Dispatch on the For The People Act #6: Public Financing: The Sequel

EqualCitizens.US
Equal Citizens
Published in
9 min readMar 19, 2021

Two weeks ago, we covered the For The People Act’s provision that would establish public financing for Congressional elections. This week’s newsletter will focus on the other major public financing provision contained within the bill — the one for presidential elections! And as always, we will take you through the week’s best press hits and highlight a couple For The People Act cosponsors.

Make sure to subscribe here if you haven’t already, and check out the action items at the bottom of the newsletter for ways that you can get involved in this critical fight for democracy.

Before we launch into the heart of this week’s newsletter, some MAJOR NEWS: Tuesday night, President Joe Biden voiced his support for filibuster reform. This is a huge development — one that greatly increases the chance that the For The People Act becomes law. Much more work will be required to get enough Senators on board for this procedural change, but make no mistake: the momentum is on our side.

The promising news continues! Yesterday, the Senate officially introduced their version of the For The People Act (S. 1). All but one Democrat has signed on as a co-sponsor. Again, this is a BIG deal. (If you want inspiration, check out Senator Warnock’s floor speech on the For The People Act).

We also have some exciting Equal Citizens events coming up in the next couple of weeks that we hope you will attend!

Tomorrow, March 19, at 5 pm: We will be hosting a Facebook live with Joan Mandle, Executive Director of Democracy Matters. We will talk with her about why she supports H.R. 1 and the importance of youth activism in the movement for democracy reform. RSVP here and tune in on our Facebook page here!

Next Thursday, March 25 at 7 pm: Join us on Facebook live for a conversation with Dr. Jennie Stephens, climate expert and author of Diversifying Power: Why We Need Antiracist, Feminist Leadership on Climate and Energy. We’ll ask her about how the climate movement intersects with the democracy movement, and about why it’s important to have diverse leadership in all of these fights. RSVP here!

Got questions for Joan Mandle or Jennie Stephens? Send us an email at info@equalcitizens.us and we’ll ask them on the live!

Finally, this week, we have two new podcast episodes for you. In the first, Lawrence Lessig speaks to Iowa State Auditor Rob Sand about white collar crime, reinvigorating small town America, and fighting political polarization. The second episode will be coming out later today. In this one, Lessig speaks to a Trump-supporting friend, whose name has been changed and voice altered to allow the friend to speak without the burdens his views might create in his world. Lessig and “George” discuss Trump, the January 6th insurrection and partisanship. Check the podcast homepage later this afternoon to catch this episode.

While you wait for the second episode, check out Lawrence Lessig’s newest TEDx Talk in which he argues that America is on the verge of becoming a minoritarian nation.

Provision of the Week: The Empower Act of 2021 (Title V, Subtitle C):

What is it?

The Empower Act of 2021 would significantly improve the existing presidential public financing program, making it once again a viable option for presidential campaigns.

Similar to the matching program described in week 3 of our Substack, the Empower Act of 2021 would implement an optional 6-to-1 matching system on small dollar donations (under $200) for presidential candidates in the primary, with an upper limit of $25 million.

Candidates that win a party’s nomination would then be eligible for a 6-to-1 matching program in the general election. This new general election matching system would replace the old system wherein candidates received small block grants. With an upper limit of $250 million in public money, the new program would allow candidates to raise much more in the general election than the previous $20 million grants provided.

The Empower Act of 2021 likewise eliminates spending limits for those who participate in the program, allowing candidates to spend as much as they can raise from grassroots donations. Right now, general election candidates who utilize public funding cannot spend more than approximately $100 million, which makes using the program detrimental to all major candidates. Additionally, the Empower Act of 2021 raises the upper limit on how much parties can spend in connection with the general presidential election campaigns.

To qualify for the presidential public financing program, primary and general election candidates must not accept more than $1000 from any individual, and primary candidates must receive at least $25,000 in small dollar donations from donors in at least 20 states. Finally, the program requires all participating candidates to use the system in both the primary and the general election (if they receive their party’s nomination). So, a candidate cannot just use public financing when it helps them in the primary and drop it when it’s inconvenient; they have to commit to getting grassroots support throughout the electoral process.

This provision would be paid for through the same Freedom From Influence Fund that would finance the Congressional donor matching programs, which collects money from corporate lawbreakers and tax cheats, rather than raising taxes on individuals and families.

Why does it matter?

Presidential elections have become so expensive that the existing public financing system is useless. Right now, public funding comes with such stringent restrictions, with so little financial upside, that using it can actually lead to the end of a presidential campaign.

So where do candidates find the money to run for office? Wealthy donors. Even as candidates increasingly prioritize grassroots donations, in 2020 large donations still made up the bulk of direct contributions to presidential candidates.

As we wrote previously, public financing puts small dollar donors on a more level playing field with the wealthy and would incentivize presidential candidates to seek out more small donations. Think about it: the 6-to-1 public financing system matches donations up to $200, so someone who gives $200 to a campaign will actually contribute more to the campaign ($1400) than someone who can afford to give $1000!

Increasing the amount of money available in the program and eliminating the burdensome spending limits will once again make public financing a viable option for presidential candidates. And the qualifications required to receive public funding means candidates must have demonstrated grassroots support from around the country. With this provision in place, presidential candidates can’t run on a platform that appeals only to the wealthy and well-connected, something especially critical during the primary process. Candidates have to earn the small-dollar donations of Americans by talking about the issues that matter to them.

Some have expressed opposition to this provision, arguing that the reform would only benefit the major parties. Equal Citizens founder Lawrence Lessig breaks down why this opposition is absurd in this Medium article.

In the News:

The Brennan Center’s Michael Li argues that H.R. 1 is crucial for stopping partisan gerrymandering and creating fair legislative districts. The For the People Act mandates that states adopt independent redistricting commissions, requires courts to prioritize redistricting cases, and strengthens protections for groups with shared identities. Li describes each of these components and hails H.R. 1 as the “most significant effort in American history to rein in gerrymandering”.

Interested to learn more about redistricting reform in the For The People Act, check out week 4 of our Substack here!

The New York Times links the battle against restrictive state voting initiatives with the fight for the federal For the People Act. Describing the For The People Act as a “once in a generation moment,” the NYT highlights activists from small grassroots groups to large well-financed organizations pushing the Senate to pass the For the People Act.

The Reverend Jesse Jackson writes that bills that protect the right to vote, like the For The People Act, should be above partisanship. In his column for the Chicago Sun-Times, civil rights activist Rev. Jesse Jackson draws a connection between modern Republican voter suppression efforts and the longer, historical fight to expand the electorate to include non-property owners, women, and Black Americans. Calling the voting rights and anti-gerrymandering provisions of the For the People Act “common-sense standards,” Rev. Jackson says we must all demand that the Senate pass S. 1.

Sludge reports that multiple conservative dark money groups are throwing millions of dollars behind a For the People Act misinformation campaign. In an attempt to damage the popularity of H.R. 1 / S. 1, these groups plan to target swing districts with their lies.

And now, a word from our (co)sponsors:

Now that the fight for H.R. 1 has become the fight for S. 1, we want to highlight and thank some key supporters in the Senate. Their advocacy for the For The People Act is crucial to its passage — and here we want to share their own words about why they support the bill!

Official Portrait of Senator Raphael Warnock
Senator Warnock of Georgia supports the passage of the For the People Act and is willing to reform the filibuster to protect democracy.

“This bill is not partisan at all. It is about the very foundations of our democracy, this bold and noble experiment that we call America, this experiment in self-governance. Your vote is your voice, your voice is your human dignity. This should not be viewed as just one other bill… This is foundational.” — Senator Warnock

Official portrait of Senator Jeff Merkley
Senator Merkley of Oregon has been an incredible advocate for the For the People Act and co-introduced it into the Senate.

“This year may be our last chance — to pass the For the People Act, to show that small-d democracy can still work and produce results for the American people, and make sure We the People decide. Let’s get it done.” — Senator Merkley

Social Media Roundup:

Let’s be frank: there are A LOT of tweets, posts, and general conversation about the For The People Act. In this section, we give you an overview of the tweets and media you really need to see.

Senate Majority Leader Schumer makes clear that democracy reform is a top priority for his caucus:

Senator Warnock emphasizes the importance of democracy reform:

The Leadership Conference on Civil and Human Rights celebrates the introduction of the For The People Act in the Senate:

Mother Jones’ Ari Berman explains the For The People Act and the filibuster:

The Declaration for American Democracy Coalition has a new video describing the oppressive attacks on voting rights at the state level and the need for the For The People Act:

How you can help:

H.R. 1 is the most important democracy reform bill in half a century, but to get it through the Senate, we need your help. That’s why we’ll end this newsletter every week with a few quick and easy ways to join the fight for H.R. 1. This week, you can:

  • Call your Senators at (202) 224–3121 and tell them why they should do everything in their power to pass the For The People Act (S. 1) in the Senate, including getting rid of the filibuster.
  • Write a letter to the editor in your local paper sharing your support of the For The People Act and urging your Senators to pass it. Not sure how to write a letter to the editor? Reach out to us at info@equalcitizens.us and we can help!
  • Share our newsletter, our podcast, the articles included above, and the resources on H.R. 1 below on social media and tell your friends why you support #ForThePeopleAct
  • If you have questions about H.R. 1 you want us to answer in our substack, tweet at us with #HR1Substack!

Extra, Extra:

If, after reading our newsletter, you still want to know more about the For The People Act, Equal Citizens, or the two of us, you can find more information here!

Relevant Resources:

Here are a few resources on the “For the People Act” if you have questions:

The Brennan Center for Justice created a wonderful guide to H.R. 1. Check it out here.

Here is the link to the House website on the For the People Act.

There is a lot of misinformation about H.R. 1, and the amount of misinformation will only grow as the fight heats up. That’s why it’s more important than ever to make sure everyone has all the facts on the bill — here is an article from Media Matters that can help you fact check.

More about us:

Kate Travis is a fellow at Equal Citizens and a junior at Harvard studying History and Literature with a minor in Government. When she’s not fighting for democracy, you can find her running, playing the cello, and drinking copious amounts of coffee (maybe even all at once). Follow her on Twitter at @mkht930.

Kevin Rissmiller is a fellow at Equal Citizens and a Goodwin-Niering Scholar at Connecticut College majoring in Government and exploring sociology, economics, and applied statistics. In his free time, you will find him at Dunkins or (pre-pandemic) playing ultimate frisbee. Connect with him on LinkedIn.

If you want more updates on H.R. 1 from Kate and Kevin, then subscribe here!

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EqualCitizens.US
Equal Citizens

Equal Citizens-a nonprofit organization founded by @Lessig-is dedicated to reforms that will achieve citizen equality. #fixdemocracyfirst