Rescue me — an update

The state Election Law Enforcement Commission told us Monday that a decision on Linda Greenstein’s request for “rescue funds” under the state’s clean elections law would come by Wednesday morning.

Seems an obvious question to answer: Is an outside organization targeting a candidates in an effort to sway voters? The answer, of course, is yes.

But Brian Brown, chairman of Common Sense America and executive director of the National Organization for Marriage, groups that agitate against same-sex marriage, is correct when he says he has a constitutional right to weigh in on the campaign.

This goes for these shadowy groups — the National Organization for Marriage Web site appears to be little more than a vessel to collect donations — and bigger, more established groups like the Nation Organization for Women, the Sierra Club, etc.

Imagine that NOW was running ads seeking to highlight the pro-choice positions of Seema Singh or Linda Greenstein, or to ask the other four candidates to state explicitly where they stand. Should state law preclude the ability of issue-groups to advocate on behalf of their issues, even if their advocacy may be interpreted as electioneering? The answer seems obvious to me — as it should to anyone who values the First Amendment to the United States Constitution.

That’s why, as I said yesterday, the “rescue fund” provision exists. Remember, the clean elections program is voluntary — and must remain voluntary for it to pass constitutional muster. Candidates do not have to participate.

But candidates who opt in, as seven of the eight candidates who are on the ballot have, should not be placed at a disadvantage (doing so will only provide a disincentive to opt in, defeating clean elections and leaving private money and its corrosive influence in place) should they face a candidate with deep pockets who chooses not to participate, or an attack from an outside group like Common Sense America.

While the candidates have called for Brown to “leave the district” or to cease and desist, supporters of clean elections should be thankful that the controversy erupted — and that Libertarian Jason Scheurer is suing over the distribution of cash. These little hurdles offer important tests of the program, giving the state Legislature a better handle on how it should work when applied statewide in the (hopefully) very near future.

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Finding flaws (nothing fatal) in clean election

Linda Greenstein is under attack from an unaffiliated organization that she says is distorting her record.

According to press release issued Friday, “for rescue funds under the Fair and Clean Elections Pilot Program as a result of an egregious attack campaign undertaken by a third-party organization.”

A group named Common Sense America, based in Princeton, N.J., has reportedly placed a $125,000 radio buy with WKXW 101.5 FM. Constituents in Assemblywoman Greenstein’s district also are receiving push poll calls that distort her legislative record on issues including taxes, monetization, criminal sentencing and same sex marriage. Supporters reported these calls to the campaign beginning the evening of October 11, 2007.

The attacks, she says, are a violation of the state’s clean elections law and warrant an infusion of cash designed to level the playing field.

The district’s Republican candidates — Assemblyman Bill Baroni for senate and Adam Bushman and Tom Goodwin for Assembly — have denounced the third-party ads, as well.

To some, the attack ads might show a flaw in the clean elections program. But no one should be surprised. The system was set up to deal with just such an outside assault. That’s why there is a rescue fund.

The clean elections fund, contrary to what some of the state’s papers may imply, is not designed as a panacea. It can’t clean up elections all by itself. The state — and the nation — have to cleanse the political culture.

In the meantime, third-party ads are a fact of life.

Of greater concern is the general unfairness of current system, which grants independent and third-party candidates less money than their major-party opponents.

Earlier this week, Jason Scheurer, a Libertarian who qualified as a “clean elections” Assembly candidate in the 14th District, sued for state funding on an equal footing with the major party candidates. The program provides greatly reduced funding to independents.

Scheurer got $23,521 for raising 448 contributions of $10 each. If he were a Democrat or Republican, he would have been entitled to $103,645 under the formula for distributing state funding.

His lawsuit also challenges the fairness of provisions allowing candidates who raised 400 contributions of $10 each by Aug. 17 to have a 250-word statement printed on sample ballots and to run with the slogan “clean elections candidate.” Scheurer missed that deadline, while his Democratic and Republican opponents met it.

“His money is just as clean as the other candidates’ money. He just gets an awful lot less of it,” Scheurer’s attorney, Walter Luers of Atlantic Highlands, said. “Whether he gets a 250-word statement on the ballot should not be determined by his fundraising capability.”

He’s right, of course. At least on this.

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Clean elections work;Bergen GOP apparently doesn’t

The Record today explains why the failure of the Bergen GOP to garner enough $10 contributions to qualify for public financing is not a failure of the state’s clean elections pilot, but a failure of the Bergen GOP. Essentially, the heavily Democratic 37th is not exactly hospitable to Republicans, but there was no excuse for the party’s candidates not to get at least 400 contributions and qualify for partial funding. That’s 400 contributions in a district with 220,000 residents.

(T)he Clean Elections program is a worthy experiment that offered the GOP an unprecedented level of parity in exchange for a minimal show of will — not to mention the sort of ethical rectitude that Republicans have loudly championed amid Democratic scandal in Trenton.

Reports suggest there has been a serious effort on the part of local Republican candidates, particularly Nibot. That they fell short suggests a failure of the party organization.

Tellingly, the only other candidate who hasn’t yet met the requirements is a Libertarian Assembly hopeful in Central Jersey. The Bergen Republicans, meanwhile, are facing third-party status in a two-party race.

The GOP failure does point out a flaw in the program — one that can be addressed by including primaries. The GOP is not likely to mount much of a campaign in the 37th, where state Sen. Loretta Weingberg remains popular.

The primary is the key in this district — as recent history proved, with Weingberg leading a slate against the county party apparatus and winning. And the primary is key in most districts, which are not competitive and are not likely to be.

So let’s expand this thing next time out.

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Ledger demands that wetoss the baby out and keep the bathwater

Didn’t I say this two weeks ago? Yes, I did, except I didn’t trash the concept of clean elections or fall prey to the dopey notion that the system cannot be fixed or that the only way of judging the program is to see different people elected.

My argument with the program as it exists is that it does not apply to the primaries and treats third parties differently than the major parties. If we make these fixes then reform candidates would have a shot and new faces might emerge.

In any case, getting dirty money out of the system seems like a positive outcome, regardless of what the Ledge says.

I don’t know if a clean elections program will break the ties between politicians, their county organizations and the money men, but it offers the best chance we have.

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Cleaning up elections locally

I’d like to see more towns attempt clean elections at the local level, but Lawrence’s experience shows it will not be easy.

As political as the climate is in Trenton, it can be worse at the local level because of the personal nature of local campaigns.
“Sadly, our request has been ignored,” said (Clean Elections committee co-chairman Doris) Weisberg, who is a Democrat and a former Township Council member. She is representing the Lawrence League of Women Voters on the Clean Elections Committee.

“We come here tonight to say we have found it impossible to work in a true academic manner as a study group and announce we are suspending our meetings until after the November general election. This was a unanimous decision by the committee,” she said.

Let’s hope they can get it back on track.

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