Part
1: Voter-Owned
Elections Programs
(VOE) for Cities and Counties
Opportunity and Design of Public Financing for Local Campaigns
Local Option Law Approved
The Washington Legislature has approved the Local Option bill
(E2SSB 5278), ending a 16-year state ban and once again allowing
local jurisdictions to create programs that offer public funds
for local political campaigns. Governor Gregoire signed the bill
into law, March 17th, 2008.
Now, cities, counties and local districts (excluding
school districts) can design and enact a local program (via ordinance).
Under the Local Option law approved by the legislature, any proposed
local program must be submitted to voters for their approval or
rejection in a local referendum (or advisory ballot) at the next
general election.
WPC Assistance in Planning / Design and Public
Education
Washington Public Campaigns can help local jurisdictions to evaluate
the opportunity presented by the new Local Option law. WPC has
information about public financing programs that exist elsewhere,
and a Voter-Owned Elections Program Design Planning Guide which
lists key design options for any local program, along with pros
and cons of various design choices. WPC can provide briefings
on proposed programs for public officials and community organizations
and groups.
Any locally-designed program requires an affirmative
vote of local voters at the next election. Many people may not
yet know of the recent approval of the Local Option law, and the
opportunities for local city or county councils or commissioners
to create a local program. Accordingly,
WPC is planning an aggressive public awareness campaign to inform
citizens that public financing for campaigns for local office
is now possible and to encourage their active participation in
program design and support for voter approval.
How would a publicly-financed Voter-Owned
Elections program work?
Local ordinance: Local jurisdictions would create a program by
ordinance, creating a local public fund, specifying the funding
source, program parameters, and an oversight authority to administer
the program.
Optional for candidates: Public funding for campaigns
is always optional for candidates. They may still raise funds
privately and run a campaign the traditional way, without the
benefits or restrictions of a publicly-funded campaign program.
Qualifying signatures/contributions: Candidates
who wish to run using public funds through the VOE program file
an intent to do so, and then must qualify by collecting a set
number of signatures from voters in their district along with
a specified-amount contribution from each signer - e.g. $5 or
$10, specified exactly in the enacting ordinance.
Seed money during the qualifying period: Candidates
are generally allowed to use limited personal funds and private
contributions up to a set amount as seed money during the qualifying
period to collect the necessary signatures and qualifying contributions.
When the minimum numbers of signatures are met, each with the
required qualifying contribution, they are turned in for validation
by the designated city or county authority.
Campaign public funds allotment: Once signatures
and qualifying contributions are validated, the publicly-financed
candidate receives a check in an amount determined by the enabling
ordinance, fully funding their primary campaign. In exchange for
public funds provided, the candidate agrees to run his/her campaign
only on these funds (except for matching funds, described below),
accepting no private contributions and using no more of their
personal funds.
In this manner, overall campaign expenditures
are capped. Publicly-funded candidates also agree to other provisions
and requirements of the VOE program, such as reporting requirements,
appropriate restrictions on how campaign funds can be used, and
perhaps requirements to participate in public debates and other
similar provisions.
Candidates who survive the primary receive a
second allotment of funds for their general election campaign.
Once again, matching funds (described below) are available and
disbursed to keep the financial playing field level with any privately-funded
candidates or to match third-party ads favoring an opponent.
Matching funds: If a candidate is outspent by
a privately-funded opponent, they receive matching funds - sometimes
nicknamed "fair fight" or "rescue" funds -
to keep the financial playing field level. These matching funds
can also be triggered by third-party electioneering expenditures
(from PACs or 527 organizations, so-called "Swift Boat"
ads or activities). Matching funds are generally capped at two-to-three
times the initial base allotment of campaign funding to keep the
whole VOE program affordable. Candidates who finance their campaigns
privately are still required to report contributions and anticipated
expenditures as they approach the "trigger point" so
that matching funds can be released quickly to publicly-funded
candidates.
Matching funds serve two purposes. Up to a capped
amount, they allow a publicly-funded candidate to keep up with
excessive expenditures by an opponent and to respond to third-party
electioneering expenditures. Secondly, they discourage excessive
campaign spending overall, because every excess dollar raised
and spent by an opponent also provides a dollar to the publicly-funded
candidate. Data from around the country shows that this has restrained
campaign spending in states with public financing programs.
Creating a Local Voter-Owned Elections Program
The likely sequence to establish a local public financing program
is as follows:
1. Design the program,
deciding features as listed in the VOE Program Design Planning
Guide.
2. Draft an ordinance, writing decisions into language appropriate
for a legal ordinance.
3. Conduct public hearings as appropriate, to gather comment
on proposed program design.
4. Enact an ordinance, placing it on the next election ballot
for voter approval or rejection.
5. Receive voter approval (or rejection) via ballot referendum.
If the program is approved,
6. Set up the program, with budget appropriations, rule-making
and administrative preparation.
7. Advertise and launch the program, with appropriate notice
to candidates and the public.
Washington Public Campaigns has compiled policy
guidelines and recommendations for the
design of a Voter-Owned Elections program, and is available for
briefings, consulting and
design assistance to officials and local jurisdictions, to help
design and create local programs.
