Editor’s note: This commentary is by Emma Mulvaney-Stanak, who is state chair of the Vermont Progressive Party.
[M]edia sources missed the central point of the recent federal court decision in Corren et al v. Sorrell et al. The plaintiffs (Dean Corren, the Vermont Progressive Party, other former lieutenant governor candidates, and Dave Zuckerman) asked the court to rule on the constitutionality of treating publicly financed candidates differently than traditional, privately financed candidates with regard to political party coordination. Recently, Judge Sessions ruled Vermont’s election law is constitutional only if it is interpreted in a way other than Attorney General Sorrell did in 2014.
Vermont’s election law outlines a number of categories defining allowable activities for party-candidate coordination. Despite the letter of the law, Sorrell attempted to fine publicly financed lieutenant governor candidate Dean Corren (P/D) $72,000 for an email sent by the Vermont Democratic Party. The federal court ruling affirmed that a political party and candidate can work together regardless of public or private funding. This is a win for candidates hoping to gain equal footing to privately funded candidates, and a big win for democracy.
We would all do better to take a page out of presidential candidate Bernie Sanders’ fundraising strategy to raise small donations from many individuals instead of relying on excessive larger private donations to advance campaigns.
Traditional, privately funded candidates routinely gain access to voter lists, communication and event coordination from their endorsing political parties, and now it’s clear that publicly funded candidates have the same rights. Prior to this court ruling, Sorrell’s enforcement action would hamper any reasonable person’s consideration to seek public financing for statewide office. It also contradicted the Vermont Legislature’s attempts over the years to rein in large donations in campaigns in order to make elections accessible to average people.
At the end of the day, this decision allows Vermonters to access public financing to run for office without fear of unfounded prosecution for coordinating with their political party. More remains to be addressed within election law and that is now left to the Vermont Legislature, such as the “gag order” prohibiting publicly financed candidates from announcing their intent to run before Feb. 15 and fundraising limits under the law compared to privately financed candidates who now have essentially no limits.
The Vermont Progressive Party maintains that a healthy democracy comes from elections free of excessive private funding, especially from corporations. We would all do better to take a page out of presidential candidate Bernie Sanders’ fundraising strategy to raise small donations from many individuals instead of relying on excessive larger private donations to advance campaigns. In the end, democracy should be about individual voters, not money.
