The recent mudslinging from both sides and the obvious inter-correlation between campaigns and 527s has only reinforced my concept of radical campaign finance reform. I'm still fleshing out the concept so I ask for your help.
I find it amazing that the Republicans are so against the 527s when (and I cannot cite the proof) it was the Republicans who first began using them decades ago (a Conservative Christian organization). The charge at that time was that to silence these groups was a violation of freedom of speech. The Supreme Court has largely ignored this constitutional violation for "the good of the people." I don't have a problem with 527s as long as they TELL THE TRUTH. (I personally believe that the media should investigate every political ad and report what is true and what isn't.)
So, since, IMO, contributions to a campaign and forming political organizations is protected under the constitution I have a different idea. Under my idea of reform, you can give anything you want and say anything you want but you have to accept the responsibilities of the actions.
Radical Campaign Finance Reform (currently only Presidential Elections):
1) Any individual or organization can contribute any amount.
2) All contributions are made to the Presidential Elections Commission. Contributions should be made indicating party preference.
3) For each dollar so contributed:
a) 10% shall go directly to the PEC for maintanence of the PEC (up to 20 million dollars).
b) 30% shall be directly sent to the party's presidential campaign.
c) 30% shall be proportioned equally to any party/campaign that has received
1. at least 5% of the national popular vote in the last campaign
2. was on the ballot in at least 26 of the states (plus D.C.) in the last campaign.
d) 30% shall be proportioned equally to all parties that meet the qualifications for balloting on
at least 26 of the states.
e) If no preference is given the remaining 90% shall be proportioned among those meeting c)
or d).
4) Initial financing of the PEC shall come from a one-time tax of $10 million dollars from the
Democrat and Republican parties. No federal money shall be used to subsidize the campaigns.
5) Any monies left over after election day will be counted against future elections if not
returned to the PEC.
6) Any individual wishing to run for President must declare a party affiliation and will be given a
sum of money as designated by the PEC for the purpose of meeting the requirements for
balloting for at least half the states. If they fail to meet the requirements by a designated
time they will receive no further monies until they meet the qualifications of 3d)
7) The PEC shall create a special court, the Presidential Court (PC), composed of 5 members as:
a) Nominees from the top 5 receipients of the national vote who met the balloting
qualifications in at least 26 of the states,
b) Lacking that requirement, the remainder shall be from
1. Those that met the balloting qualifications of at least 26 states, then
2. Those that received the highest vote totals but failed to meet the qualifications of at
least 26 states.
8) The PC shall be assigned the role as arbiters of fraud. They shall review any advertisement as requested by a campaign to determine if said advertisement was truthful or in aid of, or against, a campaign without being part of a campaign.
9) If a majority of the PC determines that an advertisement is inherently false then they shall determine which campaign(s) were aided, and harmed. From those aided they shall withdraw a sum equal to twice the cost of the advertisement. Said sum shall be placed in the account of those determed to be harmed.
10) If a majority of the PC determines that an advertisement was in aid of, or against, a campaign without being financed through the PEC then they shall withdraw from the campaign(s) which were aided a sum equal to four times the cost of the advertisement. Said sum shall be placed in the account of those determined to be harmed.
Whew, that was long! As you can see this reform addresses certain problems.
It will help to even out campaigns so that richer parties do not have an undue advantage.
It will allow for additional parties to have a voice in the elections.
It will help to prevent erroneous claims in advertisements.
It will insure that freedom of speech is not limited as long as the truth is given.
The chief problem I see is the politics that will wind up in the Presidential Court.
Here is an example of how money might be distributed.
Assume parties R & D are the major parties. Party X recieved 5% of the popular vote in the last election. Party Y recieved only 2% of the vote but was on the ballot in 30 states. Big Spender donates $100,000 earmarked for party D. That money would be divided up by:
%10,000 directly for the PEC.
Of the remaining 90K:
by 3b) Party R gets 30K.
by 3c) Parties R, D, and X each get 10K.
by 3d) Parties R, D, X and Y each get 7.5K.
Totals: R = 47.5K, D = 17.5K, X = 17.5K, Y=7.5K