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Rein in Secret Corporate Influence in Politics

Corporate special interests exert enormous and largely unchecked influence in American elections. Our elections should be decided by people, not secretive corporate interests. State lawmakers can make our democracy more representative by ensuring transparency and accountability in order to rein in secret out-of-control corporate political spending.

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Frequently Asked Questions
How does this help?
This policy empowers people over greedy corporations in the political process by ensuring that when corporations spend money politically, their actions are approved by their shareholders and have a rationale. It also creates new transparency on the goal of corporate contributions, by requiring them to disclose the business rationale for the contribution.
Is this high cost for the state?
No. There is negligible cost to the state for this proposal.
Partners
  • People who believe in transparent corporate political spending
  • Good government advocates
  • Other elected officials
Opposition
  • Corporations that oppose transparency, even with their own shareholders
Model Policy
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SECTION 1 (TITLE):
This act shall be known as the Corporate Political Accountability Act
SECTION 2 (PURPOSE):
This act requires shareholder approval and public disclosure of corporate political expenditures.
SECTION 3 (PROVISIONS):

a) A corporation or any of its subsidiaries may not use its money or other property in connection with a political contribution or independent expenditure unless the shareholders of the corporation, by the affirmative vote of a majority of all votes entitled to be cast, have:

i) authorized in advance the total amount of money or property that may be used for all political expenditures during a specific fiscal year of the corporation; and

ii) directed that the money or property be used for:

1) a specified candidate or candidates;

2) candidates of a specified political party or parties;

3) a specified political party or parties;

4) a specified political committee or committees;

5) a specified entity or entities exempt from taxation under §501(c)(4) or (6) of the internal revenue code; or

6) a specified question or questions.

b) Any corporation, either by itself or its subsidiaries, making a contribution or independent expenditure shall at least annually disclose to its shareholders and file with the secretary of state an accounting of the contributions and independent expenditures used for such purposes, including:

i) the date of the contribution or independent expenditure;

ii) the amount of the contribution or independent expenditure;

iii) the identity of the recipient of the contribution, or if an independent expenditure, the identity of the candidate, referendum, political party, pending legislation, public policy or a government rule or regulation supported or opposed; and

iv) the business rationale for each such contribution or independent expenditure.

c) The secretary of state shall post each corporation’s annual disclosure on the website maintained by the secretary of state. 

d) Whenever it appears to the Attorney General that any person has engaged in any act or practice constituting a violation of any provision of this section, the attorney general may bring an action to obtain one or more of the following remedies:

i) a temporary restraining order;

ii) a temporary or permanent injunction;

iii) a civil penalty not exceeding:

1) three times the amount of a political expenditure made in violation of subsection (a) of this section; or

2) $5,000 for any other violation of this section;

iv) a declaratory judgment;

v) rescission;

vi) restitution; and

vii) any other appropriate relief.

e) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.