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Delaware has changed the law regarding campaign finance disclosure. The Commissioner of Elections, Elaine Manlove, has been traveling the state today soliciting comments before finalizing those regulations. My concerns focused on some new sign disclosure requirements. As I read the law, Ms Manlove has some discretion on how this portion of the law is implemented. See Title 15, Chapter 80, Section 8021 (c). There were about a dozen people present at the Kent County hearing. Here is a transcript of my remarks.
My name is Jess McVay.
I was the Libertarian Party candidate for governor in the last
election. I would like to express some
concerns about the new regulations in regards to the new requirements for
signs.
Before I begin to address what I consider to be some unreasonable
specifics and dubious benefits of the proposed rules, I'd like to ask a few
questions to clarify your intentions. On
the Commissioner of Elections website, in the Frequently Asked Questions
section is the following entry:
"Do we have to put the words "Paid for by Committee or Person's name" on our campaign signs or radio ads?
The Delaware Attorney General has ruled that identifying the purchaser on campaign materials is no longer required as a result of court cases involving the right to "pure political speech".
Radio ads are governed by the Federal Communication Commission. For rules governing these ads you may contact the radio station where you want to purchase advertising."
So what has changed that you now mandate the disclosure
when previously, you specifically stated that legal opinion had rendered that
requirement void?
Another question: You
clearly intend signs to be included in these regulations, and not just
billboards as you refer to a category between 8-1/2" x 11" and
24" x 36". And yet you
stipulate that the rules apply only to advertisements with a fair market value
of $500 or more. Am I missing something? What kind of yard sign/roadside sign costs
more than $500. Are you demanding that
we purchase in smaller quantities so as to keep the total under $500? What exactly is your intention here?
What about homemade signs? It's a bit of an effort to cut out a template
that says McVay for Governor, but it can be done in about an hour, and the
short message allows for a large font and a legible sign, even if homemade. Having to add "Paid for by Committee to
Elect Jess McVay" renders the concept of a homemade sign a little more
challenging if not totally out of the question.
That puts a burden on candidates of moderate means. I believe that is an unreasonable burden.
And what of practicality?
An 18" x 24" sign that says McVay for Governor will be easily
readable at a distance, say by a driver on the road. The 12 point font disclosure will not be
readable. Why require it? Make that a moving car, and we're lucky if
the main message will get it's point across.
Furthermore, is the information useful.
Doe's anybody really care who erected or paid for the sign? Candidate committee or PAC? I would think the burden of showing a benefit
for the new rules lies with you. Please
tell me who benefits? It strikes me as
one more hoop for a candidate to jump through to make the process more confusing
so less people will participate. For
that reason, and the difficulty of producing the homemade signs, I'd say it disproportionately
disadvantages candidates from smaller parties or challengers within the major
parties. That is anti democratic. If you're not rich, or don't have rich
donors, don't participate in the process.
That's not a good message.
The bottom line is, I don't see a need for this added
disclosure. On written materials or
radio and TV ads, the burden is minimal, but still unnecessary. But for signage, I fail to see any practical
benefit at all, and the new rules will act to disenfranchise many would be
candidates.
Thank you.
Jess McVay
