Derek Cressman

Last updated
Derek Cressman
DerekCressman2016.jpg
Born1967 (age 5657)
OccupationAuthor, Political activist
Alma mater Williams College

Derek Cressman (born December 12, 1967) is a California-based political reform advocate, author and former California Secretary of State candidate. His political ideals focus on removing big money from politics, improving campaign finance transparency and modernizing the California voter registration system. [1] He began his work on these issues in 1995 as the Democracy Program Director for U.S. PIRG and worked in many positions, including Vice President for States, at Common Cause from 2006 to 2013. [2] [3]

Contents

Advocacy work

As founder and director of TheRestofUs.org, Derek Cressman sued Governor Arnold Schwarzenegger in 2005 for violating California campaign finance laws. Schwarzenegger's attorneys conceded the violations, but successfully argued to have the regulations struck down by California courts. [4]

In 2012, Cressman led efforts resulting in the California Fair Political Practices Commission (FPPC) penalizing two Arizona-based nonprofits, Americans for Responsible Leadership and the center to Protect Patient Rights. The nonprofits donated $11 million to oppose the California governor Jerry Brown's tax hike, Proposition 30, and they proposed a labor organizing reform, Proposition 32. [5] Cressman filed the complaint with the FPPC to reveal the names of the donors who had contributed the money to the nonprofits and proposed to defeat Brown's proposals. After an investigation by the FPPC, one of the nonprofits involved was linked to Republican billionaire donors, David Koch and Charles Koch. A year later in 2013, two campaign committees were fined $15 million to the state, equaling the amount of money illegally donated to the Arizona nonprofits. Furthermore, donors affiliated with the Koch brothers network paid $1 million to the state of California due to their illegal campaign financing exposed by Cressman's FPPC complaint. [6]

2014 California Secretary of State Election

In 2014, as a longtime activist but political newcomer, Derek Cressman ran for California Secretary of State as a member of the Democratic Party. [7] His platform included the overhaul of corporate money removal from the political system, make campaign finance more transparent, and modernize the voter registration system. Cressman sought to use the office as a bully pulpit to have California vote on overturning Citizens United v. FEC and legalizing campaign spending limits. Ultimately, Cressman earned 7.6% of the vote, losing to former Democratic state senator and current California Secretary of State, Alex Padilla. [8]

California Proposition 49

Cressman helped direct efforts to pass the Overturn Citizens United ballot measure in California (formerly numbered Proposition 49), which is a voter instruction proposition written by Senator Ted Lieu, advocating that our elected officials take action to get big money out of politics, including support for a constitutional amendment. [9]

The question was removed by the California Supreme Court in 2014 to review the constitutionality of voter instruction measures. [10]

On January 4, 2016, a 6–1 decision by the California Supreme Court ruled that the ballot question was legal, but the court did not put the measure on the next ballot. [9] The California state legislature put 2016 California Proposition 59 on the ballot, and voters approved the question.

Book work

In 2016, Cressman released When Money Talks: The High Price of "Free" Speech and the Selling of Democracy, a book discussing the movement. The book argues that the United States democracy has transformed into an oligarchic model that allots a small group of wealthy individuals the power to politically control the majority. [2]

The book also presents solutions for citizens to rectify American democracy. In an interview with Salon, Cressman described the challenges that our democracy faces with big money in politics and specifically, "how the courts have exacerbated those problems for about 20 years." He addresses and argues against the opposition's position that conflates "free speech and the free press with paid speech and advertising." [11]

Cressman argues that "if money is equivalent to political speech, then that speech is not free." Cressman promotes limits to paid speech, just as communities limit the amount of time any citizen can speak at a town hall meeting, in order to prevent one voice from dominate political discussions and prevent other viewpoints from reaching the public's attention.

Cressman describes the purpose of limits on freedom of speech "to ensure that there is a robust and balanced debate where we get to hear from all sides of an issue." [2]

Related Research Articles

Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law 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; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.

<span class="mw-page-title-main">California ballot proposition</span> Statewide referendum item in California

In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.

A publicly funded election is an election funded with money collected through income tax donations or taxes as opposed to private or corporate funded campaigns. It is a policy initially instituted after Nixon for candidates to opt into publicly funded presidential campaigns via optional donations from tax returns. It is an attempt to move toward a one voice, one vote democracy, and remove undue corporate and private entity dominance.

<span class="mw-page-title-main">Campaign finance in the United States</span> Contributions to American election campaign funds

The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen steadily at least since 1990. For example, a candidate who won an election to the House of Representatives in 1990 spent on average $407,600, while the winner in 2022 spent on average $2.79 million; in the Senate, average spending for winning candidates went from $3.87 million to $26.53 million.

Howard S. Rich, also known as Howie Rich is a real estate investor who is notable for funding libertarian-oriented political initiatives such as term limits, school choice, parental rights regarding education, limited government and property rights. He has published essays advocating these positions. He established advocacy organizations such as Americans for Limited Government and U.S. Term Limits. He is the former chairman of the Legislative Education Action Drive and the Parents in Charge Foundation. Rich has been described as one of the "lower-profile moneymen in American politics" but as a prominent "force in elections across the country." Rich focuses his advocacy mostly on local issues like term limits, not on national campaigns, and doesn't see himself as leaning right or left. He is an effective advocate; National Public Radio identified Rich as a leader behind the independent groups with potential to influence elections.

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

<span class="mw-page-title-main">2008 California Proposition 3</span> Californian law

Proposition 3, the Children's Hospital Bond Act of 2008, is a law that was enacted by California voters by means of the initiative process. It is a bond issue that authorizes $980 million in bonds, to be repaid from state's General Fund, to fund the construction, expansion, remodeling, renovation, furnishing and equipping of children's hospitals. The annual payment on the debt authorized by the initiative is approximately $64 million a year. Altogether, the measure would cost about $1.9 billion over 30 years out of California's general fund.

<span class="mw-page-title-main">2008 California Proposition 5</span> 2008 California ballot proposition

California Proposition 5, or the Nonviolent Offender Rehabilitation Act was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year.

<span class="mw-page-title-main">2008 California Proposition 11</span> Ballot measure in California

Proposition 11 of 2008 was a law enacted by California voters that placed the power to draw electoral boundaries for State Assembly and State Senate districts in a Citizens Redistricting Commission, as opposed to the State Legislature. To do this the Act amended both the Constitution of California and the Government Code. The law was proposed by means of the initiative process and was put to voters as part of the November 4, 2008 state elections. In 2010, voters passed Proposition 20 which extended the Citizen Redistricting Commission's power to draw electoral boundaries to include U.S. House seats as well.

Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing ; and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.

<span class="mw-page-title-main">2010 California Proposition 20</span> Approved Congressional Redistricting Initiative

A California Congressional Redistricting Initiative, Proposition 20 was on the November 2, 2010 ballot in California. It was approved by 61.2% of voters. Election officials announced on May 5 that the proposition had collected sufficient signatures to qualify for the ballot. The measure is known by its supporters as the VOTERS FIRST Act for Congress.

<span class="mw-page-title-main">2010 California Proposition 27</span> Ballot measure in California

Proposition 27 was an unsuccessful ballot proposition on the November 2, 2010 ballot in California, placed there by the initiative process. If approved, this measure would have repealed California Proposition 11 (2008), which authorized the creation of the California Citizens Redistricting Commission to draw the electoral boundaries for State Assembly and State Senate districts. It would also have modified the provision in California law that says that proposed congressional districts can not be subjected to a veto referendum.

<span class="mw-page-title-main">November 2012 California elections</span>

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

<span class="mw-page-title-main">American Anti-Corruption Act</span> American model legislation

The American Anti-Corruption Act (AACA), sometimes shortened to Anti-Corruption Act, is a piece of model legislation designed to limit the influence of money in American politics by overhauling lobbying, transparency, and campaign finance laws. It was crafted in 2011 "by former Federal Election Commission chairman Trevor Potter in consultation with dozens of strategists, democracy reform leaders and constitutional attorneys from across the political spectrum," and is supported by reform organizations such as Represent.Us, which advocate for the passage of local, state, and federal laws modeled after the AACA. It is designed to limit or outlaw practices perceived to be major contributors to political corruption.

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.

<span class="mw-page-title-main">2016 California Proposition 59</span> California ballot proposition

California Proposition 59 is a non-binding advisory question that appeared on the 2016 California November general election ballot. It asked voters if they wanted California to work towards overturning the Citizens United U.S. Supreme Court ruling.

A democracy voucher is a method of public financing of political campaigns used in municipal elections in Seattle, Washington, United States. It was approved in 2015 and debuted during the 2017 election cycle. The program provides city residents with four vouchers, each worth $25, that can be pledged to eligible candidates running for municipal offices. It is funded by a property tax and is applied on a first-come, first-served basis.

<span class="mw-page-title-main">American Promise (organization)</span>

American Promise is a national, non-profit, non-partisan, grassroots organization that advocates for a 28th Amendment to the United States Constitution that would allow the U.S. Congress and states to set reasonable limits on campaign spending in U.S. Elections. Founded in 2016 by Jeff Clements, the former assistant attorney general of Massachusetts, and author of Corporations Are Not People: Reclaiming Democracy From Big Money and Global Corporations, American Promise advocates for campaign finance reform in the United States.

References

  1. "Voter Information for Derek Cressman. June 3, 2014 Election". Vote Smart. Retrieved 2016-02-26.
  2. 1 2 3 Light, John (January 12, 2016). "Why Victory in the Fight Against Big Money Is Closer Than You Think". Moyers & Company. Retrieved 26 February 2016.
  3. "Derek Cressman Crusades Against the Koch Brothers in California". The Progressive. May 25, 2014. Retrieved 26 February 2016.
  4. Berthelsen, Christian (24 March 2005). "SACRAMENTO / Judge hands governor donations victory / Ruling frees up ballot measure committee to raise unlimited funds". SF Gate. Retrieved 26 February 2016.
  5. Harmon, Steven (25 October 2012). "California's campaign finance watchdog agency demands names of donors to shadowy Arizona group". San Jose Mercury News. Retrieved 26 February 2016.
  6. Rosenfeld, Steven (25 October 2013). "How One Guy Stood Up to the Koch Brothers and Won!". AlterNet. Retrieved 26 February 2016.
  7. "Secretary of State candidates make their case in early L.A. forum". LA Times. 3 March 2014. Retrieved 26 February 2016.
  8. "Derek Cressman". Ballotpedia. Retrieved 26 February 2016.
  9. 1 2 Nichols, John (5 January 2016). "California Could Sound the Loudest Call Yet for Overturning 'Citizens United'". The Nation. Retrieved 2 November 2022.
  10. Mintz, Howard (4 January 2016). "California Supreme Court backs advisory ballot measures". San Jose Mercury News. Retrieved 26 February 2016.
  11. Isquith, Elias (12 January 2016). "Koch brothers and other oligarchs beware: Campaign finance reformer says your days are numbered". Salon. Retrieved 26 February 2016.