"I have learned that there is a price to be paid for doing the right thing.
To fight for the interest of ordinary people, a leader must always
work harder, think faster, and be more determined..."

 

THE OREGON VOTER OWNED ELECTIONS ACT, AS PROPOSED

Here are some of the basics, in the form of "frequently asked questions
about the Oregon Voter Owned Elections Act."

I'VE READ PREVIOUS DRAFTS OF THIS. WHAT IS COMING UP?

We've got a few things coming up: (Check out the "EVENTS" page for up to date schedules.)

1) Pete Sorenson spoke at the City Club of Eugene at noon on Friday, March 14, 2008 (Downtown Athletic Club, 10th and Willamette Streets, Eugene, Oregon) on VOTER OWNED ELECTIONS. He shared the podium with Gary Blackmer, auditor for the City of Portland, Oregon.

2) There was a rebroadcast of Friday's talk on KLCC radio, FM 89.7, on Monday, March 17, 2008 from 630 pm to 730 pm. 

3)  Pete Sorenson and volunteers with VOTER OWNED OREGON, including Mike Knefaty, Ruth Duemler, Gabe Jennings, Jay Romano, LLoyd Gordon and others will be holding a discussion session on Wednesday, March 19, 2008 from 4 to 6 pm at Davis Restaurant, 94 West Broadway, Eugene. This is open to the public


WHO WROTE THIS PROPOSED LAW?

The main author of this bill (a proposed law is a "bill") is Pete Sorenson. He's a Lane County Commissioner, former State Senator, former Adjunct Professor of Law at the University of Oregon and former private practice attorney in Eugene. His email is Peter.SORENSON@co.lane.or.us. He wrote it because he supports a more open and fair system of choosing Oregon's elected leaders. He's working with people around the State of Oregon to improve the fairness of the process we use to choose our elected leaders.

WHY DOES OREGON NEED THIS TYPE OF LAW?

Commercial lobbyists, special interests and big money are dominating Oregon elections. The
public is tired of elected officials doing the bidding of big money interests and not listening to the public. But there is an alternative that works for ordinary Americans. The "voter owned" system is working in States like Arizona and Maine.

 WHAT DOES THIS LAW DO?

It allows certain candidates for elective office in Oregon to receive matching funds to run for elective office. It gives an alternative to the "contributor owned" system that we have now. It makes it possible for a person with some get up and go to run. Our choices of candidates for important elective offices no long have to be the very wealthy or those doing the bidding of the special interest groups. An Oregon Voter Owned Elections Commission is set up, with five members, to administer the allocation of voter owned election funding.

 

WHY DON'T WE JUST LIMIT THE MONEY THAT CAN BE CONTRIBUTED OR SPENT?

First of all, limits on what can be spent in a political campaign are unconstitutional under the Federal constitution. This decision was made in the famous Buckley v. Valeo case. Second, limits on what can be contributed to a political campaign are unconstitutional under the Oregon constitution. Third, laws that limit campaign contributions to political campaigns are on the books of most states and those kinds of limit laws are in place in federal elections. They don't work very well. In Texas, there is a ban on corporate contributions to political campaigns. Oregon has no limits.

 

There's another reason, which is that Oregonians don't like to change their constitution very easily.

 

According to the First Amendment Center (www.firstamendmentcenter.org):

 

"Both the Republican and Democratic parties in Oregon have opposed such campaign finance limits in principle, pointing to the state's strict disclosure laws, which requires politicians to disclose donors."

 

Dave Fidanque, executive director of the Oregon American Civil Liberties Union said, "It would be very naïve of voters to buy the rhetoric that this (a proposal to limit contributions to political campaigns) will make Oregon like every other state. "Look at the other states – are their political scenes better than Oregon's? Have these kinds of restrictions cleaned up national politics? The answer is no."

Oregon voters have recently voted AGAINST major amendments to the Oregon Constitution:

Measure 50: Amends Constitution: Tobacco Tax

Measure 40: Amends Constitution: Requires Election of State Supreme Court and Court os Appeals judges to be by district

Measure 45: Amends Constitution: Imposes Limits Terms of State Legislators

Measure 46: Amends Constitution: Allows Laws Regulating Contributions, Expenditutures Adopted by Iniative or ¾ of Both Legislative Houses.

This was last proposal was defeated on November 6, 2006 by a statewide vote of 770,251 to 520,342.

The OREGON VOTER OWNED ELECTIONS ACT does not propose to amend Oregon's Constitution. It is a completely voluntary system and doesn't take rights away from any person or group.

PETE, YOU'RE ALWAYS SUPPORTING GOOD THINGS. I'M JUST WONDERING IF THIS HAS A CHANCE TO PASS?

Yes, it has an excellent chance to pass the Oregon Legislature. It's an old idea, really. In 1907 President Theodore Roosevelt, a Republican, called for public financing of federal candiates via candidates' political parties. In 1924 the national Democratic Party platform included a plank, proposed by Democratic Nominee for President William Jennings Bryan, calling for "federal candidates to be furnished with "reasonable means of publicity at public expense.". It's a great idea and it's already been passed by several other state legislatures and by the voters in Arizona. In that state, a State with two Republican United States Senators and a State which supported the Republican nominee for President in 2000 and 2004, passed it in November 1998. Since that initial success, "voter owned" legislation has passed in Maine and Connecticut.

 HOW IS THIS SYSTEM PAID FOR?

**There is a 10 per cent surcharge on all civil penalities and criminal fines;

 

**There is a voluntary $5.00 (five dollar s) check off on all Oregon income tax returns (this is a voluntary direction by an Oregon income taxpayer to redirect five dollars of taxes they already owe to the Fund);

 

**There is a voluntary tax credit on donations to the Commission up to $580 (or 20 per cent of income tax paid) per year whichever is greater; and

 

**There are civil penalities paid by persons who violate this law.

 The system is not paid for via income tax, gas tax, excise tax, corporate tax, estate tax or any other tax.

 HOW MUCH MONEY IS CURRENTLY SPENT ON ELECTIONS FOR LEGISLATURE, GOVERNOR AND SIMILARLY IMPORTANT STATE CONSTITUTIONAL OFFICES?

 Under the current system, a huge amount of money is spent on these elections, all financed by private parties. Most of the money comes from a very few large contributors - more than the average Oregonian realizes. In 2004, the contributions to all candidates for the Oregon legislature were $17.1 million. One recent state senate election in Lane County cost over one million dollars.

WHAT IF THERE ISN'T ENOUGH MONEY?

The Oregon Voter Owned Elections Commission is required by the law to make reductions, if there is insufficient funds or to increase the signature and five dollar requirements. The Commission is required to have a balanced budget.

 

HOW MUCH SUPPORT DO CANDIDATES HAVE TO SHOW BEFORE THEY QUALIFY FOR
PUBLIC FUNDS?

To qualify, candidates must may file a petition, and receive authorization to collect signatures. After they have shown that they are legally eligible to run, they may gather signatures from registered voters in their district. For example, a state representative candidate with 30,000 registered voters in their district would be required to submit 180 signatures (6 tenths of one per cent of 30,000) valid signatures. Candidates also must obtain a five dollar contribution from each of the people who sign the petition. This money must be accepted by the candiate's political committee and contributions must be reported to both the Secretary of State and to the Oregon Voter Owned Elections Fund . After the elections official certify the signatures and the report of the money are shown, the candidate is eligible for base level Oregon Voter Owned Elections funding.

 

WHAT AMOUNT OF MONEY DO CANDIDATES GET?

As a base amount, qualified voter owned legislative candidates receive about $2 .05 per registered voter. This figure is adjusted by the following formula: the amount of a first class postage stamp on the first day of December prior to any election multiplied by five. For a state representative campaign, where there are 30,000 registered voters, the candidate would receive $61,500. The formula may be adjusted by the legislature or may be adjusted downward only by the Oregon Voter Owned Elections Commission.. The Oregon Voter Owned Elections Act is intended to be a statute,  and is not a constitutional amendment.

 

WHAT IF A 'VOTER OWNED' CANDIDATE IS OUTSPENT BY A TRADITIONALLY
FINANCED CANDIDATE?

The voter owned candidate (the one qualified for public funds) receives no additional funding, beyond the base amount, if their traditionally funded opponent raises or spends no more money than the base amount. However, if the traditional candidate raises or spends more than the base amount the voter owned candidate receives, then then the voter owned candidate receives one dollar for each one dollar the traditionally funded candidate spends. So, back to our example of  a state representative district where there are 30,000 registered voters and the base amount is $61,500, the voter owned candidate would receive additional funding only if the traditional candidate spent or raised more money. If, in this race, the traditionally funded candidate spent or raised $63,5000 or $2,000 more than the base amount, then the voter owned candidate would receive $2000, for a total of $63,500. We want more and more candidates to use the system, so we'll have more choices. We also want to drive down the overall cost of campaigns.

 

WHAT IF AN OUTSIDE GROUP - OFTEN CALLED A THIRD PARTY - SPENDS MONEY
AGAINST A VOTER OWNED CANDIDATE?

The Oregon Voter Owned Elections Commission is authorized to give the
voter owned candidate more money, to compensate for the third party
expenditure.

HOW MANY VOTER OWNED CANDIDATES WILL THERE BE?

The candidates and their supporters decide whether a candidate will be trying to become voter owned or not. The system is entirely voluntary. The candidates must submit their required signatures no later than 60 days prior to the filing deadline.  

WHAT ELECTIVE OFFICES ARE COVERED?

All elective offices created by the Oregon Constitution, and a few others. These offices include, Governor, Secretary of State, State Treasurer, Attorney General, State Superintendent of Public Instruction, Commissioner of Labor and Industries, State Senator, State Representative and the seven judges on the Oregon Supreme Court . These are the most important elective offices in our State.

 

WHAT TYPE OF ELECTIONS OR ELECTIVE OFFICES ARE NOT COVERED? 

Recall, initiative, and referendums are not covered. Local offices are not covered. State offices not listed above are not covered. Cities, counties, school districts, special districts and other governments created by authority of state government are allowed to conduct their elections the way they choose, consistent with federal, state and local laws already in place.

I'VE HEARD THAT THE COURTS HAVE RULED SOME CAMPAIGN FINANCE REFORMS ARE  UNCONSTITUTIONAL. IS THIS SYSTEM LEGAL?

The United States Court of Appeals for the Ninth Circuit has approved the State of Arizona's law, which is very similar to the Oregon Voter Owned Elections Act. The Oregon Voter Owned Elections Act allows full expression of political ideas. This concept does not change Oregon's Constitution in any way.

WHAT IF CANDIDATES LIE OR TRY TO STEAL THE PUBLIC MONEY?

There are severe civil and criminal penalities for violating this law,
or lying or stealing. The Oregon Voter Owned Elections Commission is
empowered to file civil suits and recommend criminal prosecutions to the
Attorney General or any of Oregon's 36 elected District Attorneys.

 WHAT IF NON CANDIDATES, POSING AS CANDIDATES, TRY TO STEAL MONEY?   

It is possible that somebody might pose as a candidate and try to collect five dollar contributions, in either this voluntary system or in the traditional system. That is against the law and violations of this portion of the law would be criminal law violations. To guard against those kinds of possible abuses, the Commission would be required to vigorously enforce the law. In Arizona and Maine, the risk of these things happening is low, because there's only five dollars involved per contribution.

WHAT IF THE VOTER OWNED CANDIDATE ENDS UP RUNNING UNOPPOSED?

All unspent funds will be returned to the Oregon Voter Owned Elections
Commission.

WHAT IF A VOTER OWNED CANDIDATE DOESN'T SPEND ALL OF THE MONEY AWARDED
TO THEM?

All unspent funds will be returned to the Oregon Voter Owned Elections
Commission. Voter owned funds cannot be used to give to other
candidates, as is frequently done now by traditional political action
committees.

HOW WILL THE OREGON VOTER OWNED ELECTIONS ACT BECOME STATE LAW?

The Oregon Legislature is being asked to pass this law.

HOW SOON COULD THIS BEGIN?

In general, there are only two ways a bill or measure can become a law: 1) it is passed by the Oregon House of Representatives, the Oregon State Senate and approved in writing by the Governor OR 2) it is passed by a vote of the people of Oregon.

 

IF THE SYSTEM WAS IN PLACE, HOW DOES A CANDIDATE START RUNNING?

Candidates are allowed to start political committees and can accept private contributions, otherwise allowed to be contributed any candidate, in the amount of $100 up to $1000 to get started and print their materials. Remember, the majority of the time and effort (and just a little bit of money) will be spent talking to voters. That's what this is all about, voters owning the system.

 

WHAT IF I WANT TO LEARN MORE ON THE TOPIC OF VOTER OWNED ELECTIONS?

 

There are a lot of websites where you can learn more about "voter owned" systems in other states. These aren't links. But, among the better things to read, you could look at:

State of Arizona Clean Elections Commission -  www.ccec.state.az.us/ccecweb/ccecays/home.asp

Voter Owned Iowa - www.voterownediowa.org

Alaskans for Clean Elections - www.alaskansforcleanelections.org

Democracy Matters - www.democracymatters.org

Public Campaign -  www.publicampaign.org

Answering the Critics of Voter Owned Elections –  www.democracymatters.org/Documents/ResearchCenterDocs/Summit2004/AnsweringtheCritics.doc

 

WHAT HAS BEEN GOING ON TO SUPPORT THE VOTER OWNED ELECTIONS ACT?

Commissioner Sorenson and many other people have been working hard on this project. A collection of the materials can be found on www.petesorenson.com and here are some of our accomplishments:

presentation in Coos Bay on Voter Owned Election. Media coverage on KCBY-TV -- January 2008

presentation to Rebooting Democracy Conference and winner of 2nd Place in the Progressive Policy Battle Royle Competition, Oregon Bus Project -- January 2008

forum on VOTER OWNED elections, featuring Pete Sorenson, Lane County Commissioner, Arizona State Senator Meg Burton Cahill, and Eugene Register Guard editor Jack Wilson, at the Lane County Courthouse, January 24, 2008.

LEGISLATIVE FORUM ON VOTER OWNED ELECTIONS, featuring Bill Morrisette, Oregon State Senator, Chris Edward, Oregon State Representative, Meg Burton Cahill, Arizona State Senator and Pete Sorenson, Lane County Commissioner, January 25, 2008. DVD of this 1 hour and 43 minute program is available. Please contact Mike Knefaty at knefaty@msn.com for more information.

WHAT CAN I DO?

Let us know that you support this legislation by contacting Peter.SORENSON@co.lane.or.us and please include your name and mailing address.If you're interested in supporting the initiative petition effort, contact VOTER OWNED OREGON c/o Mike Knefaty (pronounced NUH-FA – rhymes with fat – TEE), at knefaty@msn.com.

COULD YOU TELL ME MORE ABOUT PETE SORENSON?

 Pete Sorenson is a Lane County Commissioner, a post he's held since 1997. He's been re-elected twice (both times without opponents) in 2000 and 2004. He's been elected Oregon State Senator and served in that post from 1993 to 1997. He's been the coach of the mock trial team and has been Adjunct Professor of Law at the University of Oregon School of Law. He's also taught in the Department of Planning, Public Policy and Management and the Department of Geography at the University of Oregon. He's worked as a private practice lawyer, volunteered as a prosecutor at the Lane County District Attorney's Office. He's been a Kidsports and YMCA assistant coach. Education policy is a big interest of Commissioner Sorenson and he's been a member of the Oregon State Senate Education Committee, and board chair and budget committee member at Lane Community College in Eugene and on the Board of the Oregon Community College Association.  Commissioner Sorenson worked for three years in Washington, DC for Representative Jim Weaver (d-Oregon), a member of Congress from Oregon's 4th District. After that he worked three years in Washington, DC, as Special Assistant to the Secretary of Agriculture in the Carter Administration. He's earned three degrees (JD, MA and BA) at the University of Oregon, an AA at Southwestern Oregon Community College and earned his high school diploma at North Bend (Oregon) High School. He's married to Kim Leval, the Development Director at Rural Development Initiatives in Eugene. RDI is dedicated to helping rural commnities thrive. Pete has two children, Jennifer, who works with abused children in the Portland area and Erik, a senior (and a goalie on the soccer team) at DePaul University in Chicago. Erik is graduating in June 2008 and Jennifer is getting married in July 2008 to Josh Leitner. Pete's brother, John Sorenson, works for Midtech Energy, developing renewable energy in Oregon and lives in Portland. Pete's mom, Jean Sorenson, is a retired secretary and lives in Eugene. In 2005 and 2006 Commissioner Sorenson ran for the Democratic Nomination for Governor of Oregon. He received the most votes on a dollars per vote basis in the Governor's election in 2006.  



   
 
     

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