One for Democracy

The U.S. Supreme Court, explicitly tying huge campaign contributions to the appearance of corruption in politics, has resoundingly upheld a state’s authority to impose strict limits on election campaign contributions. The 6-3 judgment is good news for California, where one campaign reform law is on hold while facing legal challenge and a proposed reform goes before voters in the March 7 primary election.

The court reaffirmed an earlier decision that contribution limits do not violate a person’s 1st Amendment right to free speech and association. The court reached that judgment in 1976 in Buckley vs. Valeo while upholding the $1,000 cap in federal elections.

On Monday, the court extended the Buckley principles to the states. A voter-approved initiative in Missouri had adopted the $1,000 limit but indexed it for inflation so that at the time of the lawsuit the limit was $1,075 for statewide offices.

In Monday’s decision, written by Justice David Souter, the court said, “Leave the perception of impropriety unanswered and the cynical assumption that large donors call the tune could jeopardize the willingness of voters to take part in democratic governance.” In a separate concurring opinion, Justice John Paul Stevens argued that the decision is not a blow against free speech, saying: “Money is property; it is not speech.”

The immediate effect in California may be to revive the prospects of Proposition 208, approved by California voters in 1996. The proposition set a $500 contribution limit on statewide campaigns and also curbed so-called soft money to political action committees. It was struck down by U.S. District Judge Lawrence Karlton two years ago as too restrictive. The U.S. 9th Circuit Court of Appeals sent the case back to Karlton for a full trial, expected later this year. In the meantime, the effect of Proposition 208 has been stayed and California currently has no contribution limits at all. Individual donations to a candidate for governor have occasionally reached a deplorable $100,000 or more.

Proposition 25 on the March 7 ballot would give California a new campaign reform law with more liberal contribution limits--$3,000 per election to a legislative candidate and $5,000 for statewide office. Proposition 25 also provides that the far tougher Proposition 208 limits will go into effect if Proposition 208 is upheld, but it’s far from certain that the $500 limit will be approved.

Huge campaign gifts are explicitly meant to curry favor for the giver. The importance of Monday’s decision is that California does have the power to curb this practice. It is a laudable boost for confidence in democracy.