The decision by the US Supreme Court in the Citizens United vs. Federal Election Commission case has changed what constitutes political speech in our country forever. This decision is so monumental that it received mention in President Obama's State of the Union speech. For some states, little will change in their state elections because they have taken a conservative approach to regulating corporate and general union funds in their elections; allowing them. In Wisconsin however, we have had a ban on corporate spending in elections since the 1905 Legislative session when Bob LaFollette and his cohorts decided elections should be by the people, for the people.
In actuality, corporations have been spending in elections for over the past decade in Wisconsin; they have just been lurking in the shadows of the law. There has been movement afoot, for just as long, to expressly make that communication fit within our laws. In fact, three days before the Citizens decision, the Wisconsin Senate passed SB 43 to regulate issue ads and hold those ads and their funders to our campaign finance laws. Now however, our laws have effectively been changed because of the Court's decision - we won't reverse our ban on the books, but we will be unable to enforce the law the way we planned.
In Citizens United the US Supreme Court uses the first 20 pages of the decision to explain how they go beyond the scope of the question before them. That expansion decision by the Court is a mistake, and one that our democracy will pay the price for. Because we cannot treat a corporation as an individual campaign contributor - corporations have an advantage. Because we cannot treat a corporation as a conduit - corporations have an advantage. Because we cannot treat a corporation as a political action committee we cannot hold them to the laws that govern PAC's - corporations have an advantage.
The decision treats corporate money more favorably than the $25 reportable contribution from a neighbor, which is simply wrong for democracy. All groups, corporations, and individuals who choose to make contributions and expenditures in elections should be treated the same. The Court has given corporate money an advantage by giving them the right to spend a blank check without the limits other participants in elections have.
We must now try to make improvements to our laws so that we know exactly where corporate money comes from and where it is spent.
This is my plan before the end of this Legislative session.
For more information on the Citizens United decision please contact my office at (888) 549-0027 or sen.erpenbach@legis.wisconsin.gov.
- Sen. Jon Erpenbach, D-Waunakee, serves the 27th Senate District, which includes Green County.
In actuality, corporations have been spending in elections for over the past decade in Wisconsin; they have just been lurking in the shadows of the law. There has been movement afoot, for just as long, to expressly make that communication fit within our laws. In fact, three days before the Citizens decision, the Wisconsin Senate passed SB 43 to regulate issue ads and hold those ads and their funders to our campaign finance laws. Now however, our laws have effectively been changed because of the Court's decision - we won't reverse our ban on the books, but we will be unable to enforce the law the way we planned.
In Citizens United the US Supreme Court uses the first 20 pages of the decision to explain how they go beyond the scope of the question before them. That expansion decision by the Court is a mistake, and one that our democracy will pay the price for. Because we cannot treat a corporation as an individual campaign contributor - corporations have an advantage. Because we cannot treat a corporation as a conduit - corporations have an advantage. Because we cannot treat a corporation as a political action committee we cannot hold them to the laws that govern PAC's - corporations have an advantage.
The decision treats corporate money more favorably than the $25 reportable contribution from a neighbor, which is simply wrong for democracy. All groups, corporations, and individuals who choose to make contributions and expenditures in elections should be treated the same. The Court has given corporate money an advantage by giving them the right to spend a blank check without the limits other participants in elections have.
We must now try to make improvements to our laws so that we know exactly where corporate money comes from and where it is spent.
This is my plan before the end of this Legislative session.
For more information on the Citizens United decision please contact my office at (888) 549-0027 or sen.erpenbach@legis.wisconsin.gov.
- Sen. Jon Erpenbach, D-Waunakee, serves the 27th Senate District, which includes Green County.
