Without Extraordinary Session ACLU of Wisconsin Calls On Governor to Act Positively on Campaign Finance in Budget

July 19, 2002

In a letter to Governor McCallum the American Civil Liberties Union of Wisconsin urges support for meaningful public funding of state election campaigns. The debate over the campaign finance provisions passed as part of the Budget Adjustment Bill divides those who wish the whole package vetoed and those who are urging partial vetoes. The ACLU of Wisconsin falls in the latter group. It urges the Governor "not to throw the baby out with the bathwater."

Because Speaker Jensen and Senate Majority Leader Chvala on July 19th indicated, they will not support an extraordinary session on campaign finance; the ACLU wants the Governor to salvage enhancements to public funding in the bill.

The ACLU's letter says, "The Budget Adjustment Bill now before you gives you [Governor McCallum] a special opportunity to improve public financing ...."

"Public funding of elections that gives all candidates a voice would go a long way toward making the law governing campaign finance serve the public and not special interests," Chris Ahmuty, ACLU of Wisconsin's Executive Director, said later.

"Combined with vigorous enforcement of existing independent expenditure regulations and anti-corruption laws, adequate public funding could restore confidence in the campaign finance system without censoring protected speech," he added.

The ACLU's letter went on to urge the Governor to veto provisions requiring notice and disclosure of funding for a broad range of "covered communications" and non-severability.

The ACLU of Wisconsin is a citizen organization that defends the civil liberties and civil rights of all Wisconsin residents.

The ACLU of Wisconsin's letter to Governor McCallum is attached.

July 19, 2002

Governor Scott McCallum
State Capitol
PO Box 7863
Madison, WI 53707

Dear Governor McCallum:

The American Civil Liberties Union of Wisconsin for at least thirty years has supported meaningful public financing for election campaigns. Our members across Wisconsin are distressed that the current Wisconsin Election Campaign Fund is under-funded and not working. The Budget Adjustment Bill now before you gives you a special opportunity to improve public financing for the WECF. You should act, since Speaker Jensen and Senate Majority Leader Chvala will not support a special session on campaign finance.

When you act the ACLU/WI Board of Directors believes that emphasis on providing more public funding for campaigns is vital. We believe that public financing would facilitate candidacy and significantly broaden the spectrum of campaign debate. Public financing can also reduce the dependency of candidates upon private contributions. The bill includes a voluntary checkoff/tax credit raising the amount of the current checkoff from one dollar to twenty dollars without raising a taxpayer's taxes. We urge you to use your veto power prudently by refraining from vetoing provisions that will enhance meaningful public financing.

The Budget Adjustment Bill also, unfortunately, contains provisions that require prior notice and disclosure of the funding sources of certain "covered communications." Covered communications include a broad range of messages having a "political purpose" in nearly all media, including protected speech. We urge you to veto these unconstitutional provisions.

Finally, the bill includes a non-severability clause, which should be vetoed.

Nearly everyone agrees the campaign financing provisions in the Budget Adjustment Bill are far from perfect. However, to the extent that it allows you to advance meaningful public funding of campaigns without violating constitutional rights, the ACLU of Wisconsin urges you not to "throw the baby out with the bathwater."

Sincerely yours,

Chris Ahmuty
Executive Director, American Civil Liberties Union of Wisconsin