Do Politicos Need an Election Ethics Code?
Recently, members of the American Association of Political Consultants (AAPC) met in Washington, DC to meet, drink, eat and swap stories growing out of the midterm elections. The group also honored three deserving members---Morris Dees, Roger Craver and my old buddy and Republican sparring partner, Ed Rollins---by installing them in the “Political Consultants Hall of Fame”.
That happy occasion cannot, however, erase the sad fact that each election cycle provides examples of why political consultants are widely disparaged: increasingly, campaign ads, tactics and rhetoric grow more coarse, more irresponsible, and more damaging to our civic institutions. Consultants defend such tactics because “they work”. So did Agent Orange.
The 2010 campaign for Governor of Maine provided a clear and compelling example of what’s wrong with the practice of politics today. As the independent candidacy of Eliot Cutler (a friend to whom I contributed both money and advice), gathered momentum, partisan fire from both Democratic and Republican foes intensified. Some of the fire was simply part of the game and was regarded as such. But some of it was clearly out-of-bounds.
One source of attacks on Eliot was a website called “The Cutler Files”, which appeared suddenly, without any disclaimer as to its backers, and no identification of its authors. The Maine Ethics in Government Commission was called upon to investigate and to report its findings, which it did -- well after the election!
In January, the Maine Sunday Telegram wrote that, “Shortly after the Cutler Files made its debut at the end of August, the Cutler campaign filed a complaint with the ethics commission, citing state law that requires a website promoting the defeat of a candidate to disclose who is providing the information. The Cutler camp was right, it turned out, and the commission slapped [Dennis] Bailey with the maximum fine allowed by law, $200.”
Maine has a long and rich tradition of producing honest, capable and highly respected public servants: Ed Muskie, Bill Cohen, and George Mitchell among them. One name stands out in particular: Margaret Chase Smith, who as a member of the U.S. Senate in the 1950s was perhaps the single most critical player in the drive to censure her Republican colleague, Joseph McCarthy, for his reckless and scandalous attacks on fellow Americans. Ms Smith’s principled approach to politics is worth remembering -- and emulating -- today.
And that brings me back to my friends and colleagues in AAPC. Several years ago the association adopted, and still maintains, a professional code of ethics. Practicing political consultants are expected to abide by the code; compliance is -- theoretically at least -- a requirement of membership. Among the code’s pledges are these:
- I will not indulge in any activity which would corrupt or degrade the practice of political consulting
- I will refrain from false or misleading attacks on an opponent or member of his or her family and will do everything in my power to prevent others from using such tactics.
- I will document accurately and fully any criticism of an opponent or his or her record.
- I will be honest in my relationship with the news media and candidly answer questions when I have the authority to do so.
- I will use any funds I receive from my clients, or on behalf of my clients, only for those purposes invoiced in writing.
- I will not support any individual or organization which resorts to practices forbidden by this code.
The persons responsible for The Cutler Files, we now know, were political consultant Dennis Bailey and Thom Rhoads, husband of Rosa Scarcelli -- an unsuccessful candidate in the Democratic gubernatorial primary and Mr. Bailey’s client. Bailey’s involvement in the sorry episode, which he initially denied, was first uncovered by the press before the election and confirmed by the Maine Ethics Commission after it. Bailey has since owned up to these facts, but not to their scurrilous intent or their unfortunate consequences (Cutler came within a couple of percentage points of a dramatic, come-from-behind victory).
Maybe AAPC can be persuaded to create a “Political Consultants Hall of Shame.” It would be good for the profession, and for the country.
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