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Alabama NewsAlabama Politics
Taking Alabama Politics to an Even Lower Level
By Gary Palmer
Posted on: March 26, 2005
The Alabama State Legislature is on the verge of passing a bill that goes well beyond the usual special interests driven, poorly crafted and disingenuous legislation that most Alabamians have come to expect from what many consider the worst state legislature in the nation.
HB75 is a bill that would require any organization that endeavors to educate the people of Alabama about a candidate's voting record or position on issues, or that gives an opinion on pending legislation, to disclose names of all of the organization's contributors. If passed, this legislation would create an immediate unconstitutional impediment to efforts to educate people about politicians and legislation.
This a raw attempt to regulate political speech that is protected by the U.S. Constitution aimed at groups that publish voter guides and that have kept Alabama citizens informed about moral issues. The state and federal government have a compelling interest in regulating "express advocacy" expenditures relating to the support of candidates running for office. But the federal courts have established clear distinctions between communications from organizations or groups that advocate for or against the election of candidates and communications such as voter guides that report on a candidates position on issues. HB75 would interfere with such communications.
In addition, HB75 would also impose regulations on groups or organizations that publish or broadcast information for or against legislation. This is called "issue advocacy" and is generally considered to be protected speech under the First Amendment and not subject to overly restrictive regulation by state or federal government. In order to regulate such communication, a state would have to show proof of harm or establish a compelling interest that would justify creating such an impediment to groups that educate voters about candidates and issues.
HB 75 fails this test and just about every test that could be used to justify such an infringement of rights.
The real compelling interest behind this bill are the gambling interests and incumbent legislators who hate groups that keep exposing their voting records and positions on issues. In fact, HB75 is almost identical to legislation that the gambling interests have been pushing for the last few years.
The gambling interests have complained that groups that have opposed their despicable business don't have to disclose the source of their funding. They have tried to intimidate pastors and ministers into silence with threats about their tax-exempt status. Yet the gambling industry is pouring hundreds of thousands, if not millions, into the campaigns of politicians and hiding these contributions through PAC-to-PAC transfers.
If passing an unconstitutional bill were not bad enough, HB75 is also an example of the rank hypocrisy that permeates the Alabama Legislature. While our state legislators think that groups that expose the politicians' positions on issues or that educate the public about bad legislation need to have their donor list made public, they do not think that the public should be informed about who is really funding their campaigns. If our state legislators really believed in full disclosure they would have passed a ban on PAC-to-PAC transfers long ago and require full disclosure of original sources of campaign contributions.
Passing a bill that forces any organization that publishes information about a politician's voting record or their position on issues to disclose their donors - yet not requiring full disclosure of the original source of contributions to their campaigns - is another example of the contempt that Alabama legislators have for the citizens of this state.
What do you think would be of more value to voters, full disclosure of the funding sources for groups that publish voter guides or full disclosure of who is really funding the politicians running for office?
The bottom line is that HB75 is intended to suppress information about the politicians because they don't want the voters to know how they have voted on bills or how they spent the taxpayers' money and they definitely don't want to have to answer specific questions on issues. The goal is to keep the voters in the dark about who the politicians really are, what they really stand for, and to who they really answer. They don't want the public to know that they are getting money from gambling interests or the AEA or any other special interest group.
At this point it is almost certain that HB75 will pass. And just as certain is that the state of Alabama will be taken to court and forced to waste taxpayers' money defending a special interests driven, politically motivated, unconstitutional law. But then Alabama has a reputation for that. If Governor Bob Riley wants to do right by the people and save the state some money, he will veto this bill the minute it hits his desk.
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