Published in the Kennebec Journal
The goals of the proponents of the Clean Elections Act were to reduce the role of private funds -- especially special interest contributions -- in Maine campaigns, to encourage more people to run for public office, and to level the playing field among candidates in individual races.
The
Maine clean elections scheme reached full maturity in 2006. Approved by the
voters in 1996, the first election under the new procedures was in 2000.
In
each succeeding election, more candidates took advantage of public funding.
This year, three gubernatorial candidates and 81 percent of the legislative
candidates accepted public funding. Private financing of elections is now the
exception in Maine.
Opponents
of the Clean Elections Act worried about the costs to the state treasury of
financing so many races. Some doubted that altering election practices would
significantly diminish the impact of special interests on the actions of the
governor and the Legislature. They also feared potential complications in
determining when actions by one candidate or independent groups would trigger
matching funds for other candidates. And some envisioned that "free"
public money would inspire a lot of quixotic fringe candidates to run for public
office.
We
now have a track record. What does it show?
ENLARGING
CANDIDATE POOL
Uncontested
legislative elections have virtually disappeared in Maine since the enactment
of public financing. In 2004 and 2006, the Republicans and Democrats combined
fielded candidates in 98 percent of the possible races for House and Senate.
In
1998, the last year before public funding, the two major parties fielded
candidates in only 88 percent of the possible races. In addition, the Green
Independent Party offered candidates in an average of 16 legislative races in
each of the two most recent election years, compared to only two in 1998.
The
imposition of term limits and more aggressive recruitment efforts by the
parties may well have contributed to this increase in competition. But the
elimination of the need for candidates to raise their own funds is surely a
factor as well in the contemporary reality that nearly every voter in Maine now
has a genuine choice of candidates in legislative races.
LEVEL
PLAYING FIELD
Many
factors contribute to electoral outcomes. The money spent by candidates on
their campaigns is only one of those. Incumbency is important, so too are name
recognition and party registration. The playing field is never really level.
What
public funding has done, however, is to enhance the opportunity for weaker
candidates (as measured by traditional financial resources) to communicate
their messages to voters.
Close
observers of this year's gubernatorial elections could not help but notice that
the television ads for Barbara Merrill and Pat LaMarche seemed to appear as
often as those of the candidates of the two major parties.
Legislative
candidates rarely advertise on television, but presumably one would have found
a similar equality among candidates in the distribution of lawn signs,
brochures, mailings and newspapers ads that are the normal weaponry of those
races.
PUBLIC
FINANCING COSTS
The
final figures are not yet available, but at election time, the Commission on
Governmental Ethics and Election Practices estimated that public expenditures
on legislative and gubernatorial elections would exceed $6.7 million.
The
original advocates of public funding had hoped that much of the cost would be
defrayed by income tax filers checking the box on their state tax returns that
dedicated $3 to the clean elections fund.
That
hope has not been met. In fact, the percentage of taxpayers checking the box
has been steadily declining from a high of 16.4 percent in 1998 to 11.4 percent
in 2005. Increasingly, as a result, the General Fund has borne the cost of
public financing.
Some
analysts think Maine dodged a big bullet in 2006. If all of those considering
campaigns for governor had run and qualified for public financing, the total
costs might well have exceeded $10 million. That prospect looms on the horizon,
especially four years hence when there will be no incumbent.
Is
public financing too expensive for Maine? That's a judgment call, but surely
one that will attract much consideration -- and a wide variety of conclusions
in the years ahead.
MATCHING
FUNDS PROVISION
Those
who worried about the operations of the matching funds provision of the Clean
Elections Act were onto something. This has been complicated.
There
were complaints earlier in the fall that Baldacci's campaign was purposely
slowing its fundraising to avoid triggering additional public funding for his
opponents. And, in the last few days of the campaign, Pat LaMarche appealed to
the state Supreme Court to overturn a commission decision denying her matching funds
she had sought to counter independent spending in support of her opponents.
The
devil will always be in the details, especially when the implementation of a
law requires public officials to parse political speech. But the Clean
Elections Act created a system for appeals by aggrieved candidates, and that
system seems to work. It may not produce outcomes that all candidates like, but
it does give them a place to lodge their complaints and to get a timely
determination. Public policy can do little more.
FRINGE
CANDIDATES
Time
now for confession.
I
voted against the Clean Elections Act in 1996 because I feared it would open
the floodgates to a torrent of hopeless candidates who would muddy the
political waters. I imagined that scores of real estate agents and funeral
directors and attorneys, seeking to enhance their name recognition to improve
their businesses, would use public funds to "run" for office only as
a way to become more prominent.
The
collective effect of these diversionary candidacies, I feared, would make it
harder for voters to learn about the real candidates and the important issues.
From
the evidence to date, I can only conclude that I was wrong.
There
are now more legislative candidates than there were before the Clean Elections
Act, but most of the additional candidates are Democrats and Republicans
running in districts formerly afflicted with uncontested races.
There
has been no appreciable increase in contested primaries -- they remain a rarity
in Maine. In 2006, we had two significant candidates for governor who were not
Republicans or Democrats. That's not unique. Twice in the past generation,
Maine has elected governors who were not Republicans or Democrats.
The
31 percent percent of the vote that Pat LaMarche and Barbara Merrill collected
in 2006 may suggest a positive effect of public funding. Maine voters had more
choices than the major parties alone can offer and nearly a third exercised
that choice.
Political
parties in America have rarely been in such bad odor as they are right now. In
Maine, voters had a place to go with their unhappiness and they could do so
within the political system. It's not a bad thing for unhappy citizens to be
able to protest by voting rather than withdrawing from politics altogether.
The
risk remains that future elections will produce candidates who are not sincere
or not capable of attracting significant support and that they will qualify for
hundreds of thousands of public dollars.
Those
who think the qualifying standards are too low may well be right. But that is
hardly a conclusion that one could draw from the first four election cycles
under the Clean Elections Act. The qualifying standards will require future
monitoring and perhaps some tinkering down the road. But, for now, no small
number of Maine voters found something to like in the array of choices afforded
them in 2006, and we shouldn't hasten to make it harder for such alternatives
to emerge in the future.
ISOLATION
OF GOVERNMENT
Few
things are harder to determine in politics than the reasons why governors act
as they do and legislators vote as they do.
While
many Americans believe that special interests play too large a role in public
policy making, it is nearly impossible to measure the extent of that influence
-- or to determine the success of political reforms aimed at curbing it.
There
can be no question that the ability of special interest groups to curry favor
with legislators has been narrowed by the Clean Elections Act. In 2006, 81
percent of all legislative candidates received public funding; none of them
could accept direct contributions from special interests.
Lobbyists
for special interests will still roam the halls of the state capitol. Nothing
wrong with that. But most legislators will now be free to listen to the substance
of their arguments and to respond out of interest, not obligation. This was a
goal of the advocates for clean elections and it has been largely achieved.
Baldacci,
who eschewed public funding, raised more than $1.25 million from private
sources, nearly all of it in contributions of $500 or less from individuals and
political action committees. But since his success in raising private funds
triggered matching funds for his opponents, he gained little financial
advantage over the clean elections candidates.
And
the 38 percent of the vote he received will not suggest to many future
candidates that there's much magic in private financing.
The
Clean Elections Act is not perfect. Few public policies are. It will require
constant monitoring and adjustment as our experience broadens our
understanding. But we have some evidence now that tells us that the fondest
hopes of the advocates have been realized and the gravest doubts of the
doubters have not materialized.
I
was one of those doubters 10 years ago, but I'm coming around.
G.
Calvin Mackenzie is the Goldfarb Family Distinguished Professor of Government
at Colby College and a former chairman of the Maine Commission on Governmental
Ethics and Election Practices.