Writing public financing legislation for any level of government and for passage through legislative enactment or the initiative process involves consideration of many critical policy issues. There are a growing number of resources to developing workable, strategic, and legal public funding legislation. The focus of this guide is to complement, not replace those resources. In particular, this guide does not replace obtaining legal review of a draft ordinance.

“Consult an attorney early and often,” says Deborah Goldberg of the Brennan Center for Justice. “Often we’re asked to review draft language that has problems that are hard to fix because the legislation is so far along. Asking us to review key policy decisions before beginning to write an ordinance would be helpful, and then seeking review throughout the drafting process is a way to ensure a strong proposal.”

This guide discusses key policy questions facing activists as they write their own policies or work with elected officials on preparing public funding campaign finance reform legislation. Using this guide early in the policy development process helps clarify the range of policy issues that need to be addressed and how they interact.

The author’s experience has been on developing an Oregon ballot measure for legislative and statewide partisan races (ballot measure 6 that was unsuccessful on the 2000 ballot) and assisting in the policy development of Portland’s public funding ordinance for city, nonpartisan races. Based on this work, it is clear that public funding policy development is not a “one size fits all” proposition. The focus of this guide is to identify and discuss different policy issues, not with the goal of providing “one answer,” but rather to provide a process and key points to consider in crafting legislation best suited for your political jurisdiction. On some topics recommendations are made; regarding other issues different options are presented for your consideration.

The guide also provides a tool, a policy grid, for getting feedback on key policy issues before turning your ideas over to an attorney for actual bill drafting. Feedback on critical policy points should come from lawyers familiar with your political jurisdiction’s election laws and state constitution as well as from legal resources familiar with public financing reform strategies like the Brennan Center and National Voting Rights Institute. For example, it is very important that public financing legislation doesn’t violate existing state or local laws.

For many the policy grid is easier to read than draft legislation so it is also helpful in gathering early feedback from potential allies and enlisting early support for a reform effort. The policy grid doesn’t replace reviewing legislative drafts and final bill language with allies, but it can be a helpful education and coalition-building tool.

It is also important to realize that policy development doesn’t end with drafting legislation. Once enacted, agency staff will develop administrative rules. It is important for advocates to monitor and participate in such rulemaking and this guide is also intended to be helpful in that phase of crafting effective reform.
The focus of this guide is on full public funding legislation. Appendix 1 outlines important criteria to consider if developing a partial public funding or matching funds reform proposal. The sample policy grid was a step in the development of the Portland public funding ordinance, so it provides an example of applying full public funding reform for non-partisan city level at-large elections. It should not be considered a template for state legislation or legislation pertaining to partisan races.

POLICY DEVELOPMENT RESOURCES
Four resources deserve immediate mention. Keeping It Clean provides a helpful overview of public financing options including general recommendations to ensure success. Using Writing Reform, Clean Money Comparisons, and Where to Get the Money along with this guide is recommended.

Writing Reform: A Guide to Draft State and Local Campaign Finance Laws
2004 Revised Edition; Deborah Goldberg; Editor Brennan Center for Justice at NYU School of Law (web address)

Clean Money Comparisons: Summaries of Full Public Funding Programs
Summer 2006; Janice Thompson; Public Campaign; (web address)

Public Financing of Elections: Where to Get the Money?
July 2003; Center for Governmental Studies; (web address)

Keeping It Clean: Public Financing in American Elections
2006; Steven M. Levin; Center for Governmental Studies; (web address)