New York's latest cycle of corruption and promises of reform reveals a disturbing nexus of elections, government and the criminal justice system.
It appears that unbeknownst to voters and his fellow legislators, Assemblyman Nelson Castro won re-election while under indictment, wired, and doing undercover work for law enforcement. How will the revelation that your fellow Assembly member may be wired impact on the legislative process? What else — personal or political — was recorded?
The U.S. attorney's job is to prosecute. The reform of our political process is ours. In my view, the best antidote to corruption is democracy.
The process by which the Republican Party determines who can run in its primary is a good example. Under New York's election laws, Democratic state Sen. Malcolm Smith could run in the Republican mayoral primary, but only with the permission of three of the five Republican county chairs in New York City. Smith is alleged to have bribed some of the gatekeepers to obtain passage through the gateway.
There are two kinds of reforms: those that make prosecution easier and the penalties higher; and those that address structural weaknesses in our political process that breed corruption.
I am wary of the first — its deterrence appeal notwithstanding. Gov. Andrew Cuomo has proposed to make it a crime for a government employee to fail to report bribery.
"When it comes to public integrity" Mr. Cuomo said "you can't have enough police officers on the beat, right? You can't have enough sets of eyes."
What values are sacrificed here? What other regimes have taken that approach?
The reforms that aim to restructure the political process also bear scrutiny. Advocates of campaign finance reform call for extending New York City's system of public funding statewide. What's the logic here? The Republican Party scandal took place in New York City, and the money used in the alleged bribes likely was intended for personal use. Others advocate doing away with so-called member items, where legislative leaders dole out money to cooperative legislators to fund projects in their districts.
These "cures," in my opinion, do not go far enough and ignore the role of political parties in fostering the corrupt culture. The speaker or majority leader of each legislative body is the leader of his or her party caucus. Withholding of member items is a powerful tool in enforcing party discipline.
Campaign finance reform, as presently constituted, also reinforces party power. The New York City public funding program provides money for a primary and, if the candidate wins, another infusion of money for the general election. Those who do not run in primaries — usually independent and minor party candidates — get only one dose of funding
There is a solution. If you eliminate the "gateway," no one can charge a candidate to pass through it. That's what nonpartisan municipal elections would do. Perhaps the single positive thing to come out of this scandal is a renewed call by Mayor Michael Bloomberg, the Citizens Union and the New York City Independence Party to replace party primaries with a nonpartisan system.
There are other pro-democracy reforms like term limits, same-day voter registration and early voting that reduce the power of incumbency and break the hold of the parties on primary outcomes. Turnout is low in party primary elections. And New York's closed partisan primaries, that allow only party members to participate, make elected officials beholden to narrow ideologies and powerful special interests.
Given the value of a party line under this system, it increases the possibilities for corruption.
The fight against corruption is the fight to expand democracy.
Harry Kresky is counsel to the New York City Independence Party and chairs the Election Law Committee of the New York County Lawyers Association.