Common Cause Releases Study of ALEC Corporations' Power

http://www.prwatch.org/node/10938


Submitted by Anne Landman on August 5, 2011 - 12:56am

On August 3, the national Common Cause office released a study of the American Legislative Exchange Council's political clout titled, "Legislating Under the Influence: Money, Power, and the American Legislative Exchange Council" (pdf). The study examines the campaign contributions from corporations, political action committees, executives and employees associated with the 22 companies represented on ALEC's "Private Enterprise Board." Common Cause found that through the efforts and largesse of global firms like Wal-Mart, Coca-Cola, Koch Industries, AT&T, Altria (the parent company of cigarette maker Philip Morris) and Exxon Mobil, ALEC has quietly managed to turn itself into a powerful force in all 50 state capitols.

Where ALEC's corporate leaders' money goes (from Common Cause)The study found that together these donors spent over $38 million on state politics in just a single election cycle, from 2009 to 2010. Common Cause also found that over the past decade, ALEC's corporate leaders invested over $370 million nationally in state elections to influence ballot measure outcomes and help elect thousands of state legislators who would be willing to advocate for ALEC-backed bills in statehouses across the country.

Wisconsin Common Cause also released a full list of Wisconsin legislators who are ALEC members, and the amounts that ALEC corporations have invested in them since 2001. The list is available here.

In the meantime, people across the country have been researching ALEC politicians and as of this week, the Center for Media and Democracy has been able to add about 1,000 more ALEC legislators to its database to aid reporters and the public on SourceWatch.org. The database is accessible here.

Take action to fight corporate manipulation of state legislative processes across the country! Click here to send letters to the corporate leadership of the American Legislative Exchange Council (companies like Bayer, Pfizer, GlaxoSmithKline, Wal-Mart, Kraft, Coca-Cola, State Farm, Johnson and Johnson, AT&T, Koch Industries and many others) and ask them to withdraw their membership from ALEC.

ALEC balks after experts say it should register as Minnesota lobbyist

The American Legislative Exchange Council (ALEC) is a non-profit organization that brings corporations together with state lawmakers to create and advocate for model legislation. Minnesota experts on lobbyist disclosure say ALEC’s activity here requires the group to register as a lobbyist under state law.

ALEC denies that the organization lobbies state legislators.

“We’re not lobbyists because we don’t lobby, none of our staff are registered lobbyists,” ALEC spokesperson Raegan Weber told the Minnesota Independent Wednesday. “We take a policy position. Just as most Americans have an opinion on policy, so do we, but we do not do a call to action, according to the IRS there has to be a call to action.”

Craig Holman, a lobbyist for the open-government group Public Citizen, agreed that the federal lobbying disclosure requirements likely don’t apply to ALEC because the main focus of the organization is on state lawmakers.

But Holman said that state lobbying disclosure laws — including Minnesota’s, which are some of the toughest — do apply.

 

Two Minnesota lawmakers attended a recent ALEC convention in New Orleans. Other members of the state legislature participated in a meeting in St. Paul with ALEC staff on March 4, 2011, where staff presented ALEC policy “recommendations.” Both events are examples of the sort of activity that helps ALEC cross the threshold of the state’s definition of lobbyists.

Under the state’s definition of a lobbyist, ALEC clearly qualifies, Holman said, and “should register and disclose their penalties and activities in Minnesota.”

Hamline University School of Business professor David Schultz agreed with Holman’s assessment.

“There have been, over the years, several groups that have operated nationally that operate in the state of Minnesota, and they somehow think they don’t have to comply with state law when it comes to trying to affect state elections or lobbying the state legislature. They consistently get this wrong,” Schultz told the Minnesota Independent Wednesday. “They’re not breaking any federal laws but they still have to conform with state law and state registration laws.”

In Minnesota, ALEC’s private sector chair is Comcast lobbyist John Gibbs, according to records from the Center for Media and Democracy and the Minnesota Campaign Finance and Public Disclosure Board. Weber said that lobbyists who are also corporate members, or in Gibbs’ case, a private sector chair of the organization, don’t represent ALEC, and that it’s only the ALEC members’ responsibility to register as lobbyists.

Both Schultz and Holman said the law doesn’t see ALEC and private sector lobbyists who are members as unrelated entities.

“Any lobbyist that works with an association, and that association also crosses that threshold for lobbying activity, they’re all required to report and disclose what they’re spending,” Holman said. “I fully expect Minnesota’s lobby law would capture all this [activity].”

On the federal level, Common Cause, an open government advocacy group, wrote a letter last month suggesting that the IRS audit ALEC to see if the group has violated its tax-exempt status by lobbying.

But most states don’t closely police who registers as a lobbyist, partly to avoid chilling the public’s constitutional right to lobby their elected representatives. States instead hope that professional lobbyists will voluntarily register to disclose their spending, Holman said.

“You hope these lobbyists have the integrity to disclose where their money is coming from and how they’re spending it. I’m sure Minnesota is just expecting that to happen, which is why they’re not proactively enforcing the law against ALEC,” Holman said. “Now that ALEC has become such a major public controversy, I think the Minnesota state agency is obligated to be a little more proactive on this.”

ALEC likely violated state campaign board ruling, start complaining !!

By Jon Collins | 08.11.11 | 9:45 am

A Twin Cities event hosted this spring by the American Legislative Exchange Council (ALEC) likely violated a 16-year old ruling by the Minnesota campaign finance board. The group, which brings together corporations and state lawmakers to create and distribute conservative legislation, failed to register a lobbyist with the state when organizing an issues forum, as required by the board’s ruling.

On March 4, 2011, ALEC hosted an educational event in Bandana Square in St. Paul. In attendance were state lawmakers including ALEC state chair Rep. Mary Kiffmeyer (R-Big Lake) and an ALEC task force director, who traveled there for the meeting.

 The event likely violated guidelines set in a 1995 opinion (below) offered by the Ethical Practices Board, now the Minnesota Campaign Finance and Public Disclosure Board. Under the ruling, which was brought on by a similar event organized by the group at that time, ALEC was directed to register a lobbyist with Minnesota if

“the issues forum and any written materials distributed include information that communicates with or urges others to communicate with officials in attempts to advocate a particular position to an official about legislative or administrative action.”

 ALEC spokesperson Raegan Weber told the Minnesota Independent that ALEC wasn’t aware of the requirement in the board’s 1995 decision. She denied the group engaged in lobbying.

“Our task force director was asked to give an educational seminar about the publication,” Weber said. “That’s what it was — it was an educational seminar.”

Weber said the purpose of the March event was to provide information on ALEC’s State Government Reform Toolkit, which includes what the group’s press release described as 20 “recommendations” to state lawmakers dealing with fiscal crises. The guide argues for legislative reforms in areas ranging from pensions to the establishment of a privatization and efficiency council. Many of the recommendations include citations to ALEC model legislation, which is sometimes written and introduced to the group by corporate ALEC members who pay between $7,000 and $25,000 to be involved in ALEC.

Hamline University School of Business professor David Schultz told the Minnesota Independent that the board’s decision likely was applied to ALEC’s forums because of the group’s unique organizational structure.

“Oftentimes, a lot of organizations, if they’re going to sponsor issue forums, don’t have to [register a lobbyist],” Schultz said. “Because the legislative exchange council is seeking to try to influence legislation and legislators, that’s why the issue forums would require them to be registered.”

Schultz weighed in on the possible outcomes of ALEC not registering a lobbyist with the state: 

“It looks like any event they’re going to be sponsoring in the future is going to require them to continue to  be considered a lobbyist.” He added, “It could affect issues like their tax status.”

 Opinions from the Campaign Finance and Public Disclosure Board are interpretations of Minnesota statutes, in this case the one governing the state’s lobbyist disclosure requirements. Board investigations of statutory violations are generally triggered by public complaints. If a violation of statute is found by the board, it could lead to a civil penalty.

ALEC counts some 2,000 legislative officials nationwide among its members. In Minnesota, that includes about 30 members — all Republicans, according to state chair Kiffmeyer – in the state House and Senate and at least one federal member, Rep. Erik Paulsen. The group has drawn criticism from some who say it allows corporations to lobby lawmakers and write legislation without disclosure.

Common Cause Minnesota connected the group to legislation recently introduced in Minnesota, including bills that would undermine greenhouse gas restrictions and shield large food companies from consumer lawsuits.

ALEC is sometimes viewed as secretive because it doesn’t disclose its membership, although leaked ALEC files and individual confirmations by the Minnesota Independent have provided a partial picture of some Minnesota lawmakers that are involved.

Are you a member of the legislature or legislative staff with knowledge of ALEC’s work in Minnesota? Send us an email: jcollins@minnesotaindependent.com.

Campaign Finance Decision

Reminder:  Call out MN's ALEC members.   Let's get them recalled and out of office. AND we must make sure these people are registered LOBBYISTS !!


http://usuncutmn.blogspot.com/2011/07/call-out-alec-members-in-mn-leg-now-or.html

DO IT NOW DOSSIER: Send a Fax FREE to ALEC's party in NOLA

Don't let ALEC's New Orleans party be our hangover! ALEC -- the American Legislative Exchange Council – is a secretive front group of hundreds of corporations that are investing millions of dollars a year to write business-friendly legislation at the expense of the middle class.  ALEC is holding its annual meeting this week in New Orleans. That means that hundreds of state legislators from all over the country are right now sitting side-by-side with corporate representatives hammering out "model bills" that could be coming to your state capitol in a matter of weeks or months.  Meanwhile, ALEC claims that it does zero lobbying – a patently ridiculous claim. We've already asked the IRS to investigate its tax-exempt status. Now let's show them that we're watching, and we won't tolerate their behind-closed-door dealings.  Send a message by faxing a lobbyist registration form from your home state directly to your favorite (or least favorite!) ALEC corporate member – they'll receive it at the New Orleans hotel where the ALEC conference is taking place!  Complete the form on the link below, and we'll send your fax on its way! http://www.commoncause.org/site/apps/ka/ct/contactus.asp?c=dkLNK1MQIwG&b=7651707&en=6dIJJMNgG9JEJFOgH6IIJMPfFbJHLRNuHgLJIHPiF8JMI0PEH

On the News With Thom Hartmann: Minnesota GOP Legislation Written by ALEC, Funded by Koch Brothers and Wal-Mart, and More

The Minnesota state government may be open for business again after a shut down a few weeks ago – but the legislators aren’t working on new laws.  Instead – transnational corporations are.  The group Common Cause just released a report that shows a number of bills passing out of the Minnesota state legislature last session were actually written by the shadowy, non-profit organization known as the American Legislative Exchange Council – or ALEC.  The organization – which is funded by the likes of the Koch brother and Walmart – is comprised of current and former lawmakers – as well as the heads of some of the biggest transnational corporations in the world.  And ALEC’s job is to write corporate-friendly legislation to pass on to state lawmakers to turn into law in their respective states.  Among ALEC’s successes in Minnesota: legislation that makes it harder for people to vote – legislation that protects corporations from consumer lawsuits – legislation that prevents regulations of greenhouse gases – and legislation that gives tobacco companies tax breaks.  So here we have elected lawmakers outsourcing their jobs to corporate interests – still don’t think the corporatocracy has replaced our democracy?   

DO IT NOW DOSSIER: CALL MN ALEC MEMBERS NOW !!

 http://www.facebook.com/event.php?eid=230317733668739

MY previous post on call out ALEC




This is the ALEC list we were talking about at last night's
council meeting with Common Cause's state director.  I've also included the
names and phones at the end.

RECOMMENDED ACTION:  Call those on the list today and tomorrow.  They'll be
back by the weekend, some earlier.  Please send this out to all Minnesota
MoveOn members encouraging them to call and ask where they are this week.
Encourage Rebuild The Dream partners to also participate.  A suggested
script below:

"Hi, I'm hoping to meet [Representative/Senator] [Last Name] during our
state recess this week.  What events will she be at?"

Those who inform callers they are out of state, at a "task force" meeting,
in New Orleans, or at the American Legislative Exchange Council meeting
should:
1.  Email responses to Common Cause mdean@commoncause.org
2.  You can also post the results publicly via twitter as:  @CommonCauseMN
[Rep./Sen. [Name] staff confirmed in New Orleans] #ALECexposed

Common Cause will then file lawsuits against the legislators for violating
campaign finance rules.

NOTES:
Members and staff rarely refer to it as ALEC, chosing instead to make it
sound official with the "American" and other big words.  If you ask
specially about ALEC, the likely response is "I'm not aware of what that
is." followed by misinformation about what the legislator is actually doing,
so avoid saying ALEC during personal calls or visits.

Common Cause has a nearly complete list of Minnesota legislators here:
http://www.commoncause.org/siteapps/advocacy/search.aspx?c=dkLNK1MQIwG&b=486
0375

Primary names/phones to call (capitol/district #s), though calling all
elected officials you can in addition to these will also help discover
unknown ALEC members:
Carol McFarlane         (651) 296-5363 / (651) 429-6511
Chris Gerlach (651) 296-4120 / (952) 432-4100
Michael L. Beard        (651) 296-8872 / (952) 445-9374
Gen Olson       (651) 296-1282 / (952) 472-3306
Pat Garofalo    (651) 296-1069 / (651) 463-2112
Sondra L. Erickson      (651) 296-6746 / (763) 389-4498
Dave Thompson (651) 296-5252 / (612) 385-5950
Patricia Pariseau (retired, no numbers available)
Gretchen Hoffman        (651) 296-5655 / (218) 342-2010
Paul Anderson (651) 296-4317 / (320) 239-2726
Mary Kiffmeyer  (651) 296-4237 /      (763) 263-3876
Matt Dean       (651) 296-3018 /      (651) 429-8449
Roger C. Chamberlain (651) 296-1253
Ron Shimanski   (651) 296-1534 / (320) 327-0112
Ted Daley       (651) 297-8073 /      (651) 686-2839
Linda Runbeck   (651) 296-2907 / (763) 784-8822
Pam Myhra       (651) 296-4212 / 952.894.0544
Bruce D. Anderson (651) 296-5063 / (763) 682-1480
Connie Doepke  (651) 296-4315 / (952) 449-8696
Mike Parry      (651) 296-9457 / (507) 833-1883
Steve Drazkowski        (651) 296-2273 / (507) 843-3711

-----Original Message-----
From: tippingpointstrategies@gmail.com
[mailto:tippingpointstrategies@gmail.com] On Behalf Of Mike Dean - Common
Cause MN
Sent: Wednesday, August 03, 2011 11:04 AM
To: Henry (moveOn)
Subject: task force list

Henry:

Here is the list of MN legislators that are task force members.  It
will be released publicly in the next hour.

Encourage people to ask where their legislators are today?

Mike Dean
Common Cause Minnesota
612-770-6908

mdean@commoncause.org
Web site - http://www.commoncause.org/mn

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It’s was an episode to do Naomi Klein proud. The author of The Shock Doctrine: The Rise of Disaster Capitalism should have been taking notes for her third revision of that seminal book on crisis management and the use of chaos to push through unConstitutional policy and legislation based on fear-mongering and tight deadlines.

President Obama and Speaker John Boehner – essentially leaving the Senate, let alone the public – out of the loop – continue to meet behind closed doors. Then, there’s the US Senate Gang of Six – more secret meetings with direct fiscal effects on American and Minnesota lives – with no input from us.

Such was the case with the newly “negotiated” deal struck between Governor Mark Dayton and the GOP legislative majority leadership last weekend – deals and dynamics that all took place behind closed doors – inside the “cone of silence” – ostensibly to allow greater candor between the parties.

Think about this. Why is candor reserved for hidden talks and not for public consumption as our tax dollars are made to work against the general well-being, not to mention the vast majorities of Minnesotans willing to pay a bit more toward a balanced budget without saddling our kids with future debt and slicing and dicing the all-important  state programs and services that actually help us all?

Worse, the Capitol itself was locked down to citizens and visitors. And just as disturbing was the absence of citizens and visitors knocking on those doors to get a look at the resulting process and package.

Secrecy is a public leprosy eroding public confidence in government more deeply than even the normal frustrations we feel with the occasional snail’s pace of bureaucracy and the unjustified decisions government agencies can impose. Secrecy is infecting every corner of government, leaving the public out in the cold to participate in and understand the agreement, bills, laws, rules and regulations – not to mention the unspoken barriers to access thrown up to citizens and the media by lawmakers and agency officials alike.

Crisis management reared its ugly head again earlier this last week when the bills written in the dark by Mr. Dayton and the GOP and presented to the full House and Senate under cover of speed and secrecy were barely seen even by those whose job it is to vote on these matters, let alone analyze them for their effect on constituents. Why the rush? Of course, 22,000 state employees, not to mention constituents were clamoring for a restart of state government.

CommonCause/Minnesota worked to ensure at least a 72-hour deliberation and study period for the bills submitted and passed without a moment’s discussion or a single amendment allowed during the Special Session Gov. Dayton called. Of course, the three-day period was rejected on the grounds that – Naomi, are you listening? – it would prolong the already protracted state government shutdown. Crisis decision-making at its finest. Skip the details. Pass the bills, open the doors and get those workers back on the job. What more could they have done? Plenty.

Two DFL legislators – Rep. Mindy Greiling and Sen. John Marty – have introduced bills that would require open processes in all legislative work, but primarily all budget negotiations between and among legislative leaders and even between those leaders and the governor.

TTT’s ANDY DRISCOLL and MICHELLE ALIMORADI talk with open government advocates (are there any real secrecy defenders out there?) and examine the trend toward increasing secrecy in all aspects of public governance and media coverages.

REP. MINDY GREILING – DFL Lead, House Education Finance Committee

MIKE DEAN – President, CommonCause/Minnesota

RICH NEUMEISTER – longtime public interest citizen lobbyist and award-winning open government activist and blogger

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Mike Dean, Common Cause MN; Minnesota Government: From Shutdown to a Budget

July 20, 2011

LISTEN

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SPONSOR:

Minnesota lawmakers worked late into this morning to reach agreement on a new state budget. Gov. Dayton plans to sign the budget bill this hour. But how carefully did lawmakers scrutinize the spending package given the rush to end the nearly 3 week long government shutdown?

Guests

• Mike Dean: Executive Director of Common Cause Minnesota
• 
  

Common Cause PR on ALEC

FOR IMMEDIATE RELEASE July 13, 2011 1:52 PM

CONTACT: Common Cause Dale Eisman, Common Cause, (202) 736-5788

ALEC Bills Expose Corporate Drive to Advance Business Over Public Interest

WASHINGTON - July 13 - Today’s release of more than 800 “model” bills and resolutions drafted and promoted by the American Legislative Exchange Council (ALEC) opens a window to the workings of a powerful and secretive corporate front group that has enlisted thousands of state lawmakers to pass legislation on its behalf, often in conflict with the public good, Common Cause said today.

“This is a real eye-opener,” said Bob Edgar, president of the non-partisan government watchdog group. “Dozens of corporations are paying millions of dollars a year to write business-friendly legislation that is becoming law in state houses from coast to coast, with no regard for the public interest. This is proof positive of the depth and scope of corporate influence on our democratic processes; it’s no wonder that many Americans feel disenfranchised from their government and wonder why the rich keep getting richer and the middle class is stuck in an economic ditch.

“The ALEC documents reveal an organization in which corporate executives sit side-by-side with elected representatives behind closed doors, drafting and then voting as equals on `model’ bills that once approved by ALEC are introduced in legislatures around the country,” Edgar said. “I’m sure millions of voters will be interested to learn that their state senators and representatives are working to enhance the bottom lines of ALEC-connected companies and trade groups, all of which spend millions of dollars annually to bankroll legislative campaigns. Our preliminary analysis indicates companies in ALEC’s leadership put about $330 million into state politics from 2001-10.”

Edgar said ALEC allows firms to play a direct role in writing and advancing legislation that enhances their bottom lines. For example, one member, the Corrections Corporation of America, was part of the drafting process for a “model” immigration law that makes it easier for state and local authorities to lock up suspected illegal immigrants; CCA would house many of those detainees at prisons it runs under contract with state governments.

In other cases, ALEC’s corporate members are lending their support to legislation far removed from their legitimate business interests.

“Consumers, and stockholders, may wonder why part of the money they put into Coca-Cola and its products is being used to push legislation that would give tax subsidies to private schools, or why the proceeds of their purchases from Intuit, a software company, are helping to advance legislation that would block local governments from regulating pesticides, “ Edgar asserted.

Edgar said Americans owe debt of gratitude to the Wisconsin-based Center for Media and Democracy, which obtained the ALEC bills and posted them today on a website, ALECexposed.org.

“At Common Cause, we’re particularly interested in ALEC’s advocacy of legislation that would make it more difficult for millions of Americans to exercise their right to vote, as well as bills that would enable corporations – already empowered by the Citizens United decision to pump millions of dollars into our elections – to hide their political spending from voters and stockholders. I’m sure it’s not a coincidence that most of ALEC’s legislative members are Republicans and that the people their corporate-backed legislation would disenfranchise tend to vote for Democrats. We’ll be studying the data released today closely.”

###

Common Cause is a nonpartisan, nonprofit advocacy organization founded in 1970 by John Gardner as a vehicle for citizens to make their voices heard in the political process and to hold their elected leaders accountable to the public interest.