promoted such legislation and helped see it proliferate. The organization is now “reinvesting these resources in the task forces that focus on the economy.” ALEC’s spokesperson did not respond to interview requests nor did Public Safety Task Force Chair Jerry Madden, a Texas state representative.
ALEC, which proudly calls itself “the nation’s largest, non-partisan, individual public-private membership association of state legislators,” has operated as a largely secret arena in which corporate sponsors and conservative legislators share ideas. The group offers model legislation to its members, which has in the past simply been introduced in legislatures unchanged. While the group says its goals are job growth and economic development, it has actively promoted voter-ID legislation to make it harder to vote as well as anti-union measures and those to limit lawsuits. The group also pushes for law taxes and decreased regulation.
As controversy grew around the slaying of Trayvon Martin and Florida’s Stand Your Ground laws, ALEC found itself on the ropes. The Martin shooting sparked widespread public outcry. Civil-rights group Color of Change helped lead public campaigns against ALEC and its affiliated companies for its support of such laws. In the face of growing grassroots pressure over the last few weeks, major ALEC corporate members like Coca-Cola and PepsiCo have dropped membership, as have McDonald’s, Kraft Food, Mars and others. Just Monday, a New York Times editorial slammed ALEC for its role in promoting Stand Your Ground legislation.
In the statement announcing the end of the Public Safety and Elections task force, the organization shifted its focus to “free-market, limited government, pro-growth policies.”
But this hardly constitutes a victory. ALEC still has a variety of task forces: There’s the Civil Justice Task Force, Education Task Force, and Health and Human Safety Task Force, all of which seem a bit removed from the group’s ostensible goals. The Civil Justice Task Force’s efforts appear largely focused on tort reform, as evidenced by the latest initiative “Expanding the Law Under New Restatement of Torts” and its latest publication, “The State Legislator’s Guide: Tort Reform Boot Camp.”
Then there’s the disturbing impact on health care and education. As The Nation showed in its “ALEC Exposed” series, the group has lobbied all out against health-care reform, while its education task force, headed partially by an executive for the for-profit online education company Connections Academy, has pushed hard for vouchers and increased privatization in American public schools. Its latest publication, a report card on education, begins with by comparing the battle over education reform to the World War II, with teacher unions being—you guessed it—Germany and Japan.
In the end, the Public Safety and Elections task force has already had its success. Voter-ID laws have proliferated around the country, making voting harder for poor and minority Americans. And according to the Times, Stand Your Ground is already law in 24 states.
Color of Change and its boycott isn’t likely to stop the pressure any time soon. In a statement responding to the news, executive director Rashad Robinson didn’t mince words: “To simply say they are stopping non-economic work does not provide justice to the millions of Americas [sic] whose lives are impacted by these dangerous and discriminatory laws courtesy of ALEC and its corporate backers.
By: Abby Rapoport, The American Prospect, April 17, 2012
“The 99 Percent Spring”: Deepening The Progressive Bench
In 1973, a small but powerful group of right-wing state legislators and activists met in Chicago. They gathered to form an organization for those who believe that government, in their words, ought to be limited and “closest to the people.” And since, thanks to Chief Justice John Roberts and Mitt Romney, we know that corporations are, in fact, people, it makes sense that Exxon Mobil, Wal-Mart and Koch Industries are among the funders of this secretive and influential group, the American Legislative Exchange Council, known by its sweet-sounding acronym ALEC.
For nearly forty years, ALEC has quietly and successfully pushed its extremist agenda in state assemblies across the country. As The Nation and the Center for Media Democracy exposed last summer — work recently cited by The New York Times’ Paul Krugman — ALEC literally writes state laws by providing fully drafted model legislation to more than 2,000 state legislators. This corporate leviathan backed the recent national conservative push to further enrich the one percent while rolling back workers’ rights, inventing new ways to harass and debase women and suppressing the vote. They also wrote the so-called “Stand Your Ground” gun bills that now blight some 20 states across the country and are implicated in the killing of Florida teenager Trayvon Martin.
While conservatives are skilled puppeteers, progressives are great at mobilizing people and channeling energy for the big fights, whether it’s putting the crisis of income inequality at center stage, or even electing a progressive president. But ALEC’s astonishing influence exposes the progressive Achilles’ heel: a lack of a similarly entrenched, nationwide infrastructure of state and local policymakers and advocates that can create and support lasting change.
Sure, well-coordinated progressive responses throughout the country, thus far, have prevented more extensive damage to our democracy. Mississippi, for instance, soundly defeated a ballot initiative to legalize “fetus personhood.” Maine saved same-day voter registration at the ballot box. The people of Wisconsin have fought back against a relentless right-wing attack on workers’ rights and forced Governor Scott Walker into a recall election.
But playing defense isn’t enough. The progressive movement needs to build a bench that can play offense at the grassroots, local, state and national levels, and one that is positioned to pull every lever of power in our multi-layered political system. Without that, for every big union busting bill defeated, or every progressive president elected, there still will be hundreds of right-wing initiatives percolating through the political system, eroding our rights and unraveling our hard-earned progress.
The good news is that this is already happening, resulting in key wins on paid sick leave, the minimum wage and gay and lesbian equality at the state and local levels. “People are now looking to do what the right has done so effectively — coordinating ideas, narratives, legislators and activists to really push in a progressive direction,” says New York City councilman and Progressive Caucus co-chair Brad Lander.
It was in this spirit that Lander met earlier this month with other progressive city leaders from across the country, key allies and groups like Progressive States Network, New Bottom Line and PolicyLink, to discuss the creation of a national network focused on promoting local progressive action by sharing and spreading great legislative ideas. This budding network joins established organizations like the Center for American Progress, Working Families Party, Progressive Majority, and Center on Wisconsin Strategy.
At the same time, Progressive Majority director Gloria Totten and a range of allies are pursuing a complementary project called the Elected Officials Alliance to coordinate state lawmakers across issue and organizational lines. Ultimately, the goal is to link state and local officials to policy organizations, like the Economic Analysis and Research Network (EARN). All of these groups are aiming to build a counterforce to ALEC.
On the policy front, the centerpiece of the effort is an initiative called the American Legislative and Issue Campaign Exchange (ALICE), started by Center on Wisconsin Strategy director Joel Rogers. ALICE would offer model laws for both state and local legislators and support citizen-directed efforts like ballot initiatives, all based on the values of equity, sustainability and responsible government.
But much more is needed. To successfully counter ALEC, the progressive movement also needs troops on the ground to complement the work of legislators. While conservatives may have built the best movement that money can buy, progressives build movements fueled by what politicians need more than money: people and their votes.
That’s why the time is right for this week’s launch of the 99 Percent Spring, a new movement led by a huge coalition of progressive organizations — from MoveOn.org to the UAW. It will train 100,000 people across the country to tell the true story of how the one percent’s financial excess and political abuse destroyed our economy. Participants will be trained and equipped to campaign for change through non-violent direct action.
As I’ve often said, political leaders move to where the energy is. If we want to see lasting progressive change, we need to inject that energy, driven by ideas and strategy, into every level of the process. That’s what the growing networks of progressive legislators and the 99 Percent Spring are positioned to do.
By: Katrina vanden Heuvel, Opinion Writer, The Washington Post, April 10, 2012
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