David Wu: Let's take Oregon's $50 political tax credit national

Kari Chisholm FacebookTwitterWebsite

Writing in the Wall Street Journal, Congressman David Wu argues that Oregon's $50 political tax credit should go national -- as a way of combating the Supreme Court's absurd decision to open the floodgates to independent expenditures by corporations (including foreign corporations.)

We need to embrace a market solution to this problem. The answer to the disproportionate influence of big money is to give ordinary citizens the financial capacity to compete effectively in the political marketplace.

The place to begin is with a tax cut. Each American should get a refundable federal tax credit of $50 that they can use to make contributions to federal candidates during presidential years, and a suitably smaller sum during off-year federal elections.

Each American should be allowed to claim a $50 refundable tax credit when filing an income tax return. Oregon and other states already do this. It's time to bring this plan to the rest of the nation.

Going beyond the basic refundable tax credit, Congressman Wu - and his co-author, Yale Law professor Bruce Ackerman - argue for some sort of convenient refund mechanism that would be even faster.

Modern technology provides opportunities for enhanced convenience and access. Donations to campaigns could be made electronically, with the money automatically refunded to each citizen's credit card or bank account. Call these electronic transfers "democracy dollars."

Would such a proposal be constitutional? Of course. It's a no-brainer, constitutionally:

Our proposal simply doesn't raise the classic First Amendment objection that the justices have used to strike down traditional campaign reform. The court's problem with statutes like McCain-Feingold is that they restrict the flow of private and corporate money. Since less money means less speech, the majority looks upon such limitations with skepticism.

Democracy dollars, by contrast, promise more speech and therefore more political competition. Our initiative enhances First Amendment values by encouraging more citizen participation. It reinforces the marketplace of ideas with a marketplace of small donations.

So, what's the status of legislation?

There is already legislation pending in Congress—H.R. 726, the Citizen Involvement in Campaigns Act—proposing a refundable tax credit. But it must be improved to allow the federal government to work with banks and credit card companies to create the electronic infrastructure needed for a user-friendly and fraud-proof system.

This is a great idea. We should expand the Oregon political tax credit - and take it national, too.

One suggestion from me: Rather than some complex electronic system, I'd suggest a simple $50 voucher that can't be spent - other than to be donated to a campaign, who would then exchange it for actual money.

Send all those vouchers out in the last week of August - and make Labor Day weekend the biggest door-to-door organizing and fundraising operation in the history of democracy.

  • George Anonymuncule Seldes (unverified)
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    While I like the proposed improvement on the base idea (unspendable vouchers that campaigns can redeem for cash) we should first question the Wublather of "We need to embrace a market solution to this problem."

    A constant rhetorical obsequiousness to "markets" and the resulting impoverishment of thought is one of the biggest problems we face today. "The Marketplace of Ideas" is a metaphor becoming a monstrous reality, where ideas devoid of intellectual substance crowd out important ideas just like ads for Coke and Pepsi crowd out any mention of real food -- and with similar results.

    It's a category error. Elections are very much NOT supposed to be markets. Wu, suddenly awakening from his comatose slumber all these years, seizes on an idea that's been around a long time (it's in Bill Greider's book "Who Will Tell the People?" for example) but then has to apply that special touch, bowing to "markets," that tells you he hasn't got the first idea about any of this, he just hopes it gets as much press as his divorce.

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    Step #1 is to preserve Oregon's $50 tax credit, which is scheduled to sunset in 2014. I expect that there will be a significant push from some rather misguided public financing advocates to eliminate the tax credit.

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    One point worth mentioning: Democracy Dollars, the $50 voucher idea, is Joe Smith's idea. He's been talking about it for years and deserves some credit for it.

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    The voucher idea sounded great at first, but then here's the problem I came across with it. If I was a company looking to make a political donation, I would offer people $25 cash per voucher. It's a great deal for everyone, the citizens with the vouchers get $25 for themselves that they wouldn't have got anyway, and then corporations can give X dollars to a political campaign but only actually spend half of that amount. And given the Supreme Court/Congress today, you know that practice would be upheld. Anybody who would already make a political donation could do the exact same thing and save money. So that practice would have to be outlawed when the program was created, and you'd still need a fair amount of oversight to ensure there wasn't "voucher fraud". Whether that would still be a cheaper and more efficient system than policing the tax credit system, I honestly don't know.

  • Fair and Balanced (unverified)
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    Kari, why do you think the tax credit is a better idea than public campaign financing? Do you know how the credit is distributed among income classes? If it's anything like other credits, wealthy people reap a far greater percentage of the money than working people.

    Why not instead create a teeny tiny flat tax on incomes over say $30,000 and divide the proceeds equally among candidates according to the votes for their respective offices in the last election?

    We need to avoid the trap of creating credits that feel and sound good (Oregon Cultural Trust being another example), but wind up putting money primarily into the pockets of rich people.

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    Kari, why do you think the tax credit is a better idea than public campaign financing?

    Yowzah! Did I say that? No, I don't think I did.

    In fact, that's why I prefer the voucher system to the tax credit. The voucher means everyone gets to participate, not just people who a) pay taxes, and b) itemize deductions.

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    F&B -- Also, the voucher system is a way of doing public financing that provides more money to the candidates with more public support.... rather than a system with a threshold for qualifying and then everyone gets the same amount, whether you're a superstar or a crackpot.

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    Sal, Joe Smith has been talking about it for a long time. I came up with my idea independently and then later discovered that he had a similar idea, too. I have no clue if Joe was the first - or if others have had it too. Can't remember the title, but I'm pretty sure there's a book about the concept as well.

    I'm sure Joe would be the first to suggest that it doesn't really matter who gets the credit - as long it gets done.

  • Brodhead For Congress (unverified)
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    Campaign limits violate personal freedoms. If I want to give $100,000 to a candidate, I should be able to do this. I earned it and I should be able to do anything I want with it. The government has no place in providing a tax incentive for giving to a party. This is simply a poll to plug David Wu's sagging poll numbers and sagging political coffers. David Wu's political strategies and behavior are so predictable.

    Http://www.BrodheadForCongress.com

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    Kari - Got it. I first talked to Joe about his concept in 2003 or so, but I believe that the idea was decades old by then. But, as they say, if a thousand monkeys typed for a thousand years...

    It might be the only game left in town so far as campaign finance reform is concerned. Citizens United makes the idea of contribution limits totally meaningless, and the court has basically neutered public financing systems, including Portland's system if anyone actually cares enough to challenge its escalator clause in federal court.

  • Bob Tiernan (unverified)
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    Kari Chisholm:

    Writing in the Wall Street Journal, Congressman David Wu argues that Oregon's $50 political tax credit should go national -- as a way of combating the Supreme Court's absurd decision to open the floodgates to independent expenditures by corporations (including foreign corporations.)

    Bob T:

    Kari, so far as I know the recent decision (an excellent one, by the way) did NOT address the foreign corporate contributions, although you may be referring to ads they may pay for that do not name candidates, either for a against. The law that bars such contributions to candidates remains in place.

    Bob Tiernan Portland

  • Ron Morgan (unverified)
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    "Campaign limits violate personal freedoms."

    So do a slew of bribery and ethics laws. If I want to buy my pal Duke Cunningham a million dollar beach shack, why shouldn't I? It's my money, I earned it...

  • matt (unverified)
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    I love the tax credit...I can donate to Oregon Right to Life and the State gets $50 less from me in taxes!

  • Abby NORML (unverified)
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    All David Wu wants is his dinky cocktail weenie peenie up your butt. Matt looks hot to trot!

  • Grant Schott (unverified)
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    In his book Making Government Work, Hollings argues that the only way to enact real campaign finance reform would be to repeal the 1976 Buckley vs. Valeo, which equates money as speech. Although that ruling allowed the fundraising limits of the 1974 campaign Finance Act to endure, spending limits were struck down. Overturning it would require a constitutional amendment.

    Hollings argues that the system since then has required candidates to spend much more time fundraising, and less time legislating and socializing to build relationships with colleagues. He even goes so far as to arguing that fundraising prowess by members , and their generosity to their same party colleagues in need is now the main avenue to committee advancement, not seniority and ability.

    The 1974 $1,000 limit, indexed for inflation, would be over $4,000 today. It wasn't raised to $2,000 until McCain-Feingold in 2003 and indexed since then to $2,300 (double that when counting primary and general). Although that sounds like a lot, it takes a lot of $2,300 and under donations (the 1974 PAC limit of $5,000 hasn't been changed) to come up with $3 million or $4 million dollars , which would seem to be pretty much a minimum for a successful U.S. Senate race in OR. A repeal of Buckley vs. Valeo would allow a ceiling at that amount, instead of the skies the limit amounts that OR first saw under Packwood in '86 and that have become common since then.

    The presidential public finance system worked pretty well until recently and could be a model for congressional candidates. The carrot and stick approach was successful where candidates would agree to a spending limit ($50 million for the '08 primaries) in exchange for receiving matching funds from the federal government. Two provisions need to be changed to make that system viable once again. The $250 maximum for matched contributions need to be indexed for inflation, and the spending limits need to be seriously raised, or removed.

    Nearly all candidates except for self funders like Perot and Forbes worked within that old system, until Bush bypassed it in '00 and '04 and showed that he could raise over $100 million during the primaries, far surpassing the spending limits. Dean's fundraising surge in '03 caused him to decline matching funds, and Kerry took a big gamble in following him, a gamble that paid off. Obama and Hillary never had any intention of going the old route, and they proved that they could exceed Republicans at fundraising, each of their campaigns raising $100 million before Iowa. There is a word to describe candidates who now accept matching funds: LOSER.

    Regarding the OR political tax credit, most OR candidates and PACS try to use it as a fundraising tool, but I question its impact. I remember the figure ten years ago that less 5% of OR tax filers use it, and I think most of us give what we give regardless of the credit. Some would disagree, like Sal Peratta, who has argued that a lot of his donors would not have given otherwise.

    I think congress should consider Congressman Wu's proposal. However, all the $50 donations in the world will be a drop in the bucket under the current system, let alone the new mess that the court has just created. Congress needs to correct it soon.

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    Grant - Thanks for the thoughtful analysis. Of course, the problem of campaign finance has gotten significantly worse in the last week with the Citizen's United decision.

    Although Buckley struck down limits on both campaign expenditures and individual independent expenditures, it upheld restrictions on direct corporate and labor contributions to campaigns and on independent expenditures by corporations and unions, and left open the possibility of limiting independent expenditures at a higher limit than the ones that were considered in Buckley.

    The Citizens United decision struck down independent expenditure limits on corporations, thereby opening our campaigns to direct contributions from corporate treasuries.

    In light of Citizens United, progressives would do well to remember that the total combined assets of ALL labor unions currently operating in the United States is estimated to be around $9-$11 billion. By comparison, Wal-Mart holds approximately $163 billion in assets. General Electric holds approximately $795 billion in total assets. Bank of America holds $2.72 TRILLION in total assets, etc.

    Another point worth mentioning is that the James Bopp who pushed for the litmus test on Republican candidates mentioned in another thread is the same James Bopp who is the attorney who initially brought Citizens United forward.

    As to the matter of the tax credit...

    It is impossible to prove that campaign spending would be different in the absence of the $50 tax credit. However, it is one of the few campaign finance rules that we have that levels the playing field between large numbers of citizens and the wealthy few, and I would not be quick to exchange it for the promise of public financing of any kind given that:

    1. Public financing is very unpopular with the general public; and
    2. There is NO guarantee that we would get anything in exchange for giving up the tax credit; and
    3. The Roberts court and various lower courts have struck down important provisions of state-level public financing systems that are intended to keep those systems from being overwhelmed with money.

    The phrase "A bird in the hand..." comes to mind here...

    If anyone has any bright ideas, I'll be glad to chip in but I believe that we should operate from the principle, "First, do no harm."

    • Sal
  • Ron Morgan (unverified)
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    "...so far as I know the recent decision (an excellent one, by the way) did NOT address the foreign corporate contributions..."

    I find it interesting that we act as though corporations have national identities or act as though they are citizens of the nation in which they may have been incorporated. As capital has become globalized in ways that were unimaginable few decades ago, the charade that corporations have more than a passing interest in the locales in which they may have been created or in which they maintain paper "citizenship" is laughable.

    An example of this is Murdoch and News Corp., which brays Tea Party agitprop in the US while he maintains a lick-spittle deferential relationship to China in his Asian markets. Is News Corp an "American" corporation? Why?

    An exception to this may be China itself, in which state and corporate interests are married into a hybrid, but it's an anomaly.

  • Zarathustra (unverified)
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    You can make the same case for governments, more and more, Ron.

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    Good thinking, Dave, except that the Democrats in the Oregon Legislature last year repealed the political tax credit, effective in 2014.

    <h2>I believe I was the only person who testified against doing that.</h2>

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