Is Smiley Banking on Outside Spending in Providence Mayoral Race?
Monday, August 04, 2014
Will Brett Smiley disavow outside spending in the Providence mayoral race?
The battle between the Democratic candidates heated up last week when Michael Solomon and Jorge Elorza announced they had taken a "people's pledge" to keep third party money out of the race, and Smiley refused -- citing he demanded a stronger pledge.
As speculation mounts around the formation a 527 "Anybody But Cianci" campaign to provide a third party avenue to funnel money into the election -- and as former Smiley campaign chair Myrth York has stepped down and could potentially lead such an effort - could not signing on to a ban on outside spending have the ability to benefit the Smiley campaign?
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"I've stepped down as co-chair, yes," said York, who added that she had been "speaking with folks" about an anti-Cianci effort targeting the former two-time Mayor's attempt to win the seat once again this year as an independent.
As for Smiley, when asked if Providence voters should be comfortable with outside "dark money" influencing a municipal election (as donors do not have to be disclosed), and without taking any pledge at all at this time, would he accept third party advertisements in the race, the campaign dodged the question.
"Brett's made a point of being detailed and comprehensive in everything he's done throughout this campaign, and the same is true for the "People's Pledge." He's interested in a meaningful and enforceable pledge that's more than just a political stunt," said Smiley campaign manager Josh Block.
Former Common Cause Rhode Island head and historian Phil West, who is a declared Elorza supporter, cited past history of outside spending as to why he believed Smiley should sign off on the current pledge.
"It makes me sad that Smiley seems intent scoring political points rather than doing all in his power to discourage an infusion of dark money into this campaign" said West. "The stakes are too high. The dangers are real. He should sign the people's pledge."
Outside Money in Rhode Island?
In joint releases sent out on Friday, Solomon and Elorza stated that the pledge both took to keep SuperPAC money from influencing the election applied to "independent expenditure advertisements and/or direct mail from third parties including, but not limited to, individuals, corporations, 527 organizations, 501(c) organizations, SuperPACs, and national and state party committees. The candidates hope that this pledge will keep the Democratic mayoral primary in Providence fair, transparent, and free of outside influence."
Entities organized under section 527 of the tax code are considered "political organizations," defined generally as a party, committee or association that is organized and operated primarily for the purpose of influencing the selection, nomination or appointment of any individual to any federal, state or local public office, or office in a political organization.
Smiley in turn called for a stronger pledge instead, calling for a ban of donations from city employees, and that all candidates pay back any liabilities to the taxpayers of Providence -- meaning Council President Solomon's outstanding PEDP loan. "I'm fully committed to a clean and fair election, and in order to do that, we need to be clear about who should be funding our campaigns," said Smiley in a statement. That means refusing not just third party involvement, but also city worker contributions and Providence taxpayer dollars."
"Campaign pledges are really tough and vitally important," said West. "My first attempt to get pledges that might restrain and force disclosure of spending came in Rhode Island's 1990 gubernatorial race. All of the campaigns sent lawyers to Common Cause to consider pledging that they would participate in the state's matching-funds program. Joe Paolino refused and put them all on a record-shattering pace. Rhode Island's 1990 race became the second most expensive--on a per capita basis--in the nation. We were second only to Alaska. For years, Gov. Ed DiPrete had been running a pay-to-play operation out of the governor's office."
"As damaging as that was, it was child's play compared with outside spending on a shamefully dishonest commercial funded by the Republican Governors Association," continued West. "I believe "In Charlie Fogarty's world" tipped the 2006 gubernatorial race to Don Carcieri. While history never repeats itself, it often rhymes."
John Marion, the current Executive Director of Common Cause Rhode Island, spoke to his involvement in brokering a pledge amongst the gubernatorial candidates -- and his hopes that the Providence candidates could come to agreement.
"As for the People's Pledge, it's an agreement between candidates so it is necessary for all of them to agree to it and feel ownership over all of the final document. When we started the negotiations among the Democratic gubernatorial candidates they were pretty far apart," said Marion. "They came to agree to a document that they all bought into because they explored all the possibilities, including requests to prohibit non-advertising spending, and they concluded that a simple agreement on TV, radio, internet and print was, in their view, the only enforceable type of document."
"There are lots of examples of candidates who have requested pledges of their opponents at PeoplesPledge2014.com," Marion continued. "It would be good for Providence if they can come to a working agreement so we don't see another example of a challenge unmet."
In 2012, Congressman David Cicilline called for more campaign finance disclosure under the DISCLOSE Act, which would have included disclosing donors who gave more than $1000 to 527s.
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