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Mayor Mike: I Have Some Election Gripes
By MICHAEL SCHENKLER
Every once in while, a writer – a columnist – finds himself in a black hole. It is not one of those great cosmic whooshing sounds sci-fi crazies obsess over, but simply a matter of timing.
Regulars to this page know that I pen – forgive me, keyboard – my column on the weekend before our Wednesday night press window. Obviously, if factors change, I can rewrite right up until we transmit the final page via internet. But I’ve disciplined myself to write on the weekend. My real job – running the business of the newspaper — doesn’t always give me the luxury of reserving a large block of weekday time to think, research, create and write.
Welcome to the election black hole – no, that is not a commentary on Tuesday’s Primary. I write this on Saturday (9/10) when the appropriate subject of a political column should be Tuesday’s (9/13) Primary. However, this isuue hits the streets on Thursday (9/15) two days after the Primary.
So what should my topic be?
Gripes – election related gripes!
As we, sort-of insiders, go through the annual ritual known as elections, we gripe – the system has faults. The candidates have warts. We pundits have conflicts. The voters have limitations. The election process is imperfect.
But the system is damn good. Yes, elections as we practice them here, are as fine an exercise in Democracy and promoting the will of the people as you’ll find anywhere on this globe. But with its positives, we know there are negatives – big and small.
My list below is by no means complete or intended as a road map for repair. I do think that government (all levels) needs to appoint independent, non-partisan (or perhaps bi-partisan) commissions to report to the people on the election process and how to improve it.
As far as it happening in New York City: Hey Mayor Mike, I’d be interested in the City’s Commission On Reforming Elections (CORE). I even gave it a workable acronym — forgive me Roy Innis.
The City’s Commission could recommend to the Charter Commission any major change in the City Charter and on simpler procedural or fairness issues could propose legislation for the City Council, or recommend rules changes to the Campaign Finance Board, or to relevant agencies involved with elections. Utilizing the people, good government groups and the press, the commission could lobby for important change.
So Mayor Mike, I’m available and interested in exploring the list below and any other thoughts offered by the public and elected officials alike. Please let me know when we start and who the other commission members are – I have some suggestions – Henry Stern can you hear me?
•If a law is passed or the Charter is changed by referendum of the people, it can only be changed or modified by another referendum. Any argument to the contrary is bogus and unjust. Now get prepared for some self-serving Councilmembers to try to undo the term limit law voted on by the people. If the will of the people is expressed at the voting booth, elected officials can’t override it. Duh!
• Campaign posters in New York City hung outside – on city property – are illegal: No signs on telephone or light poles, no ground signs by the highways, no postering. The sanitation Department must enforce the law and the heavy penalties that come with it. We don’t learn about candidates by seeing their posters. It doesn’t improve government. It litters the Cityscape. Only we printers benefit. Put posters inside of store and house windows.
•Voter registration should be automatic or as automatic as possible. You got a social security card? You got a drivers license? You file a tax return? Log onto the web? You must be eligible to vote. The system must be controlled but wide open to all — and as easy and as accessible as possible. You should be able to register online right up to Election Day. We should have a year-round voter registration campaign.
•Extending the education concept, we must encourage greater voter participation. We should make it as easy as possible. We should explore – or pursue — internet voting. •Stop those damn recorded phone calls. You want to call and ask for my vote, I’ll talk to you. You have a machine call me, you can’t believe in an exchange of ideas. Businesses can’t do it if you register in the “no telemarketing” program, neither should businesses selling services to candidates or candidates or parties using machines. If you do it during dinner time, you should lose two votes for each call.
•If you normally work for the government from 9 a.m. to 5 p.m., you can’t campaign during those hours. No exception. The use and abuse of staff members to work on campaigns has gotten out of control. Extra compensatory or vacation time is granted so that public employees can campaign for their superiors, those who gave them the job, candidates selected by the party structure, etc.
•Likewise, public mailing or staff used for political purposes must be stopped. Of course it can be done, but the rules are made by the guys and gals who benefit from using staff and mail. Action must be taken.
•Elected officials should not be allowed to increase their own salaries, terms or benefits – changes should take place with the next class of electeds.
•Public financing is a wonderful concept but must be revisited; it has not achieved its purpose. The system hasn’t been effectively opened up to newcomers. Incumbent Councilmembers almost all win re-election easily. With huge amounts of matching money going to incumbents with barely a race or with under-funded challengers, we must tweak the system and find additional way to level the playing field.
•The CFB’s application of its rules seems to be over the top and should be adjusted. The cost of CFB compliance has gotten out of hand. You should not need an attorney to make use of the matching fund program.
•Ballot access must be addressed. Yes, there are rules, but sharp-shooting lawyers should not be the gatekeepers of candidacy. We must explore equitable ways for ballot petitioning without the need to fund attorneys to withstand challenges. Perhaps public finance should provide counsel for ballot access — just a random thought. All petitions should be scrutinized equally and fairly. The rich or well connected with access to professionals should not be given a better shot at candidacy than the newcomer or the not-so-wealthy.
I could go on, but you get the idea.
We have a great system, but it can and should be made better.
What do you say Mayor Mike?
When do we begin?
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Elect Me, Then Lobby Me
By
HENRY STERN
A new class of insiders, which include Republicans and Democrats, are paid for their campaign work by the candidates, who often use public matching funds for that purpose. When the candidates are elected, the campaign staff sells their access to the public official to their private clients-corporations, unions, nonprofits -- any group that wants the official to do something to help or not hurt them.
The practice of campaign consultants, who are often powerful figures to whom candidates feel indebted, also serving as lobbyists is troublesome in a number of ways. First is the question of undue influence: will a candidate be more likely to listen to the person who helped elect him or her, or to a lobbyist without that entree? Second is the issue of undercharging: will a campaign consultant charge the candidate less for his services, knowing that he will make up the difference in lobbying fees?
Third is the problem of what happens when lobbyists skip to other companies, or clients change lobbyists. Do they take the elected officials with them? Who owns the relationship? Who owns — or rents — the public officials?
It seems to us that the incestuous relationships of lobbyists and elected officials are intimate enough without the lobbyist becoming the instrumentality of the official’s nomination and election.
The conflicts of interests inherent in this practice deserve strict regulation if not total prohibition. However, the manipulating string pullers and influence peddlers are clever enough to outwit any regulatory scheme. They have had years of experience in passing laws, preventing laws from being passed, and getting around the laws that are passed. The clearest thing to do would probably be to outlaw the combined practice of lobbying for bills and electing people to vote on those bills.
Notwithstanding a strong bill, we will still need to ride herd on the dummy and shell corporations, operated by nominees and straw men, that will be created to circumvent the spirit of the ban. Penalties for violating this law should be sufficiently severe to have a deterrent effect on the cheaters. The Stock Exchange and the SEC, for example, have the power to expel crooks from the exchange or the securities business. Why not do the same to lobbyists who do not conform to the moral standards that should be expected.
Let us make it clear: lobbying is a legitimate business and there are honorable professionals who engage in it. Sometimes intermediaries are needed to deal with government and all are entitled to a fair hearing in dealing with legislators and procurement officers. Appropriate lobbying is acceptable.
But any business where the stock in trade consists of human relationships is subject to abuse and over-reaching. The relatively new practice of campaigners doubling as lobbyists makes oversight more difficult, and creates additional opportunities for improper behavior. The campaigner-lobbyist complex should not be allowed to tighten its grip on government.
But the question remains: “Who will bell the cat?”
(Ed. note: “To bell the cat”: To take a risky action. The phrase comes from one of Aesop’s Fables. A family of mice could not get food because of its fear of a cat. The mice decided that the best thing they could do was to tie a bell around the cat’s neck to warn them of the cat’s whereabouts. And so it was agreed until one wise mouse stepped up and asked, “Who will bell the cat?”)
Starquest@NYCivic.org
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