April 12, 2004
(Updated) Exclusive: Waging The Transparency Wars
Francesconi Camp Makes Contributions A Campaign Issue
Note: This post has been updated. Any and all updates appear at the end of the original post.
In the comments to our recent item about a political action committee organized for supporters of Tom Potter who want to support their candidate -- and oppose Jim Francesconi -- Ed Grosswiler, principal of The Grosswiler Group and spokesman for the Jim Francesconi campaign, weighed in with this:
Independent? Adrian Russell-Falla, in the detailed Potter report, received $6,153 for services performed and the name is prominent on Potter's web site. By the way, the Potter report lists "contributions under $50" totalling more than $40,000 and despite Potter's focus on "campaign finance reform" doesn't reveal one single cash contributor.
I find it strange that the Potter campaign doesn't even list the number of contributors.
Further, Tom has invited people to bundle their contributions (see the Potter web site under credit card contributions.) State law prohibits bundling of contributions.
Transparency apparently doesn't extend to the Potter campaign.
It's good thet Ed mentions this, because we had been working on an item regarding the support of Francesconi (and other candidates) for a law requiring immediate disclosure of campaign contributions.
Since so many candidates seem to support such a law, we emailed the Elections Division to see if there was any portion of campaign finance law, or perhaps some state privacy provision, which would prevent candidates from engaging in immediate disclosure voluntarily.
"I am not aware of anything preventing that," wrote back Susan Francois.
While we had intend this to be aimed at all candidates running for City office, we hereby specifically challenge the Francesconi camp, since their campaign manager has made a visit here to chide the Potter camp and thereby make contribution transparency an issue.
Don't wait for a law. Lead by example and dare your opponents to follow your lead. Starting this week, begin voluntarily posting detailed information on each campaign contribution on the same day each contribution is received.
You've pushed the rhetoric into the campaign. Now let's see you back it up.
Update
We're doing the search on this as we speak, but perhaps as we do so, Ed can specify what he means by the following:
Further, Tom has invited people to bundle their contributions (see the Potter web site under credit card contributions.) State law prohibits bundling of contributions.
Looking through the 2004 Campaign Finance Manual, we've yet to find any such prohibition. What we have found so far is the following, whcih apppears on page 59, left-hand column, second paragraph:
If an individual or organization collects funds on behalf of a candidate or committee with the understanding that the funds are a contribution for a candidate or committee, then the contributions must be reported as being made by the individual contributors, and not the collecting individual or organization. Violations may result in criminal penalties for making contributions in a false name.
Looking at the Potter campaign's contributions page, we see the following instruction: "And since not everyone has their own credit card, you can group your donation along with independent ones from other people using a secure web form."
This is followed by a series of links which allow one to make a contribution on behalf of themselves and others, and requires that one specify the name, address, and occupation of each contributor.
In and of itself, this appears to fall within the allowable contribution activity described in the above paragraph from the 2004 Campaign Finance Manual. That doesn't mean we've located the final word on the matter as far as state law is concerned. But it's what we've found thus far.
Update
Further, here is the possibly-relevant portion of ORS Chapter 260:
260.402 Contributions in false name. No person shall make a contribution to any other person, relating to a nomination or election of any candidate or the support or opposition to any measure, in any name other than that of the person who in truth provides the contribution. No person shall knowingly receive the contribution or enter or cause it to be entered in accounts or records in another name than that of the person by whom it was actually provided. However, if the contribution is received from the treasurer of any political committee, it shall be sufficient to enter it as received from the treasurer.
Since the process the Potter camp uses for online contributions requires that the individual names behind the contributions being charged to a single credit card, it does not appear to us that the Potter camp is violating state law. Thus far, we've been unable to find any mention to the practice of "bundling" in state law -- although as we've already stated, we've only just started researching the question.
But since ORS Chapter 260 is entitled "Campaign Finance Regulation; Election Offenses" one would assume that is where such a prohibition would be found. So our question remains the same: Is said prohibition indeed somewhere within state law and we just haven't yet found it, or is Ed Grosswiler making a false charge against the Potter campaign?
Update
For what it's worth, the reader comments to this item reveal that Mayoral candidate Phil Busse (disclosure: we endorsed him) is the first candidate to accept our challenge for immediate disclosure:
My campaign will begin to semi-instantly post our contributions. Starting next week, we will make an effort to post our contributions on a weekly basis, as long as we can figure out the technology to do so. I believe that we can link an Excel spreadsheet to our website and use that. Because we are short-staffed, I can't promise instant reporting (I only check the PayPal account twice a week), but we will push for weekly reports.
We will continue to keep readers apprised of other candidates who accept the challenge, and keep a watchful eye on whether or not they follow through.
Comments (10)
Brad on 13 Apr 2004
With all of this talk about campaign finance reform, perhaps it is time for the candidates to be the change we are calling for. We are not victims of a system unless we choose to be.
Phil Busse on 13 Apr 2004
Okay b!x -
We'll take that challenge. My campaign will begin to semi-instantly post our contributions. Starting next week, we will make an effort to post our contributions on a weekly basis, as long as we can figure out the technology to do so. I believe that we can link an Excel spreadsheet to our website and use that. Because we are short-staffed, I can't promise instant reporting (I only check the PayPal account twice a week), but we will push for weekly reports. (Really, in the scope of world history, that's a blink of an eye, right?)
Bring the noise!
Phil Busse
Isaac Laquedem on 13 Apr 2004
One fascinating thing about the transparency war is that the candidates and their campaigns are waging it not only in the Oregonian and at the Elections Division, but here on the Portland Communique also.
Noah on 13 Apr 2004
Phil,
You could also just use Excel's handy "Save as Webpage . . ." option to save the excel spread sheet as a simple webpage. It might be a nicer format for more people to be able to read (since not everyone can afford the Microsoft tax).
Congratulations for taking up B!x's challenge and again showing that you "get" this intenet thing and deserved B!x's endorsement.
Adrian Russell-Falla on 13 Apr 2004
instant disclosure is a smokescreen introduced by Battleship Francesconi to distract from their campaign's "obscene" [Willamette Week cover story 3/24/2004, quoting Mayor Vera Katz] financial arms race.
it got double leverage: it also let him take a classical pol's "hollow support" position on the Sten/Blackmer campaign finance initiative (appearing to support it, while making sure it gets shunted safely off to study-to-deathville, larded up with a bunch of extraneous details.)
as at this week's C&E report, 170% more peoplehave stepped up to support Tom Potter than have yielded to Commissioner F.'s energetic arm-twisting.
and it's actual people that matter at the ballot box... the dollar bills can't vote.
given the differential ease which the two leading candidates are able to go win hearts and minds, it's a clear indicator of how little popular headway Battleship Francesconi has made.
consider:
-- it has cost Commissioner Francesconi $532,340.60 in expenditures so far to extract contributions from just1,000 people.
-- Potter's 1,693 contributions took only $39,195.63 to generate.
so, Potter is getting the job done 2,300% more efficiently than Commissioner Francesconi (despite incumbency power).
sounds like a good basis for running our next City government, doesn't it?
Adrian Russell-Falla
503-381-4678
adrianrf@gopottergo.com
GoPotterGo!-PAC
412 NE 57th Avenue
Portland OR 97213
The One True b!X on 13 Apr 2004
instant disclosure is a smokescreen introduced by Battleship Francesconi to distract from their campaign's "obscene" ... financial arms race.
All the more reason, then, for his opponents to do it voluntarily ASAP, thereby leaving him with rhetoric, and them with action.
Adrian Russell-Falla on 13 Apr 2004
well, some of them are financially constrained, and possibly less web-savvy than our esteemed Communique editors.
tell you what, here's a modest proposal:
if Battleship Francesconi will see fit disgorge some of its "obscene" excess funds in the public interest, I will happily coordinate and organize rapid delivery of that service for any and all candidates who a) currently have a website and b) can't take care of it themselves. I will charge only my standard campaign labor rate, and any direct costs.
it's possible his lawyers may tell him campaign finance regulations prohibit the Commish stepping up to help this way with funds from his war-chest.
if so, I feel sure a man of his personal wealth (and remembering his positive embrace last week of investigating the Sten/Blackmer public financing proposal) would naturally step up and meet the cost out of his own pocket, as a contribution to the greater public good. the costs would be mere chump-change, a trivial rounding error, to a man of the Commissioner's means. and think of the PR upside.
and since I'd sub a bunch of it out to some of the large army of un[der]employed technology-savvy Portlanders, it would be a first positive step for him in these eight years towards actually helping local unemployment, albeit in a small way.
Adrian Russell-Falla
503-381-4678
adrianrf@gopottergo.com
GoPotterGo!-PAC
412 NE 57th Avenue
Portland OR 97213
David on 14 Apr 2004
Adrian - you are a grand standing jack-ass. Someone commented that all the cash and mud slinging turn people off of politics. I disagree, nobody wants to participate in the democratic process because they don't want to be associated with loud mouth, annoying jerks like you. Go post to your own web site and quit campaigning here. Your reactionary foaming at the mouth assures me that you'll do anything (without regard for ethics) to win. You're doing your candidate, who I won't vote for, a disservice by spouting and barking.
Gary Marschke on 14 Apr 2004
"Adrian - you are a grand standing jack-ass...loud mouth, annoying jerks like you...you'll do anything (without regard for ethics) to win...(You're) spouting and barking."
Hey Dave..follow your own advise and take your profane and self-serving barking to your own web site and leave this one for intelligent discourse, huh?
Adrian Russell-Falla on 15 Apr 2004
whatever, David.
some people have no sense of humor... and thin skins. the really funny ones, like you, also have precious little grasp of the meaning of their own arguments.
reactionary? puh-lease. go look it up, mate. not my politics.
and as for grandstanding, I'm heart-attack serious: I'll help other candidates get their contribution streams posted, if they want -- and if Francesconi steps up behind his toy rottweiler.
what have you got to offer the world, besides venting your hurt feelings from the nice safe shelter of anonymity?
Adrian Russell-Falla
503-381-4678
adrianrf@gopottergo.com
GoPotterGo!-PAC
412 NE 57th Avenue
Portland OR 97213