Campaign finance reform and Martin Ludlow

(Campaign Finance Reform and Unions are going to be hot topics in 2006, and this is an interesting take. – promoted by jsw)

Cross posted at Happening-Here

The news appeared this morning that Martin Ludlow is stepping down from his post as head of the Los Angeles County Labor Federation hoping to avoid jail time in a scandal involving union money that illegally helped his 2003 campaign for the City Council. No one seems to be contesting the prosecutor’s core assertions: SEIU Local 99 put some campaign workers on its payroll and ran some phone banks, giving Ludlow $53,000 worth of help that it didn’t report. That is the crime.

Now there is no doubt this is illegal. Multiple levels of campaign law, local and state, place limits on and require disclosure of sources of election help. And violating those laws frequently leads to stiff fines. There are very few career politicians who haven’t at least been investigated for some reporting irregularity. But what makes Ludlow’s case special is that union political contributions are governed by additional federal law giving the Department of Justice and the FBI authority to step in with criminal sanctions. The LA Times reports concerns about the federal involvement:

Ludlow has run afoul of a section of the United States Code titled “fiduciary responsibility of officers of labor organizations.” In particular, according to sources, Ludlow was investigated by the federal government for conspiring to embezzle money, property or other assets from a labor organization.

The regulation of unions has long been the domain of the federal government. …Labor unions have complained that they are being singled out and constrained in a way that their natural opponents, the business community, are not. Such protests have only increased under President Bush, some legal scholars say.

I’m sorry, if this had been a corporation, the activity of hiring campaign workers for a friendly candidate wouldn’t have been treated as “embezzlement” from the stockholders — it would have been applauded as a good investment. And I am sure Ludlow’s being Black didn’t help either.

Ludlow’s departure from the LA County Fed is bad news. He’s been a close ally of progressive mayor Antonio Villaraigosa. His accession to the job following the untimely death of Miguel Contreras signaled the strength of the “Black-Brown” alliance that is trying to set LA politics on a new course and model new possibilities for Democrats nationally. That current is so strong that it can likely survive the departure of one leader, but it is hard not to wonder whether we aren’t seeing here that Republicans in power know a real threat when they see it.

The whole ugly mess should also be a warning to progressives enamored of various campaign finance gimmicks they hope will “level the playing field.” Tinkering at the edges of how cash comes into campaigns with donation limits and partial spending caps simply disadvantages candidates and groups that start with less money. These campaign finance reform practices require people who run for office to hire armies of lawyers, accountants and specialist consultants to ensure that they stay legal. For rich candidates, this is just a cost of doing business. For insurgents, compliance with “ethics commissions” and “fair political practices” regulators is a drain on funds that should go to voter contact.

There are forms of “campaign finance reform” that would work better. The right of rich candidates to self-finance without limit (Buckley v. Valeo) must be made subject to regulation or we are further on our way to plutocracy. “Clean Elections” schemes that give state financing under regulated conditions (versions exist in Maine and Arizona) have shown promise.

But progressives need to be very careful about simply jumping on the latest “campaign finance” bandwagon. Elections are about who has power. Money will get into them because money is power. We’d be crazy to hamstring ourselves.

Daniel Weintraub: Tired Health Insurance Tropes

I’m beginning to understand the roles of the full-time Op-Ed writers at the Sacramento Bee. Dan Walters plays Dan Broder without the gravitas, while Daniel Weintraub plays a diet version of John Stossel. Today, we’ll have a quick look at Weintraub’s most recent oeuvre: an ode to his power to imagine a world without health insurance in response to Carole Migden’s introduction of a bill to require large corporations to provide health insurance.

Weintraub spends several paragraphs talking about how great the market is for delivering things like food, cars and houses, and painting a grim picture of how awful it would be if one’s employer controlled one’s access to those goods. That’s all true. The (regulated) market is really good at delivering those kinds of goods: lots of choices, fairly good information that regular folks can understand easily enough, prohibitions on adulteration and deceit, and generally, enough time to process the information one does get. One might note in passing that the regulation of these markets was fought hammer and tongs by the industries affected.

Then Weintraub gets to the nub of his argument:

[more on the flip]

While individuals once managed their health insurance themselves, paying for it out of their wages, employers began doing that for them during World War II as a backdoor way to increase compensation in an era of government-imposed wage and price controls. The custom stuck, the government rewarded it with tax breaks and today more than 60 percent of us have our health care managed through work.

Maybe, instead of trapping us into having our health care managed by others, we should emulate the ways we have more successfully provided food, shelter and transportation to almost everyone who needs it.

Individual choice. Individual responsibility. Voluntary transactions. And targeted help for the few who cannot afford to buy what they need on the wages they earn, with the burden of financing that assistance falling on all of society, not just on a few.

That all sounds great, don’t it? Forcing people to pay for their own medical care will provide great value for the dollar, and will keep prices down. Except that it’s utter hokum. First of all, Weintraub confuses the health insurance risk pooling allowed by the purchase of insurance through employers with “employer control”. While I’m not a fan of the current patchwork private insurance system, I hardly think that it amounts to “employer control”.

Second, the relevant markets for comparison are medical insurance vs. auto insurance and home insurance, not medical services vs. cars and houses. Medical services are potentially open-ended expenses that it’s hard to plan for. So are car accidents and fires. Cars and houses are known expenses that you can plan for; nobody buys “car-buying insurance” just in case someone unexpectedly forces you to own a new car.

You buy insurance in advance, because you don’t know when you’ll need it. The chances are that not everyone needs the payout at the same time, and the insurance company makes enough profit investing your money that it works for everyone. What employers provide with regard to medical insurance purchases is risk pooling and a form of bulk discount, neither of which you can get as an individual. In that sense, right at the outset, Weintraub’s comparison is inapt. People of moderate and more-than-moderate means do purchase their own medical insurance, either directly or risk-pooled through their employers. Poorer people get Medicaid, the elderly get Medicare (and supplemental insurance if they can afford it). That’s precisely the system that Weintraub proposes for spending on medical expenses, so apparently his whole beef is with the concept of health insurance.

Third, Weintraub pulls a classic Republican rhetorical trick: the hearkening back to the halcyon days of the Greatest Generation. Things were so much better back then. Except that medical science has advanced a great deal since 1941. We can do much more to save people with much more serious illnesses and injuries than we could in those golden-lit days of yore. And of course those new services mean that medical costs are higher. It’s not an apples to apples comparison to suggest that middle-class people can pay for the best medical service today (if they even could before World War II).

Last, if we were to compare apples to apples, medical spending is just plain different than most kinds of individual spending, even very large ticket items. It’s almost impossible to make truly informed decisions. The stakes are often life and death. The expenses are not optional.

  • How much medical spending is too much? How much is too little? How do you know? Is that pain in your chest gas or a heart attack? Are you willing to bet your next mortgage payment on the answer?
  • What is the best course of cancer treatment? The cheaper one, or the more expensive? You have to make that decision inside of a month, because your wife’s life depends on it. And so does your children’s college fund. And your house.
  • Your son has a chronic illness. You can afford to pay for his care, but only by selling the house that your parents left to you. Of course, eventually you will become eligible for the subsidy that Weintraub believes the poor should receive.

Weintraub has an oddly active imagination. He imagines that health care is a largely optional service. He imagines that it’s possible for an individual heartsick with worry can be an informed consumer of health care, a field in which even the practitioners are hard-pressed to keep up with new developments. He imagines that health care costs would not bankrupt even upper middle-class families.

In fact, the only place that Weintraub’s imagination fails him is that he seems unable to imagine what it would be like for people to try to deal with a health emergency without insurance.

More on Energy from the Hewlett Foundation

There was an interesting Op-Ed from Hal Harvey of the Hewlett Foundation in today’s Chronicle.  The Hewlett Foundation just released a study of the effect of California’s efforts to reduce energy usage.  The study itself is worth reading, but as a teaser, some grafs from the Op-Ed are on the flip.

Consider California, home to the world’s sixth largest economy. For 25 years, the Golden State has led the nation in programs to save energy; these, in turn, reduce the greenhouse-gas emissions that contribute to global warming. According to the California Energy Commission, the state’s energy-efficient appliance standards, among the toughest in the country, have led to a 75 percent reduction in the energy required to power refrigerators, much to the delight of consumers. Similarly, new homes built in California use only a quarter of the energy of older homes, thanks to smarter building codes. Renewable energy technologies such as solar and wind have prospered in California, where state tax credits helped drive the price of wind energy down almost 90 percent, which now makes it cheaper, in windy areas, than any alternative. As a consequence, in Colorado, for example, customers who agreed to pay a bit extra for wind-only electricity are instead are now getting rebates.

The Hewlett Foundation recently sponsored a study of the economic consequences of these policies over the past three decades. It tells an amazing story. California now uses half as much energy per capita as the nation as a whole, saving the average household $1,000 each year, with total savings now more than $56 billion. New York households have similarly benefited. Whereas per-capita electricity use across the nation has increased 50 percent in the last 30 years, in New York it has risen only 15 percent, due to the state’s focus on energy conservation, saving billions of dollars. The bottom line here is that saving energy is not only good for the environment, it also saves people money.

California’s Governor(?): “I always have been, and always will be, a Styrian at heart”

So, why is Arnold Schwarzenegger the governor of California?  Apparently he would rather be the governor of Styria, a province of Austria. This is from SF Gate’s Daily Dish of all places:

California Governor Arnold Schwarzenegger has pledged his allegiance to his native Austria, after a bitter fight with officials in his home city last year.
***
But the star appears to have softened after an official in the southern Austrian province of Styria — where he was born — wrote him a letter pledging his support.

Schwarzenegger replied to Herman Schuetzenhoefer, “I always have been, and always will be, a Styrian at heart.”

The Diebold Controversy

The Diebold machines are still around, languishing away in some basement, but Secretary of State Bruce McPherson is trying to bring them out of mothballs.  Sen. Debra Bowen wrote a diary on dkos about the Diebold controversey:

As many of you know and have already blogged about this weekend, last Friday afternoon, as millions of Californians were preparing for their Presidents’ Day holiday weekend, Secretary of State Bruce McPherson quietly re-certified Diebold electronic voting machines for the 2006 elections.

To rush through this re-certification, the Secretary of State had to go back on his word — twice — and violate federal and state law in the process.  Compounding this travesty is that the re-certification is based solely on the views and recommendations of people on the Secretary’s payroll. 

Quite frankly, there was no reason for the certification of these machines at this point.  For more facts, read Sen. Bowen’s full diary, or I’ve posted more of it on the flip.  At any rate, email SoS McPherson and tell him he’s wrong!

More on the flip (and at Huffington Post)

The Huffington Post story does a good job of getting to the importance of the main issue.  Mainly that California is not so Blue that an election can’t be stolen.  The Governator’s poll numbers are on the rise (up to 40%), so we can’t take the upcoming elections lightly.  We need to be sure of every vote.  Email the SoS.

Sen Bowen does a nice recap of the facts:

So, just to recap the facts here:

  * The Secretary of State’s own rushed secret study points out “serious vulnerabilities… that go beyond what was previously known,” yet the Secretary decided to re-certify the machines.

  * There has been absolutely no opportunity for public comment or review on these latest findings. 

  * The Secretary of State told us he would wait for test results from the federal “Independent Testing Authorities” before acting on Diebold’s request to re-certify its machines.  He didn’t do that.

  * The Secretary of State said any voting machine in California would have to meet all federal laws, rules, and regulations.  These Diebold machines fail that test — especially by using “interpreted code” that is banned by the Election Assistance Commission.

  * The Secretary of State said any voting machine in California would have to meet state law.  These Diebold machines violate state law because they don’t provide an audible “read-back” of the machines’ auditable paper trail for blind and visually-impaired voters.