Lax enforcement,
loopholes limit value of ethics law
TWO DEVELOPMENTS in the State House in recent days hold the
promise of making politics cleaner and elected officials more
accountable to the public.
Last week, the House followed Gov. Mark Sanford’s lead and voted
to give the State Ethics Committee the $300,000 it needs to start an
electronic filing system for campaign reports. The system, which a
Senate Finance subcommittee also recommended fully funding, would
allow the public to find out who’s giving money to candidates just
by logging onto the Internet.
Earlier this month, House Speaker David Wilkins appointed a
special panel to review the state’s ethics and campaign finance
laws. That move was prompted in part by a series by The State’s
Aaron Gould Sheinin, who found that legislators are doing as bad a
job as ever of complying with the reporting requirements that are
the very foundation of the campaign finance law — and that they’re
getting away with it. News that a third of House members and a
quarter of senators filed incomplete or inaccurate reports during
the last half of 2004, and that the House Ethics Committee doesn’t
even review the reports to determine whether they comply with the
law, should refocus attention on how inappropriate it is for the
House and Senate ethics committees to police their own members’
conduct.
That task should fall to the independent State Ethics Commission,
just as it does for all other elected officials. The legislative
panels’ involvement should be limited to questions of whether
legislators should be expelled for their misdeeds.
We don’t hold out a lot of hope that Mr. Wilkins’ panel will
suggest such a radical change, since the Legislature has always been
adamantly opposed to it. However, it certainly should be on the
table, along with other proposals to stiffen penalties, ensure
compliance and in other ways broaden the 13-year-old ethics and
campaign finance law.
But while questions of whether to change the law’s focus or
broaden its scope deserve careful consideration, some problems are
clear, and need no study.
The most recent to come to light involves a provision added in
2003 that was supposed to require candidates to report the
occupations of campaign donors. This requirement, long part of
federal and other state laws, helps voters determine whom their
elected officials are serving, by making patterns between donations
and official actions easier to track.
The Senate Ethics Committee and the State Ethics Commission are
requiring candidates they oversee to report this information. But
House members and candidates don’t have to do the same, because the
House Ethics Committee has concluded that the law merely requires
candidates to collect the information.
The House panel is correct; there is no requirement in the law
that candidates share this information with the public. But there is
absolutely no reason to require candidates to collect information
about donors’ occupations if they don’t have to share that
information with voters. So either this was an error in the way the
law was written, or else it was a deliberate attempt to deceive the
public into believing that the law was tougher than it actually is.
Either way, the Legislature should make quick work of closing the
loophole and giving the public the information lawmakers claimed
they were providing two years ago.
About the only thing less valuable than a law that isn’t enforced
is one that doesn’t even require what it pretends to require. |