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May 1, 2007

To:   Senate Committee on Campaign Finance Reform, Rural Issues and Information Technology
Re:   Senate Bill 77 and Senate Bill 171

Our democracy requires that all voices be heard. Access to money should not determine whose voice is stronger, especially and foremost in campaigns for elected officials.  We believe SB 77 and SB 171 provide needed reforms by regulating all of the players involved (candidate campaigns and independent spenders) and providing for public financing of Wisconsin Supreme Court elections.  In the long run, we believe it is important to have substantial public financing for all offices, but for now the Supreme Court races are a good place to start.  People need to have confidence that those holding the highest office in our justice system are free from outside special interest influence.

It is clear that “issue ads” influence elections, and we have no doubt that their sponsors are purposeful and intentional in their expenditures on these communications.  Because the ads are costly, they are more accessible to moneyed interests. These messages should not be silenced, but they should be subject to the regulations imposed on other campaign-related communications, as provided by SB 77.

Senate Bill 77 imposes registration and reporting requirements on any individual or organization that, within 60 days of an election, makes any communication using the media which includes a reference to a candidate, a state office to be filled, or a political party. The bill requires reporting of any spending related to the communication, and this counts toward contribution and spending limits.  The bill exempts communications made by corporations, cooperatives, or nonpolitical voluntary associations to their own constituents.

Senate Bill 171 provides public financing of Wisconsin Supreme Court elections.  Under the bill, a candidate may qualify for public financing by receiving qualifying small contributions as evidence of public support. The bill bans private contributions and personal funding of a campaign once a candidate has accepted a public grant. 

We are happy to see that SB 171 provides for adequate public financing of campaigns, which can be counted on by candidates, not only by increasing the individual Wisconsin income tax check-off for the election campaign fund to $3 but also by providing for additional general purpose revenues to cover any shortfall.

We believe there should be adequate public financing for eligible candidates to run their campaigns, and we appreciate the fact that SB 171 includes a biennial cost of living adjustment. It is good that this bill reduces the cumulative campaign contribution limits to $1,000 for either an individual or a committee.  In addition, the bill has provisions to protect a publicly funded candidate whose opponent makes excessive expenditures, or who is targeted by excessive independent expenditures. Together these measures will discourage the kind of spending spiral we have seen in recent Supreme Court elections and even the playing field for candidates. 

One concern we have with SB 171 is that it does not deal with issue ads.  Without regulation of issue ads, campaign spending and contributions will simply be shifted to this medium, rather than reduced.  Therefore, we urge you to support both SB 77 and SB 171 together.  Thank you.