epip/ncrp webinar | supersized imbalance: post-2014 election, what foundations should know
TRANSCRIPT
SUPERSIZED IMBALANCE: POST-2015 ELECTION, WHAT FOUNDATIONS SHOULD KNOW
EPIP/NCRP Webinar January 9th, 2015 Hosts: Michael Barham and Christine Reeves
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Emerging Practitioners in Philanthropy (EPIP) is a national network of foundation professionals and social entrepreneurs who strive for excellence in the practice of philanthropy.
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Announcements • EPIP National Conference – Save the Date! • May 13th-14th
• New Orleans, LA • Next EPIP Webinar - Wednesday, February 4th, 3pm ET • Black Male Achievement: An Exploration of Systemic and
Capacity Building Solutions • Foundation Center, Open Society Foundations, PolicyLink,
CLASP
• MC MaL • January: Communications
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Housekeeping • All attendees on mute during the presentation
• Use the question box for technical difficulties
• We’ll save time for Q&A
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• Complete the post-webinar survey!
Goals for Our Time Today Frame Overview of NIMSP Tool #1: Who Gives to Influence Policy? (Example: Fracking) #2: Legislative Action in the States (Example: ACA Health Policy) #3: Judicial Independence (Example: Money in Judicial Elections) #4: Defending & Enforcing Campaign Finance (Example: Sun Act) #5: How Election Data Informs the Hewlett Foundation (Example: Madison Initiative Program)
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
We Connect the Dots in 50 States Ballot measures
Judicial candidates
Statewide candidates
Legislative candidates
Federal candidates
Political parties
Lobbyists & clients
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
What Can Data Tell You?
$5.6 Billion to Gubernatorial Races $8.4 Billion to Legislative Races $4.3 Billion to Ballot Measures
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Our Data Tells You
Who gave? How much? To whom? When?
The Institute is seen as a “gold standard” reference and a “gold mine” of information. —RAND Corp, 2014
FollowTheMoney.org
Transparency
Media
Academia
Advocacy
Policy
Gov�t Agencies
Sunlight Foundation MapLight Project Vote Smart TransparencyData.com CNN, ABC, CBS, Fox, NPR, MSNBC Wall St. Journal, NY Times, Reuters, Newsweek Center for Public Integrity ProPublica Investigative News Network Stateline.org Harvard, Stanford, Rice, New York Univ. of Law Sustainable Investments Institute American Judicature Society Election Law Journal Common Cause Midwest Democracy Network U.S. PIRG State Voices AARP Campaign for a Just Society Cato Institute Justice at Stake Campaign Finance Institute Progressive States Network Heritage Foundation Brennan Center for Justice All 50 state elections agencies U.S. Supreme Court National Conference of State Legislatures U.S. Government Accountability Office Council on Governmental Ethics Laws
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Identify special interest money
Data = Informed Power Mapping
Who may wish to influence public policy? How much did they give to people in positions of power?
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Specific Work for Foundations
Ex: The Energy Foundation
supported Institute investigation of
lobbying influence on laws related to climate change in
five states
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Focus on special interest
contributors Ex: Oil & Gas
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Which states were targeted?
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Look at the detail …by State … by Contributor
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Is your focus on healthcare?
Health-related political giving to
state legislators is on the rise
nationwide
$74M
$36M $49M
$62M
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Specific Work for Foundations
Ex: The California Endowment asked the Institute to document the record-breaking pace of the California medical insurance industry’s political contributions to affect 2014 state elections.
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Zero in on key committee members in one state
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Who gave them the most?
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
… how much? … from? … to?
Save your searches and download results
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Legislative Power Mapping
Narrow your focus to who has the
power in committee
(2015 legislative committees coming soon!)
FollowTheMoney.org Tracking political donations in all 50 states
National Institute on Money in State Politics EPIP/NCRP JAN. 2015
Contact Edwin Bender 406-449-2480
Follow us! Facebook.com/FollowTheMoney.org
Twitter: @MoneyInPolitics
Want to Learn More?
Citizens United v. FEC!Five Justices struck down the federal restrictions on
corporate spending to influence elections.!All but Justice Thomas voted to uphold disclosure.!
The Aftermath of Citizens United
Elec)on$Year$ Total$(non8party)$outside$spending$
2006$ $69,535,000$
2008$ $338,400,000$
Ci#zens(United(
2010$ $309,834,000$
2012$ $1,038,737,000$
2014$ $560,637,000$
Information from the Center for Responsive Politics
Biggest “Dark Money” Groups, 2014
Group Spending US Chamber of Commerce $35,464,243 Crossroads GPS $26,015,161 NRA Institute for Legislative Action $12,117,487 Patriot Majority USA $10,652,298 American Action Network $8,958,129
Information from the Center for Responsive Politics
Section 501(c) groups • A 501(c)(3) organization is a public charity or private foundation (e.g., Boy
Scouts of America, Heritage Foundation, churches). A 501(c)(3) is prohibited from participating or intervening in any political campaign for a candidate for public office.
• A 501(c)(4) is a social welfare organization (e.g., NRA, Sierra Club). Donors also need not be publicly disclosed under the tax law. Unlike (c)(3)s, these groups can participate in political campaign activity for candidates for public office, provided that this is not their primary activity. Examples of such (c)(4)s are Crossroads GPS and American Action Network.
• 501(c)(5)s are labor organizations and 501(c)(6)s are trade associations. They are also not required to publicly disclose their donors under the tax law. Similarly to 501(c)(4)s, these groups can engage in political campaign activity provided that it is not their primary activity. Both of these types of groups were very involved in the 2010 elections; according to the Center for Responsive Politics, the most active (c)(5) was the Service Employees International Union and the most active (c)(6) was the U.S. Chamber of Commerce.
Declining Disclosure
1 Figure: Campaign Legal Center. Data: Center for Responsive Politics.!
0%!
10%!
20%!
30%!
40%!
50%!
60%!
70%!
2008! 2012!
Portion of Outside Spending Disclosed1
65 %!
41 %!
Reasons for the Disclosure Deficit
• Federal law not designed to capture large scale spending by corporations and non-profit corporations
• IRC does not require donor disclosure from many types of 501(c) groups
• The FEC gutted the federal electioneering communications disclosure law was gutted by a regulation in 2007.
• Other potential regulators – SEC, FCC – have not taken action
Multi-prong Approach to
Improving Transparency
a. Legisla)ve$Ac)on$(DISCLOSE$Act)$b. Affirma)ve$Li)ga)on$(Van$Hollen$v.$FEC)$
c. Administra)ve$Prac)ce$(IRS,$FEC)$$d. Defensive$Li)ga)on$
The Hewlett
Foundation’s
Madison Initiative
Our goal: help create conditions
in which Congress and its
members can negotiate and
compromise in ways that work
for most Americans