The Mercury News

Why San Jose should limit corporate spending in elections

- By Roma Dawson Roma Dawson has served as a staff member for a number of elected officials including former San Jose Mayor Tom McEnery, Rep. Zoe Lofgren, Councilman (now Mayor) Sam Liccardo and Councilwom­an (now Santa Clara County Supervisor) Cindy Chavez.

As election season kicks into high gear, with major races in San Jose for mayor and City Council, voters can expect to see their mailboxes filled with flashy campaign mailers, thanks in large part to lavish spending of a small number of corporatio­ns aiming to protect their pocketbook­s and influence our local government.

Independen­t expenditur­e committees allow corporatio­ns to spend unlimited amounts of cash on campaign ads. It is important to examine spending from foreign-influenced corporatio­ns or statewide PACs that bundle donations from such businesses. For instance, contributi­ons to the California Apartment Associatio­n include millions in donations from foreign-influenced real estate giants such as Equity Residentia­l and Essex Property Trust. Between two San Jose City Council races in 2020, the California Apartment Associatio­n spent $84,000.

Billion-dollar companies such as Chevron and Lyft have also used their money to influence elections. Lyft spent $40,000 in 2020 pushing its favored San Jose City Council candidates. Chevron gave money to the Silicon Valley Organizati­on PAC, which collected more than $150,000 from foreign-influenced entities and spent $588,000 in two council races. During that election, SVO PAC made headlines for airing inflammato­ry, racist campaign ads.

Voting is a fundamenta­l human right, the great equalizer to money and power, giving citizens both a voice and a seat at the table. Our votes determine the future of our community's housing, education, infrastruc­ture and more. Yet this fundamenta­l right is imperiled today, whether by blatant voter suppressio­n in Georgia and Texas or by elected officials in San Jose who uphold this “pay-toplay” system for special interests to exert their power over our local government­s thanks to outdated campaign finance laws.

It's been 12 years since the the Supreme Court's ruling in Citizens United reversed decades-old laws and opened up the floodgates for foreign-influenced corporatio­ns' campaign spending. Under the guise of freedom of speech, Citizens United created a massive loophole that has allowed billiondol­lar corporatio­ns with significan­t foreign ownership to pour money into our elections through PACs and independen­t expenditur­es. Even though foreign investors are banned from participat­ing in our elections directly, they are allowed to do so by using corporatio­ns as an intermedia­ry. The result? Communitie­s shaped by special interests, and a growing distrust for our democratic institutio­ns.

Why are big-money outsiders having a say in our future? Should the voices of overseas investors outweigh San Jose residents? Democracy should represent the public interest, not the highest bidder. We need to prohibit foreign-influenced corporatio­ns' election spending to protect our local democracy.

Now more than ever, it is critical that San Jose adopt an ordinance to ban foreign-influenced corporatio­ns from spending on local elections. In order to rebuild faith in our democracy, we need communitie­s, not corporatio­ns, to determine our destiny.

An excellent model of this initiative exists in Seattle. In 2020, the Clean Campaigns Act was signed into law to curb corruption in election contributi­ons. The Seattle ordinance builds on SEC policies and the wisdom of corporate governance and campaign finance experts such as former FEC Commission­er Ellen Weintraub to define a foreign-influenced corporatio­n as having a single foreign owner holding 1% or more of shares or multiple foreign owners holding a cumulative 5% or more. Even these modest percentage­s of ownership are enough to influence corporate decision-making.

Stopping foreign-influenced corporatio­ns from spending money to sway our local elections is an issue of accountabi­lity that should transcend political parties. In a true democracy, elections would prioritize ordinary voters, not foreign investors.

It's time we root out the threat of corruption in San Jose and put power back into the hands of the people.

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