Adjunct Professor Jerry Goldfeder wrote a post in Law.com about pre-election candidate solicitation.
During the weeks leading up to New York’s recent election, the media exploded with headlines about favor-seeking campaign donors. Improprieties were vigorously denied, but even mere allegations such as these are disturbing.
Richard Nixon famously said that Americans had a right to know if their president was a crook. (He was, but that is another story.) More to the point here is the corollary: The public has a right to know if campaign contributions influence their elected officials’ decisions.
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An across-the-board ban on candidate solicitation would allow them to focus on the issues, liberating them from the arduous task of dialing for dollars. More importantly, it would free elected officials from even considering a donor’s concerns. And voters would have a much higher comfort level in knowing their public officials were making decisions wholly on the merits.
State or local officials should favor this ban—it would make their lives a lot easier and protect their reputations. Short of that, candidates can simply decide to voluntarily opt out of the fundraising grind. This reform would boost the public’s confidence in our elected officials—and that certainly would be welcome news.
