VOE: How not to get Boyled

T.A. Barnhart

Living in Corvallis and not Portland (although I have spent much of my life there), I've been watching the progress of voter-owned elections eagerly.  VOE appears to be a legitimate means of reducing the influence of money in elections and lawmaking.  And since the Supreme Court has ruled that money equals speech, a voluntary system that denies no one's free speech rights while placing political pressure on candidates to comply voluntarily with the restrictions seems to be a damn good idea.  I have a lot more careful research to do, but it appears to be working well in a number of places around the country.  Just as vote-by-mail has given Oregon high turnouts and cheap, reliable papertrails, VOE seems to have reduced the opportunity for lobbyists, special interest groups and well-funded candidates to buy votes.

And then came Emily Boyles.  VOE has been Boyled, but I think it will survive.  I listened to her responses to an interview from the "Candidates Gone Wild" Committee, which has rescinded its invitation for her to participate in the May 1st debate.  I heard her blame the "system" and Erik Sten, in part saying because he's been around longer than anyone else in City government, he's at fault for how flawed VOE is.  Of course, it's never been used before, but still he should have known better, being he is the incumbent.  Also, he's at fault for having a "big picture" perspective – you know, the democracy thing – but an inability to see all the problems in VOE.  Most pieces of legislation are flawless, of course; only those Sten backs have problems.  In other words, as many others have noted, not all of whom back VOE, Boyles is blaming everyone but herself.  She says she takes responsibility, but she seems unable to point out what it is she is actually responsible for.  Nonetheless, voters should "absolutely" vote for her, even if she broke the law.  Why?  Because it's Sten's fault for coming up with such an untenable system.  Erik just made it too damn hard for her to obey the law.

One of the great strengths of VOE, in my mind, is that it not only removes dirty money from the equation; it tests a candidate's viability.  Monday night, Sam Sappington held his kickoff event for his campaign to win the HD 15 seat a succession of Republicans have been keep warm for us.  It was fun and pretty successful.  We pulled it off in a short time, and we were professional, presenting not only a competent campaign but an energetic one.  We learned a number of things, which is good early on.  We raised some good money, and we cleared the hall right at the deadline!  Sam has proven he is a viable candidate by fulfilling the law's requirements, by gathering a good committee, by raising money and by doing the many other things necessary to defeat a mediocre incumbent who will be balancing his role as Minnis' minion by spending lots of money and depending on a church that is willing to transcend IRS rules about church and state.

Boyles proved her campaign is not viable, and we have VOE to thank for that.  She could not get 1,000 people to donate, and be accountable for, five measly bucks.  (Interesting, and of historic note: in talking about the fearfulness of Eastern European immigrants to trust those who asked about their names on donation lists, Boyles also appears to be blaming Josef Stalin and the Soviet Communist Party; this must be a first for a Portland election since 1968.)

If I was going to run for City Council under VOE, I would welcome this challenge.  Can I get 10, 15, 20 supporters willing to help me?  Can we each get 50 to 100 of these donations, and can we get people to fill out the donation forms correctly?  Can we do it within the time limits?  If I can do this, then I know I can run a legitimate campaign.  If I cannot, I have two choices: go home and watch my collection of Xena videos; or start running up the credit card debt (while calling my friendly neighborhood lobbyist).  Pass the VOE test and you are a legit candidate.  This is why Sara Gelser did not simply pay the fee to run for HD 16; she collected signatures.  She can say truthfully she has the support of people in her district because she asked for, and received, public affirmation from the voters.  Emily Boyles failed to do this, and we need to be glad:  If her first major problem stems from an inability to work competently within a flawed system (and sweet mercy what is democracy if not a flawed system) and an overwhelming proclivity to blame others, then despite her claims to the contrary, she is not a "viable threat" to Sten.  She's an incompetent wannabee whose only public service in this campaign is to help us improve VOE.  Her loss is democracy's win.

  • Norm! (unverified)
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    I like the values behind and want VOE to work, but the Boyles scandal could be a fatal blow to Portland VOE's maiden outing. What's obvious is that Sten's VOE program was written too idealistically and relied too much on the honor system.

    The reality is that the VOE offers a jackpot to anyone who can work the system. My suggestion, instead of offering a jackpot payout, VOE should offer matching funds. If a candidate really is credible, then they should be able to find voters willing contribute to their growing campaigns. Let voters vet candidates through their checkbooks/debit cards.

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    Norm, who's been able to work the system so far? One person's been denied on a technical error, and one is under investigation and likely to be forced to return the money. Working the system would be doing things that the law allows you to do--Boyles has done things the system DOESN'T allow you to do.

    Matching funds defeats the purpose entirely, IMO. All you're doing is encouraging candidates to raise MORE private money, and then just throwing public money after it for no particular reason. The clean candidate program is designed to offer money, but with strings. And those strings mandate candidates run a clean campaign. Do the strings need to be tightened? Some of them, yes.

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    the problem with that, Harvey, is the original problem: deep pockets. some folks got lots of jack, and others ain't got jack. Minnis' corporate backers will have shitloads more to get matched. it has to be limited, but it has to be done within the (imebecilic) restrictions from the Court.

  • Ramon (unverified)
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    This comment is not paid for by Go Sten Go Committee.

    The Sten-Blackmer virus is on the loose and is now in full bloom, overwhelming the remaining critics. There is no inoculation because the virus spontaneously mutates in response to negativity. And since it is vertically and horizontally transmissable, everyone who spends time or money in Portland will become a host to the Sten-Blackmer pathogen. But don't worry. Only about 1 in 4 are symptomatic. The rest of us are merely carriers.

  • Norm! (unverified)
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    torridjoe: "Norm, who's been able to work the system so far? ...one is under investigation and likely to be forced to return the money. ..."

    Since the Boyles' "campaign" admits that she is in debt and may not be able to return taxpayers' money, then, yes, I would call that working the system. If Boyles cannot return the money (and the legal/collection fees), how do we (taxpayers) get back our money? Is Sten and the council going to pay us back? Afterall, we (voters) never authorized our money to go to Boyles.

    "... All you're doing is encouraging candidates to raise MORE private money, and then just throwing public money after it for no particular reason. The clean candidate program is designed to offer money, but with strings. ...

    The VOE program is not intended to eliminate private money from campaigns. Afterall, it requires candidates to collect private money to qualify. Rather, VOE is intended to provide an alternative to BIG private money. If your concerned about big money have too much influence in a matching funds program, then cap the matching funds to $25 individual contributions like Mayor Potter did in his winning campaign.

    $150K is an awfully attractive jackpot and the City is not capable of screening those who are interesting in setting-up losing "campaigns" funded by taxpayers. Boyles is probably only the first candidate who will try to find loopholes in the VOE program in this and future elections. Instead of setting-up a jackpot system, VOE should require candidates to prove their legitimate expenses before receiving taxpayer money.

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    Norm-- Boyles can return the money. She's only spent half, and there's surely no problem with the City placing a lien on her for the rest, as necessary. (I do recommend some kind of surety bond to be posted by prospective candidates for future elections, however). She can't be working the system if she's going to lose badly and be on the hook for the money. That's not exactly a good outcome for her.

    We DID authorize our money to go to Boyles, those who are Portland residents. That's how representative governance works. You elect people, in order to spend your money.

    Calling $5,000 (which then comes out of your public allocation) "private money" is a little absurd. You couldn't run a viable Council campaign for more than a month on that money--if that. In any case, clean candidate financing isn't designed to eliminate private money--just the INFLUENCE of private money. But beyond where the money comes from, I'm concerned about what they DO with the money. And you only get that with clean candidate financing.

    On what planet do you live, where candidates don't try to find loopholes? Was Boyles able to find any? Doesn't look like it. And I'm confused what you mean about Council not being able to screen "loser" candidates. Isn't that what the Auditor is doing right now--screening candidates for how they use public money? And how can they require candidates to prove expenses, when they can't MAKE the expenses without the money in the first place?

  • no one in particular (unverified)
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    Is Sten and the council going to pay us back? Afterall, we (voters) never authorized our money to go to Boyles.

    It's called representative democracy, dude. People voted for it indirectly by electing our city council. Sorry you don't get to vote on every fucking decision city council makes.

  • John Mulvey (unverified)
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    The comments about this "jackpot" all seem to assume that the qualifying candidates are just putting this huge wad of cash into their pockets and walking away. They do have to spend the money on their campaign, and they do have to submit verification of this fact.

    The other piece of blowhard BS that's getting really frustrating here is the constant dittohead drumbeat against Erik Sten by people who don't know their facts and often don't even live in Portland. Now you're trying to add Gary Blackmer to your enemies list. Geez, get a grip! If Gary Blackmer --a smart, dedicated and nonpartisan public servant --is the worst example of corruption you can find, you guys are really getting desperate.

    Maybe you guys need to go start a Hillary-haters blog somewhere and leave public policy to people whose brains haven't turned to sponge.

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    Yo Ramon, the virus is spreading.

  • Norm! (unverified)
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    Torridjoe: "Boyles can return the money. She's only spent half, and there's surely no problem with the City placing a lien on her for the rest, as necessary. (I do recommend some kind of surety bond to be posted by prospective candidates for future elections, however). She can't be working the system if she's going to lose badly and be on the hook for the money. That's not exactly a good outcome for her. ..."

    I'm not familiar with Boyles' finances. I don't know if her or her campaign have assets available to lien. Certainly, she has worked the system to obtain taxpayer cash and even blames VOE for making it easy for her to do so. If she is unable to return the money, then the City and taxpayers will only be another set of lenders with worthless IOUs.

    Requiring a VOE-financed candidate to have assets or an insurer seems to contradict the purpose of making elections accessible to more candidates.

    torridjoe: "...clean candidate financing isn't designed to eliminate private money--just the INFLUENCE of private money. But beyond where the money comes from, I'm concerned about what they DO with the money. And you only get that with clean candidate financing."

    $150K seems like alot of money for taxpayers to risk in order to obtain supposedly "clean" candidates.

    My main point is that VOE should be tweaked to reduce the risk that the City will be in the situation of having to reclaim $150K. Instead of asking VOE-financed candidates how they spent the $150 jackpot, why not turn the fund into a reimbursement system in which candidates prove their expenses are legitimate (receipts, vendor W-9s, etc.) before giving-out taxpayer money? A reimbursement system wouldn't be perfect, but it would give the City more time to investigate expenses --- like it hopefully does for any other expense contract.

  • Cheryl Ellis (unverified)
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    On VOE the Candidates need to give out receipt for the five dollars, and have a place on the form that collect the signatures a place for the candidate to personely sign their ititals or they signature so that they have seen the signatures and can say I DID NOT KNOW. & at the city level two people at a time look it over with a third person reviewing it. We have people who are on the VOE committee who can work with city people to help them in this so it will not slow not the progress. Also a video should go along with it so THERE is NO MIS-Understanding of the rules (or the canidate can NOT BLAME their opponent for them not following the rules , which means they have BROKEN THE LAW

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    Norm-- She has to have some form of income, or she'd be dead. We're talking about a very small amount of money, not even $100,000. That's .004% of the City budget, barely even worth recovering except for the example set. I really don't know what you mean by "working the system;" she's worked nothing if she goes into debt to the City.

    We have a difference of opinion, I guess. I think $150K is an amazingly cheap price to guarantee that our candidates are clean. Knowing that Amanda Fritz is 100% above board in her campaigning, beholden to no one in particular and scrupulous in her expenditures, is golden information at the ballot box, IMO. That knowledge is worth potentially 10s or even 100s of millions of dollars in patronage money NOT being allocated by Fritz once she's on Council.

    A reimbursement system makes no sense at all. Candidates don't necessarily have the money in the first place to spend! And creating a reimbursement bureaucracy seems like madness to me. The City's got plenty of time to audit finances; they're doing it right now with no trouble.

  • Steve (unverified)
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    "I really don't know what you mean by "working the system;" she's worked nothing if she goes into debt to the City."

    OK< I have another example. What if Homer says he wants to set up a committee "independent" of Erik and spend $100K of his own money to put signs in every yard in Laurelhurst for Erik which are from the "Homer Loves Erik" committe.

    He then does not hesitate to remind Erik over lunch that he did all of this work for him and to think about it during the next tram vote. Is that allowed while Erik takes his hard-earned $150K?

    I still think VoE has too many loopholes in it.

  • askquestions1st (unverified)
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    Just as vote-by-mail has given Oregon high turnouts and cheap, reliable papertrails

    Actually, as Gronke and others have pointed out, VBM has not significantly increased turnout.

    And this particular paper trail is somewhat illusory --- you can't prove the person who actually cast the ballot is the one who signed the envelope.

    Just correcting the record.

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    What if Homer says he wants to set up a committee "independent" of Erik and spend $100K of his own money to put signs in every yard in Laurelhurst for Erik which are from the "Homer Loves Erik" committe.

    He can do that. He can also give Eric $100.00 in "seed money" to help him leverage that into, well, a whole lotta' public money. In fact, that's just what he did.

    I like Eric more than Ginnie, and can't shake that picture of Lister standing next to Don McIntire on the front page of the Meridian. But, jeesh, when your "seed money" comes from the who's who of the development community...?

    Amanda wouldn't, didn't, take a dime of seed money. To me, that says a lot, and maybe it would serve us well to focus on what VOE can do well, instead of just focusing so much on the negative.

    Independent expenditures? I'm embarassed for Saltzman using the "Children's" money to put his name in every mailbox in Portland.

  • Norm! (unverified)
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    torridjoe: "...We're talking about a very small amount of money, not even $100,000. That's .004% of the City budget, barely even worth recovering except for the example set..."

    Wow. I hope you are never put in charge of other people's money -- especially public funds. $100K is a significant amount of money and I'm sure there are plenty of agencies and non-profits in this City who are much more deserving of these funds than questionable candidates like Boyles.

    torridjoe: "... I think $150K is an amazingly cheap price to guarantee that our candidates are clean. ..."

    As pointed out in Steve's example, no system can 'guarantee' candidates are 'clean' (whatever that means). All such systems are voluntary and only work based on the honor of the candidates. The Boyles fraud demonstrates the flaws in the current system and I wouldn't be surprised if it ultimately leads to the repeal of VOE.

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    take a deep breath and go check the Q1 Senate C&Es as reported on DailyKos. then tell me there is no good reason for VOE or anything that ends this kind of stupidity. why the fuck are we spending millions on campaigns? this is democracy? this is what Jefferson had in mind when he became a traitor to the King? what they froze their asses off for at Valley Forge? what Lincoln sacrificed so much for? the tens of millions who've died in wars believing they were preseving our nation? so that we could piss away vast piles of money convincing a minority of citizens to vote for the least offensive s.o.b. in town?

    we need a huge change in how we do politics and government, and an incompetent like Emily Boyles is no reason to give up this experiment in stemming the flow. we need real change, and VOE is that -- and for the better.

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    why the fuck are we spending millions on campaigns? this is democracy? this is what Jefferson had in mind when he became a traitor to the King?

    Jefferson would throw this system out on its ass.

    Nonetheless, it's good to see the public financing of presidential elections --how many hundreds of millions spent to date?-- has brought down the cost of running for president. And, of course, given us a president who is truly a man of the people.

    Oh...it hasn't? Nevermind.

  • Norm! (unverified)
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    t.a. barnhart: "...we need a huge change in how we do politics and government, and an incompetent like Emily Boyles is no reason to give up this experiment in stemming the flow. we need real change, and VOE is that -- and for the better."

    The Boyles fraud is sufficient reason to ask how we can improve VOE. It also brings up serious questions about forcing taxpayers to pay money to candidates. Again, unless the Council tweaks VOE to make it harder for taxpayer cash to be handed out, I can't imagine VOE will survive in its current form.

    VOE is one method of making the process more accessible. However, VOE does not really change the system of candidates raising private funds to run for office. Nor does it prevent a candidate from receiving taxpayer funds while an "independant" committee also spends private funds.

    VOE is an interesting experiment, but I don't think voters are going to be interesting in funding it if Boyles and other questionable candidates continue to receive the $150K jackpot.

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    don't be ridiculous, Frank, the so-called public financing of the president is nothing but a source of cash. it has nothing to do with fixing the problem of money in elections. the point of VOE, and why Jefferson would back it, is that it removes the Jack Abramhofs and AOIs (and the SEIUs, but there ya go) from the picture, and it caps spending by the campaigns. it will force candidates to get their messages to people in ways other than expensive media buys. it may even encourage more people to pay attention to the whole process, once it stops seeming like a big meat auction.

    VOE cannot be a stand-alone process, either; paper-trail voting (like our fabu vote-by-mail system) and other reforms are needed. the point is to make our electoral process more democratic. not less.

  • Scott (unverified)
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    As far as I can tell Boyles is a con artist using the guise of helping others to mooch off the system and she's been doing it for a while.

    Quote from today's Oregonian: "Boyles' financial history is shaky: She owes the state of Alaska more than $21,000 in student loans, although state regulators eventually declared the debt uncollectable after they could not find Boyles to demand repayment. As of last week, she owed $175 in property taxes and fines to Multnomah County."

    Quote from Apr 13 Oregonian: "In 2000, the state of Oregon involuntarily dissolved a group she formed to help disabled people and the homeless after Boyles failed to pay the state registration fee, according to the Oregon Secretary of State's office. Court records also show a $474 small claims judgment in Multnomah County court against Boyles from 1995. And Multnomah County has placed a $175 lien on her mobile home for failure to pay her 2005 property taxes.

    <snip>

    Boyles doesn't own her Southeast Portland mobile home outright, but pays a middleman who deals directly with the bank. Last week, William Thompson called Boyles' campaign manager to complain that she owed him about six months worth of payments on her trailer, totaling $1,242. He said he warned Boyles that if she didn't pay up, he would alert the media."

    It looks like she already has a lien on her property (property that she doesn't even own and is worth a lot less than the money she now owes to the City).

    If we get any of the money back, I'll be surprised.

  • Robert Ted Hinds (unverified)
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    Gotta jump back in on this one... As a former Commish #2 candidate, I had no problem understanding the rules of VOE. Boyles cheated. If there was any doubt, that vanished when she spent the money she was not supposed to receive.

    As a former auditor, I can say for certain that the control point in VOE was signature verification. Blackmer dropped the ball in such a way that he should have his CPA suspended. His sampling procedure was completely negligent of basic audit standards and calls into question all of the city's audit findings.

    Having said all that, if you really want to take money out of politics, why not just put a ceiling on campaign expenditures? That limit could be $10,000 or $15,000 or any amount that establishes relative parity. Let's say it is $20,000. A guy like me could spend and raise $4,000 to run. Let's say Ginny Burdick and Erik Sten have $20,000 each, the maximum. They have a 5:1 financing advantage. They still have the lead, but not the ability squelch all opposition from lesser financed rivals.

    VOE and sums like $150,000 or more would not change the dynamic that campaign expense limits would establish. They would just mean that the local industry that feeds off big campaign spending would have to earn money elsewhere. No big radio ads or TV ads to sell every two years. So what? If we are really after the spirit of VOE, we shouldn't be compromising democracy for industry. With the incentive for the exchange of publicity for advertising removed, you might get fair journalism coverage, too. In reality, Portland's VOE program is just pork for the local media and campaign industry.

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    Robert--you can't limit campaign expenditures in Oregon; it's against the constitution. You also make a pretty serious charge against Blackmer without backing it up in any way. My understanding is that Francois did at least a 10% review of Boyles' sheets. There is no way to do "signature verification" per se, since there is no signature database to compare the signatures on the sheet to. Could they have been more dilligent in scanning all of the signature sheets for irregularities? Perhaps so--but that's not anything like an offense that suggests revoking a CPA's license for actions performed by City elections staff. And I think you're way off base questioning ALL audit findings.

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    i think one simple change would be to distribute the funds in allotments. so when you turn in your $1,000 & are verified, you get, say $50k. you get the next $50k after 2 months, and the final $50k in mid-Sept. so at worst, a candidate can scam $50k, not a big loss to taxpayers but enough to send the crook to prison for a few years (or, if a lien is necessary) they'd not lose their house necessarily.

    remember, the overarching point is not to supply money, or reduce money, but to enhance the democratic process. money corrupts that process, so VOE needs to work to neutralize the role of money as much as possible. the beauty of voluntary standards is, not only are they constitutional, those who choose to ignore them face negative scrutiny -- as Dean & Kerry both did 2 years ago.

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    TA--remember that the 150K only covers the primary, so all of the money has to be paid out early, otherwise there's no point to asking for it. The deadline is March 30; the primary mid-May. So theoretically you could end up with only 6 weeks to spend it.

  • Norm! (unverified)
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    t.a. barnhart: "...so at worst, a candidate can scam $50k, not a big loss to taxpayers..."

    $50K may not be big money in Corvallis, but it still seems like a lot of taxpayer money to risk. In fact, $1 of taxpayer money being misspent by a candidate is too much.

    VOE candidates should have to prove they have legitimately spent the money before accessing taxpayer funds. A VOE candidate could be allowed to raise a limited amount of campaign operating cash, such as the initial $5,000 while the City approves/denies their VOE funds request.

    Better yet, have candidates use the City's purchasing system in order to pay their vendors. This would force candidates to understand the bureaucracy they propose to govern. Afterall, why should candidates be exempt from the same purchasing requirements of any City agency?

  • joe taxpayer (unverified)
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    t.a. barnhart: "...so at worst, a candidate can scam $50k, not a big loss to taxpayers..."

    Dear Mr. Barnhart,

    You sir are an idiot with idiot ideas that seem to utter forth like infinitely seeping rump vapor.

    You need to forget politics and go into comedy.

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