FOR FIVE YEARS, reformers in South Carolina campaigned on a
simple principle — that our state had every right to demand that
people who spend their money to influence our vote tell us who they
are and how much they spent.
And for five years, the anti-reformers hid behind their
predictions (which they tried to pass off as assurances) that the
U.S. Supreme Court would never allow such a thing. Never mind that
all but four other states already required that such basic
information be made public.
Fortunately, the reformers prevailed last year, finally
overcoming entrenched opposition in the state Senate and passing a
campaign finance reform law that ensures that voters will be able to
find out who is bankrolling their favorite, or not-so-favorite,
candidates.
Even then, the anti-reformers continued to question the
constitutionality of the law. Clearly, we were headed for an
expensive and protracted legal fight.
Then last month, the Supreme Court swept aside the outlandish
predictions about its opposition to public information when it
issued what The New York Times declared “the most important ruling
on the place of money in politics in a generation.” The sweeping
decision, upholding nearly all the provisions of the federal
McCain-Feingold campaign finance law, did much more than simply
reiterate the right of governments to demand public information
about campaign spending. McCain-Feingold takes a far different
approach to money in politics, by banning certain types of
unregulated fund-raising and spending. Until last month, even the
most optimistic of reformers realized there were no assurances that
the justices would sign off on that approach.
Except for predictions that it will flood the states with money
as special interests look for dodges to the federal law (a flood the
states can hold back if they so choose), there has been little talk
in the wake of that ruling about how it will affect state-level
politics. But while the immediate impact might not be as great, the
ruling has the potential to eventually affect state and local
elections every bit as much as federal elections.
Here in South Carolina, some effects will be immediate: The
ruling should remove any clouds that hung over our own new campaign
finance law, and ensure that we don’t have to underwrite years of
costly litigation to defend it.
But that’s just the beginning. Here and elsewhere, the ruling
should embolden ethics law enforcers, many of whom were cowed into
lax enforcement out of overblown fears of what might happen if their
actions were challenged in court. Rather than looking for ways to
restrict the meaning of the law, and thus stay out of court, perhaps
now our regulators will simply insist that candidates and donors
obey it.
The ruling also frees South Carolina and other states to go
beyond the simple disclosure requirements that have been the
mainstay of their own approach to campaign finance law, and begin to
ban practices they find detrimental to the integrity of the election
process.
In the Congress, Sen. John McCain and other reformers already are
planning Reform Part 2, with an eye toward passing new limits they
didn’t think possible before. It promises to be an interesting
debate.
Some states might follow suit.
And eventually, we in South Carolina might find, as the Congress
did, that even armed with information about who was bankrolling
whom, voters still feel powerless in the face of a system in which a
candidate either gives in to the demands of special interests or
else is drowned out by an opponent who did that. We, too might find
that, feeling powerless, voters become increasingly disenfranchised
and, rather than protesting by voting against the special-interest
system, they start dropping out of the system altogether. If that
happens here, then we, too, might need to consider outlawing some of
the most egregious end-runs around the system.
But not yet.
First, we need to see what happens with our grand renewed
experiment in the power of public information. I’d like to hope that
our state is still small enough and interconnected enough that
voters will believe they can make a difference once they have the
information with which to make informed choices.
It’s one thing for a candidate to allege that his opponent is
being bankrolled by the gambling industry or the nuclear waste
industry or the trial lawyers or insurance companies. It’s quite
another for voters to be able to see that for themselves. To see
precisely how many dollars were spent on which day by which
interest, for which candidate. To see the aggregate. To be able to
compare that information to voting records, to help them decide
whether elected officials are, indeed, forsaking their constituents
in order to grant special favors to their benefactors.
Here in South Carolina, we are about to be able to do that.
Whether we take advantage of that ability is up to us.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571.