Citizen Equality Act of 2017

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Lawrence Lessig speaking at a New Hampshire Democratic Party conference Lawrence Lessig speaks at NH Democratic Party 2015.jpg
Lawrence Lessig speaking at a New Hampshire Democratic Party conference

The Citizen Equality Act of 2017 is a draft piece of legislation proposed by former 2016 American presidential candidate Lawrence Lessig. The act was the centerpiece of Lessig's campaign platform, encompassing his plans for campaign finance reform, expansion of voting access, and revised districting laws. Lessig had stated that if elected, he would make these reforms the first priority of his presidency. [1] [2] At the start of his campaign, he announced his candidacy as a "referendum," stating that he would step down upon the enactment of the Citizen Equality Act and turn the presidency over to the vice president. In an October 2015 interview on HBO's Real Time with Bill Maher , he retracted this statement and expressed his intention to stay on as president if elected. [3] On November 2, 2015, Lessig ended his bid for the presidency, citing changes in Democratic Party rules that excluded him from the stage during televised debates. [4]

Contents

Rationale

Lessig cited the connection between moneyed interests and political campaigns as the greatest barrier to equal representation in American democracy.

In a 2013 TED talk, he presented statistics on the number of citizens responsible for raising the bulk of campaign funds: ".000042 percent — for those of you doing the numbers, you know that's 132 Americans — gave 60 percent of the Super PAC money spent in the cycle we have just seen ending ... it's .05 percent who are our relevant funders in America." [5]

He argued that other policy goals could not be realized until campaign financing laws diminish the influence of super PACs and corporate entities over Congressional election results. "So I want you to take hold, to grab the issue you care the most about. Climate change is mine, but it might be financial reform or a simpler tax system or inequality ... We will never get your issue solved until we fix this issue first. So it's not that mine is the most important issue ... but mine is the first issue." [5]

His campaign emphasized reducing the differential between the financial contributions of these entities and those of small donors through policy modifications: "this is a problem of just incentives, just incentives. Change the incentives, and the behavior changes, and the states that have adopted small dollar funded systems have seen overnight a change in the practice." [5]

As recently as 2011, Lessig's activism had centered on exploring the possibility of a Second Constitutional Convention, culminating in a Conference on the Constitutional Convention held at Harvard Law School in September of that year. His 2011 book Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It also investigates a second Convention as a solution to the influence of business interests on legislature. [6] Lessig and legal scholar Sanford Levinson, best known for his book calling for a Second Constitutional Convention, [7] gave a joint podcast with the National Constitution Center in 2014 to discuss the advantages of and challenges to changing the Constitution. [8] However, since the beginning of his presidential campaign, Lessig had adjusted his focus to reforms within the existing legal system - namely, his draft legislation.

Content

Right to Vote

The proposal would authorize "at minimum" two existing bills: the Voting Rights Advancement Act of 2015, introduced in June 2015 by senator Patrick Leahy of Vermont, and the Voter Empowerment Act of 2015, introduced in March 2015 by representative John Lewis of Georgia's 5th congressional district. [9]

Voting Rights Advancement Act of 2015

This set of amendments to the Voting Rights Act of 1965 includes an expansion of its criteria for coverage across states. It contains provisions for increased access to polling places and voter registration agencies for underserved and tribal regions, as well as for absentee ballots and early voting on designated Indian lands. It also either adds seats elected at-large or redraws political subdivisions in which racial or language minority groups comprise significant parts of the population, or in which these groups have increased in numbers. The bill enacts more stringent regulation and pre-clearance for changes to districts in such subdivisions, and requires greater transparency with respect to changes in documentation or qualifications to vote. [10]

Voter Empowerment Act of 2015

The latter would require states to administer online voting registration, provide opportunities for correcting clerical errors, and expand random audits of federal election results. It also would amend the criminal code to prohibit state officials from interfering with voter registration on the basis of unverified match lists, clerical errors irrelevant to eligibility, or voter caging lists. Additionally, it would require the provision of alternate voting mechanisms for those with disabilities or difficulties with literacy. [11] Furthermore, the proposal would institute automatic voter registration and a national holiday on Election Day. [9]

Representation

Ranked-Choice Voting

The Act proposes, at minimum, the Ranked Choice Voting Act as a solution to gerrymandering and other representational issues caused by districting. The RCVA was developed by FairVote, a nonprofit organization advocating electoral reform. [9] The proposed method would overturn the 1967 mandate for single-winner districts in favor of multi-winner districts, with members of Congress chosen by a ranked choice method. It would create multi-member districts in states with more than five representatives.

Redistricting

The RCVA also would mandate that redistricting be conducted by independent commissions. It contains eligibility provisions to ensure that members of the commissions do not have conflicts of interest that would impair the fairness of the districting process, including a written statement of impartiality and exclusion of those who have personal or family connections to public office or lobbying interests. The commissions would be selected to maximize geographic, ethnic, race, and gender diversity, as well as to include members with relevant "analytical skills." The RCVA imposes limits on the districting process itself, including that districts be equal in population, contiguous, and politically diverse as measured by past election data. Any attempt to change district boundaries would necessitate an "open and transparent process" involving public comment and the public release of data or software used in the redistricting process. [12]

Citizen Funded Elections

The Act would combine the campaign funding proposals delineated by John Sarbanes' Government by the People Act and RepresentUs's American Anti-Corruption Act. It would institute matching funds for small contributions to congressional and federal elections, as well as limit opportunities in government service positions for those with interests in the private sector. [13] [14]

Reception

Critics contested Lessig's assertion that campaign finance reform is the most decisive issue in progressive political reform. Thomas Mann, senior fellow at the Brookings Institution, responded to his platform that "our problems right now are that we have highly polarized parties and midterm elections that routinely produce gridlock. And it isn't money that's gridlocking the system — it's hyperpartisanship." [15]

Others rejected his bid as an unrealistic campaign for a position requiring a broader understanding of American politics. Robinson Meyer of The Atlantic wrote, "What if he proposes his Citizens Equality Act but can't get it passed? And what if there's some foreign-policy crisis or economic crash in December 2016: Will President Lessig carefully put that aside while he focuses on enacting his precious bill?" [16] Steven Rosenfeld of AlterNet named Lessig a "case study in the dangers of single-issue politics," maintaining that "... adopting nationwide publicly financed campaigns ... has been the agreed-upon solution among progressive reformers for decades." [17]

The practical likelihood of Lessig's reform plan was also the subject of criticism. Writes Mann, "We don't have the luxury of using the election to try to build a mandate for a set of political reforms that would have no chance of passing in the face of GOP opposition and would be of only incremental utility if they did." [15]

Lessig has come under fire for his statements expressing apparent support for Republican presidential candidate Donald Trump's positioning on corporate political influence. His quote in an interview that "Donald Trump is the biggest gift to the movement for reform since the Supreme Court gave us Citizens United " was reproduced in a Politico feature titled "Meet the Liberals Who Love Trump." [18]

Related Research Articles

Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold", is the most recent major federal law affecting campaign finance, the key provisions of which prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election, until BCRA's provisions limiting corporate and union expenditures for issue advertising were overturned in Federal Election Commission v. Wisconsin Right to Life.

Lawrence Lessig American academic, political activist

Lester Lawrence Lessig III is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for president of the United States in the 2016 U.S. presidential election but withdrew before the primaries.

Reform Party of the United States of America American political party

The Reform Party of the United States of America (RPUSA), generally known as the Reform Party USA or the Reform Party, is a political party in the United States, founded in 1995 by Ross Perot.

Bipartisan Campaign Reform Act

The Bipartisan Campaign Reform Act of 2001 is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.

Common Cause is a watchdog group based in Washington, D.C., with chapters in 35 states. It was founded in 1970 by John W. Gardner, a Republican, who was the former Secretary of Health, Education, and Welfare in the administration of President Lyndon Johnson as well as chair of the National Urban Coalition, an advocacy group for minorities and the working poor in urban areas. As initially founded, Common Cause was prominently known for its efforts to bring about an end to the Vietnam War and lower the voting age from 21 to 18.

Elections in the United States Political elections for public offices in the United States

Elections in the United States are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries. According to a study by political scientist Jennifer Lawless, there were 519,682 elected officials in the United States as of 2012.

<i>A More Perfect Constitution</i>

A More Perfect Constitution is a book published by American political scientist at the University of Virginia, Larry J. Sabato, in which he proposes a constitutional convention to substantially overhaul the United States Constitution. He points out that after the Bill of Rights, there have only been seventeen constitutional amendments over the past 220 years. He argues that a constitutional convention is overdue and is something that the Founding Fathers would have wanted. He offers 23 proposals for revising the Constitution.

Electoral reform in the United States refers to efforts to change American elections and the electoral system used in the United States.

James Bopp Jr. is an American conservative lawyer. He is most known for his work associated with election laws and campaign finance.

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United States presidential election Type of election in the United States

The election of the president on and the vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C., cast ballots not directly for those offices, but instead for members of the Electoral College. These electors then cast direct votes, known as electoral votes, for president, and for vice president. The candidate who receives an absolute majority of electoral votes is then elected to that office. If no candidate receives an absolute majority of the votes for president, the House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president.

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Mayday PAC

Mayday PAC is an American crowd-funded non-partisan Super PAC created by Harvard Law School professor and activist Lawrence Lessig. Its purpose is to help elect candidates to the Congress to pass campaign finance reform. It is notable for raising large sums from numerous contributors in a short span of time – nearly $11 million in 2014 – and was described in the Los Angeles Times as the "super PAC to end all super PACs." The group spent over $10 million in the November 2014 elections, but its strategic plan of electing candidates friendly to campaign finance reform failed.

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Lawrence Lessig 2016 presidential campaign

The 2016 presidential campaign of Lawrence Lessig, a law professor at Harvard University and cofounder of Creative Commons, was formally announced on September 6, 2015, as Lessig confirmed his intentions to run for the Democratic Party's nomination for President of the United States in 2016. Lessig had promised to run if his exploratory committee raised $1 million by Labor Day, which it accomplished one day early. He described his candidacy as a referendum on campaign finance reform and electoral reform legislation.

A campaign finance reform amendment refers to any proposed amendment to the United States Constitution to authorize greater restrictions on spending related to political speech, and to overturn Supreme Court rulings which have narrowed such laws under the First Amendment. Several amendments have been filed since Citizens United v. Federal Election Commission and the Occupy movement.

Faithless electors in the 2016 United States presidential election

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Equal Citizens is an American non-profit, non-partisan group that is "dedicated to reforms that will achieve citizen equality". It was founded in late 2016 by Harvard Law professor Lawrence Lessig to continue the effort to bring about the set of reforms he proposed during his 2016 presidential campaign. Notably, as its inaugural campaign, the group launched "Electors Trust" immediately after the 2016 general election. They did this to provide free and strictly confidential legal support to any elector who wished to vote their conscience. Working together with several other groups, such as the Hamilton Electors and celebrities, the campaign resulted in the largest number of "faithless" electoral votes ever cast in a single presidential election.

For the People Act Election reform and anti-corruption bill in the 117th Congress

The For the People Act, introduced as H.R. 1, is a bill in the United States Congress to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.

References

  1. Ballhaus, Rebecca (October 5, 2015). "Tech Icon Lawrence Lessig Raises $1 Million for Presidential Bid". WSJ Blogs - Washington Wire. Retrieved October 6, 2015.
  2. Farivar, Cyrus. "If Larry Lessig is elected president, and campaign reforms pass, he won't resign". ars technica.
  3. Mali, Meghashyam. "Lessig backtracks on vow to quit presidency after campaign finance reform". TheHill. Retrieved November 3, 2015.
  4. Weigel, David (November 2, 2015). "Larry Lessig ends presidential campaign, citing unfair debate rules". The Washington Post. Retrieved November 3, 2015.
  5. 1 2 3 "Transcript of "We the People, and the Republic we must reclaim"". ted. Retrieved November 3, 2015.
  6. Lessig, Lawrence (2011). Republic, Lost: How Money Corrupts Congress--and a Plan to Stop It. New York: Hachette Book Group.
  7. Levinson, Sanford (2006). Our Undemocratic Constitution. Oxford University Press.
  8. "Podcast: Lessig, Levinson on changing the Constitution". Constitution Daily. Retrieved December 3, 2015.
  9. 1 2 3 "Lessig 2016 | Referendum for Citizen Equality". lessig2016.us. Archived from the original on October 5, 2015. Retrieved October 6, 2015.
  10. "Voting Rights Advancement Act of 2015 (S. 1659)". GovTrack.us. Retrieved October 6, 2015.
  11. "Voter Empowerment Act of 2015 (H.R. 12)". GovTrack.us. Retrieved October 6, 2015.
  12. "Ranked Choice Voting Act". Fair Vote. Retrieved October 6, 2015.
  13. "The Government By the People Act (H.R. 20)". John Sarbanes. Retrieved October 6, 2015.
  14. "What's in the Act? | The American Anti-Corruption Act". anticorruptionact.org. Retrieved October 6, 2015.
  15. 1 2 "Election 2016: Dumbing down American politics, Lawrence Lessig, and the Presidency". The Brookings Institution. Retrieved November 3, 2015.
  16. "Larry Lessig, Oh No". The Atlantic. Retrieved November 3, 2015.
  17. Rosenfeld, Steven (August 27, 2015). "Has Lessig Lost It? The Marriage of Larry and the Donald". AlterNet. Retrieved November 3, 2015.
  18. Wofford, Ben. "Meet the Liberals Who Think Trump's Good for Democracy". Politico. Retrieved December 3, 2015.