Resolution in Opposition to Pay-to-Play Legislation Exposed

The Resolution in Opposition to Pay-to-Play Legislation was considered by ALEC's Public Safety and Elections Task Force at the 2010 States and Nation Policy Summit on December 2, 2010. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

Summary

This resolution opposes pay-to-play systems at any level of government as such systems are violations of the First Amendment right of citizens, corporations, and labor organizations to exercise free speech in the form of campaign contributions. It recommends instead that a system which relies upon an open, fair, and transparent contract bidding process be pursued.

Model Resolution

WHEREAS, political speech-stifling restrictions that prohibit individuals and contractors from donating to campaigns, commonly referred to as pay-to-play legislation, violates the First Amendment rights of citizens employed by corporations and labor organizations as well as these entities themselves to contribute to campaigns of their choice; and

WHEREAS, burdensome restrictions placed upon the above named groups have the effect of chilling speech and are in violation of these entities’ First Amendment rights; and

WHEREAS, these arbitrary regulations selectively burden disfavored speakers, endangering their political speech rights even though these citizens are employed in legal professions and have not engaged in any wrongdoing; and

WHEREAS, picking and choosing speakers is dangerous because arbitrarily drawn restrictions can be redrawn at any time given changing priorities and shifts of political power; and

WHEREAS, a move towards greater freedom of speech by eliminating pay-to-play laws entirely and focusing instead on ensuring an open, fair, and transparent contract bidding process would better serve legitimate anti-corruption interests; and

WHEREAS, the above solution would alleviate transparency concerns and the appearance of impropriety while allowing all citizens to fully exercise their First Amendment right to express their opinions about their government and elected officials; and

WHEREAS, the American Legislative Exchange Council (ALEC) is an important, influential voice in the promotion of policies true to the Jeffersonian principles of free markets, limited government, federalism, and individual liberty; and

THEREFORE, BE IT RESOLVED that ALEC opposes pay-to-play efforts outlined above at the federal, state, and local level to undermine the ability of individuals, businesses, and unions to engage in political speech and recommends a system that instead relies upon an open, fair, and transparent contract bidding process.