Bringing sunlight to dark money in our political system

Free speech is a cornerstone of our democracy. In protecting this fundamental right, it is important to recognize that we are living in an age where we are subject to a barrage of messages, not only from candidates for political office but also advocacy groups, corporations and special interests.

The political cycle, which used to run for a couple of months each year – perhaps a bit longer depending on the election – is now never-ending. But just as concerning, it is now more difficult than ever to evaluate messages and lobbying efforts because we don’t know who is behind them and what their motivations might be. That's because these groups have been able to hide the sources of their funding.

This "dark money" threatens the very foundation of our democracy.

The 2010 Citizens United Supreme Court decision opened a veritable floodgate of money into our politics. Where we were once able to have reasonable limits on the influence of money without infringing on free speech, there are now deep-pocketed special interests that can influence government and the policies that affect us – all the while drowning out other voices. And too often the public has no idea who is behind this money and these messages.

In New York, we are attempting to change that. Under current law, lobbyists and their clients must disclose sources of funding above $5,000 only if they have spent more than $50,000 and at least 3 percent of their total expenditures are devoted to lobbying in New York. It’s a gigantic loophole that allows special interests to get away without reporting a single dime even though they may lobby heavily in our state.

I have sponsored legislation (A.9473) that would require donor disclosure of any amount spent over $5,000, regardless of the percentage of the total expenditure. Any lobbyist or client of a lobbyist that meets this threshold would have to disclose the names of each source of funding greater than $1,000, the amount donated, and the use of the funding.

In other words, we the public have a right to know who is behind these messages so we can evaluate their motives and make more informed choices.

But as important as it is to know the sources behind political and advocacy messages, it is just as important to protect the foundations of free speech. Recently the Joint Commission on Public Ethics (JCOPE) issued an advisory opinion that defined certain communications with the press as lobbying activity, including the encouragement of an editorial board to support a position on a specific government action.

That is just wrong. My bill makes clear that communication with the press does not constitute lobbying activity. This is consistent with current law, which exempts newspapers and other periodicals and radio and television stations from the definition of "lobbying" when they publish or broadcast news items, editorials, other comments, or paid advertisements.

It is outlandish to think that communications with the media – the very protectors of our democracy – is somehow equal to lobbying our elected officials.

My proposal has already passed the Assembly as part of a comprehensive ethics package and enjoys broad bipartisan support. There are encouraging signs that the governor and others will join our effort, and I remain hopeful that we can reach a common-sense solution that protects free speech and gives citizens more information about lobbying activities and the messages intended to influence them.

Matthew Titone is a state assemblyman representing the 61st District in Staten Island.