A Plan to Clean Up Delaware

From legislation that favors special interests to land use decisions affecting communities, the outsized role of money in Delaware politics undermines the public’s trust in government. There is understandable frustration that a $600 or $1,200 check from a special interest often grants undue access and influence at the expense of the public interest. Despite multiple scandals and numerous calls for reform, including the 2013 recommendations from Independent Counsel Veasey, reform efforts have largely stalled in Dover.

Together, we will change this and restore confidence in government by:

Ending the pay-to-play culture

Ban all corporate and LLC contributions. Delaware should join the 21 states and the federal government which have all banned corporate donations. Being the corporate capital of the world, doesn’t mean we have to allow corporate capital into our elections.

Ban contributions from entities with business before any level of government.

Campaign contributions from entities with business before the government have the appearance of legalized bribery. This includes contractors, grant seekers, or lobbyists with active business. Our government should serve the people. No backroom deals. It’s that simple. Like other states, we should at least ban donations from lobbyists during legislative sessions, so cash is not trading hands as bills are being considered. Politicians shouldn’t appear to be for sale.

Level the playing field for regular people.

We can reduce candidates’ reliance on begging for contributions from large donors by following the lead of 14 states and 26 municipalities that have matching fund programs to incent small-dollar, grassroots donations. This has been proven to elect people from more diverse backgrounds and reward engagement with the community. The cost of these programs is miniscule: less than one-fifteenth of one percent of the state operating budget.

Reform Public Action Committees.

Unlike federal PACs, Delaware PACs have no contribution limits, insufficient disclosure requirements, and little oversight of reports – all of which leads to massive infusions of often untraceable cash. While fully eliminating PACs would be preferable, it would not likely withstand court scrutiny given recent U.S. Supreme Court decisions. PACs should have an individual contribution limit of $1,200 and be limited to individuals who do not have business before the government. PACs should be required to accurately state their purpose, which should be verified based upon actual expenditures, and should be required to fulfill their reporting requirements around individual expenditures. Any PACs found in violation of these requirements should be suspended from operating until they are brought into compliance.

Stop the revolving door. Close the revolving door by implementing stricter regulations to prevent former government officials from becoming lobbyists immediately after leaving office. This will ensure that our leaders are working for the public interest, not for private lobbyists looking to peddle special interests.  

Expanding Transparency

Require mandatory review of all reports.

As proposed by Rep. Morrison’s HB 292, the State Board of Elections should review all campaign finance reports to determine whether violations occurred, such as accepting donations greater than the legal limits, ledgers that do not balance, and expenditures that mask the true nature of purchases. The results of these reviews must be publicly available and should require that candidates link their campaign accounts to the state reporting system to verify the accuracy of aggregate reported balances, as required in several other states.

Require full disclosure of identifying information on all contributions. 

The public has the right to know the true source of campaign contributions. By passing HB 291 (Rep. Morrison), the General Assembly took an important step this year by requiring that individual donors disclose their employers to uncover potential straw donations. While we should fully ban corporate/LLC contributions, we must at a minimum require disclosure of all owners and addresses. Under our current system, a donor can make up multiple anonymous companies and send several campaign checks to get around contribution limits with virtually no scrutiny. Loopholes leave us vulnerable to political exploitation. Let’s close them.

Modernize the campaign finance database for public access. 

Our system needs greater transparency. Improving the interface and functionality of the online database maintained by the state board of elections will allow voters to more easily review campaign finances as they are reported. 

Move to quarterly reports. 

Right now, campaigns only report their finances at the beginning of the year and then again within 30 days of the election – after some ballots have already reached voters’ mailboxes. Candidates can skirt the rules with questionable contributions and expenditures without accountability. Voters deserve all information when casting their ballot. 

Increasing Oversight & Accountability

Create an Office of Inspector General.

Delaware needs an independent entity to investigate fraud, waste, and abuse. Just as in other areas of state government, the Public Integrity Commission is resource-starved, toothless, and should be folded into a newly constituted Office of Inspector General, as envisioned in legislation by Sen. Sturgeon. An OIG should have full investigative authority to evaluate potential violations of campaign finance law and be required to refer cases of significant misrepresentation or financial misconduct to the attorney general’s office for review. 

Eliminate abuses that obfuscate public disclosure.

Require campaigns to make expenditures using resources in the campaign account and not personal credit cards that prevent the public from having an accurate picture of campaign expenditures. Ensure that all campaign loans are documented before any funds are expended, with the terms of the loan, repayment schedules, and the source of funds. 

Increase fines and penalties for non-compliance.

Deliberate misrepresentation and non-compliance with campaign finance laws necessitate penalties. Filing expenditure reports with false information, misreporting payments, or failing to disclose required information by state reporting deadlines should face higher consequences.

Establish confidential reporting channels.

A whistleblower program can offer legal protections and incentives for individuals who report violations of campaign finance laws. Reports of misconduct should be investigated thoroughly, and whistleblowers should be guarded from retaliation.

When we put integrity first, we do right by Delaware. We can fix our schools and enact universal pre-K. We can modernize our economy and bring more jobs and investment into our state. We can crack down on corporate price gouging and lower healthcare costs. And we can be a leader on climate action and pass the most innovative laws in the country. But first, we must restore public trust in government.