While Alabama’s voters breathlessly bask in the bodice-ripper soft porn that is the daily press coverage of the President Donald J. Trump administration here at home, some elected officials are disregarding and dismantling the very laws that Republicans rode to victory in 2010.
Ethics reform and the Fair Campaign Practice Act are under attack, not from Democrats, but by Republicans who control every branch of state government.
Voters, in general, are blinded by the R after a politician’s name because Alabama is considered a Republican state. The jersey seems to matter more than the character of the player who’s wearing it.
Billionaire industrialist and Republican megadonor Charles Koch recently said, “I don’t care what initials are in front or after somebody’s name — I’d like there to be many more politicians who would embrace and have the courage to run on a platform.”
When Republicans ran in 2010, they had a platform. It was pro-business, fiscally conservative with a heavy emphasis on a stringent code of ethics and transparent campaign laws.
Since the indictment of then-Speaker of the House Mike Hubbard in 2014, Republicans have tried to weaken the Ethics Act they championed in 2010. They did it first to help Hubbard, but now in 2018, they want to rewrite the ethics laws to help themselves to the perks of office once enjoyed by Democrats.
Many Republicans don’t want to go back to the Wild West days of lawlessness before 2010, but they remain silent.
Recently, Alabama’s appointed Attorney General Steve Marshall accepted $735,000.00 from a dark money PAC controlled by the Republican Attorney Generals Association in violation of the state’s FCPA ban on PAC-to PAC transfers, but Republicans lawmakers haven’t uttered a word.
Gov. Kay Ivey’s campaign says she has cleaned up corruption in Montgomery, but within sight of her office, a so-called Ethics Review and Clarification Committee is rewriting the ethics laws to include allowing a public official to solicit things from a lobbyist.
A template for strengthening and clarifying the ethics laws was written under the watchful eye of the Attorney General’s Special Prosecution Unit. But the committee that is rewriting the ethics laws didn’t even use that plan as a starting point. Instead, they decided to arbitrarily let associations and the Alabama Legislative Services Agency undertake a wholesale rewrite.
The reality is – far too many public officials don’t want to be policed or held accountable.
As for the money Marshall received in violation of FCPA, he says there’s a loophole.
However, the 11th U.S. Circuit Court of Appeals in September 2016, found the 2010 Fair Campaign Practices Act (FCPA) made it “unlawful for any political action committee … to make a contribution, expenditure, or any other transfer of funds to any other political action committee.” The only exception to the rule is that a PAC can donate to a PAC set up by a candidate, but full disclosure is required by both parties.
Also in 2016, a Lee County Jury found that Alabama’s toughest-in-the-nation ethics laws worked when it convicted Hubbard.
What has changed since 2010? The Republican supermajority has found that running on ethics reform and campaign transparency sounds good, but trying to live by the law isn’t as easy as talking about it.
Frankly, the citizens should care more about integrity than initials, but for the most part, they don’t even know what is happening in their own backyard. The seduction of 24-hour cable news has left most voters knowing everything about the hookers in D.C. and nothing about the pimps in Montgomery.