Gov. Andrew Cuomo on Wednesday announced a proposal intended to stem the flow of outside political money, a problem that he said allows supposedly independent groups to hijack elections by circumventing campaign finance restrictions.
Legislation announced by the Democratic governor would strengthen rules prohibiting independent groups from working with campaigns to elect specific candidates. It also would require greater disclosure of spending by independent groups.
The measure was prompted by the U.S. Supreme Court’s Citizens United ruling, which said the First Amendment prohibits restrictions on independent political spending, which critics say allows wealthy donors, organizations or even candidates themselves to use independent groups to avoid campaign finance limits.
“Citizens United actually decimates the right to free speech by allowing it to be eclipsed by paid speech,” Cuomo said Wednesday during an appearance at Fordham University School of Law to announce his plan. “… Citizens United birthed an industry of shadow political corporations. Spending by outside groups, those who operate independently of political candidates, has exploded.”
Cuomo also released a legal opinion from his top counsel that seeks to clarify ambiguities in current rules prohibiting coordination. The opinion, meant to advise prosecutors or groups like the state Board of Elections, lays out several indications of improper cooperation between a candidate and an independent group. They include sharing major donors or office space, or family members or former staffers of the candidate who lead the independent organization.
The legislation comes just days before lawmakers plan to adjourn their 2016 session. It remains to be seen whether it will fare any better than Cuomo proposals to limit the outside income of lawmakers or to close a loophole allowing limited liability companies to circumvent campaign finance limits.
(AP)