Candidate Survey on Democracy and Corporate Rights 2006
As a candidate running for office in the state of Ohio, you are no doubt aware of the power and influence that business corporations possess to shape public policy through their political influence. Business corporations do more than produce useful goods and services. Increasingly, due to constitutional and legal "judge-made" rules, they govern.
Such corporate constitutional rights affect the ability of citizens to govern themselves directly and through their elected representatives. Given this context, we ask that you respond to the following questions.
Candidate Name: Bob Fritrakis Office: Governor
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
No. All corporations should be barred from contributing money to donating money to political campaigns. if I’m elected governor I will immediately introduce legislation barring any corporate contributions to political candidates or issues. If the legislature fails to act, I will begin a ballot initiative.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Yes. Since the State grants their corporate charters, the state should require that their books be open. If elected I will pursue legislation that opens corporate accounting as well as appoint and empower the State Inspector General to investigate that financial viability of corporations that offer questionable financialreporting.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
I believe in relocalization and community control including the rights of communities to restrict trash and toxic waste from coming into their communities. Moreover, i would bar the importation of outside trash and toxics from coming into Ohio. If elected i would propose strict legislation forbidding the importation of out of state trash and toxics and through the Ohio EPA, empower local communities to handle their own trash problems.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Yes. I believe corporations are legal fictions created by bad law and legal rulings. Natural persons deserve greater rights and control over unnatural and artificial entities. If elected I will introduce legislation that creates community, worker and stakeholder seats on every transnational corporate board in Ohio.
Candidate Name: Bill Pierce Office: Governor
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
No. I want an Ohio law that says contributions must be by check or credit card, only from individuals, and must be disclosed immediately.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
No. (Nothing more than what is required to administer taxes.)
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
The corporate or individual owner of toxic waste must be held accountable for all discharges. It may be necessary to require insurance so owners can’t skip out on liability by declaring bankruptcy. The owner of the land that receives the waste must agree to it, of course. Does the remainder of the community have any special rights? No, if the waste is truly confined. Yes, if there is a risk of affecting other properties.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Natural people do have some additional rights (voting). I would have to look at situations case by case. The corporation serves useful economic functions. Problems arise from the intersection of political and economic (sometimes corporate) power. The most direct way to solve these problems is to keep government small and transparent.
Candidate Name: Tim Kettler Office: Secretary of State
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
No. As a candidate for Secretary of State, it is my perspective that it is far past time to reign in corporate influence on our elections system. I am a supporter of publicly financed elections when funds are distributed equitably to all federal and statewide candidates meeting a reasonable threshold for qualification. Public financing of campaigns contributes directly to an inclusive, representative, and transparent system. The Secretary of State is charged with engaging and empowering participation of the voting public and any qualified Ohio citizen desiring to participate in the process. Eliminating corporate financing/influence serves that mission. Due to provisions of HB 3 the actions of the Secretary of State in regard to petition initiatives and constitutional amendment petitions are now restricted and rightfully so. However, the Secretary of State does oversee the granting of corporate charters and has the duty to protect the interests of the public, not simply rubber stamp business’ desire for unfettered growth.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Yes. Ohio law provides for certain guarantees for corporations legally conducting business in Ohio. Ownership of trademarks, patents, corporate names and specific identities, intellectual property, and the right to earn a profit are protected through a charter granted by the Secretary of State’s office. Ohio citizens have a right to reasonable expectations of some level of quid pro quo for these protections, and specifically, that those corporations operate in the best interests of the public. The ability of the public to challenge corporate abuse has been weakened over time, and I would be interested in exploring new and available avenues on behalf of Ohio’s citizens to reclaim a level playing field.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
No. The growing trend to grant rights to corporations that trump those historically reserved for people are particularly apparent in international trade law, and law governing interstate commerce. Corporations should be held accountable for certain egregious acts both legal and illegal, and the Secretary of State should, in the performance of his duty, take these actions into consideration in determining the fitness of a corporation wishing to or currently doing business in Ohio. Local action taken to protect a community’s wishes must be encouraged and supported by the Secretary of State.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Yes. As an advocate the Secretary of State has a powerful position from which to speak in matters concerning corporate responsibility. It is time to re-examine the erosion of rights of Ohioans in respect to corporate accountability and to promote public awareness that detrimental trade law is a case of “Think Globally, Act Locally” and recognize that all politics is local. Although the Secretary of State is restricted in participation of certain ballot efforts, encouraging public participation in local democratic actions and the petition initiative process is well within the scope of his/her duties. The foundation of responsive and responsible government is citizen participation. Empowering Ohio’s citizens to share in the responsibility of self-governance through inclusive, representative and transparent election reform brings strength to the growing movement for corporate accountability. The local petition initiative process may be the most effective tool to accomplish this and must be encouraged by the Secretary of State. Challenges to the restrictive provisions of HB 3 in regards to the petition initiative and voter registration processes must be supported.
Candidate Name: John Eastman Office: Secretary of State
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
Our system of government is supposed to be “of the people, by the people and for the people.” In my view the term “people” means living, flesh-and-blood human beings, not “artificial persons” be they corporations, trusts, partnerships, or other created entities. I believe corporations and other “artificial persons” have no place in the elections process either directly or indirectly. The human beings that run corporations already have more financial resources than the average citizen to influence elections as individuals without giving them double power by also using the corporate checkbook. If elected Secretary of State, I will be recommending changes to the current laws that allow such corporate influence of elections, and I will be shining a spotlight on this issue.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Corporations and other created entities exist only by virtue of the laws enacted to allow and regulate their existence. Therefore, laws concerning public examination of corporate financial books are completely within the power and authority of government. As Secretary of State, I will review existing laws to determine what powers currently exist for ensuring the accuracy and truthfulness of corporate books and will enforce such laws as are within the office of the Secretary of State. Where there are deficiencies for protecting the public trust, I will recommend legislation and bring the issue to the public attention.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
This is not an issue that relates to the office of Secretary of State. I have taken the stand that the Secretary of State should remain impartial on issues that don’t affect the duties of the office.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
I believe that constitutional rights reside only with human beings and not with artificial “persons” such as corporations. Constitutional rights were designed to protect people from the tyranny of government. Corporations and other so-called “artificial persons” are creations of government for the benefit of society and, as such, should have only those privileges are always secondary to the constitutional rights of the people. If elected Secretary of State, I will review existing laws and recommend such changes as are appropriate to the office of Secretary of State.
Candidate Name: Dennis Kucinich Office: Representative, 10th U.S. Congressional District
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
I support public financing of campaigns and elections, with appropriate limits on individual contributions and prohibitions on corporate contributions.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
I do support the right to examine the financial books of corporations. All people benefit: shareholders, customers, workers, citizens.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
I am following with interest the case brought by the District of Columbia relating to the transfer of toxic materials through the nation’s capital. I support the position of the DC City Council – states ought to be able to bar toxic shipments for the purpose of protecting the public. I oppose the railroad’s position that the interstate commerce clause trumps all else. I would like to see a Justice department that supported these efforts of states.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
I think it is regrettable that corporations are regarded as equals of humans by the courts. I do not think that corporations ought to have a right to speech or association, or any of the other rights accorded individuals. Overturning the court’s decisions and supporting a constitutional amendment, are both things I support doing.
Candidate Name: Lewis Katz Office: Representative, 14th U.S. Congressional District
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
No. I will support campaign finance reform legislation to limit corporate investment in campaigns.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Yes. I will support such legislation.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
No
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Absolutely. I have worked for 40 years promoting individual rights. I will do so if elected.
Candidate Name: Werner Lange Office: Representative, U.S. 14th Congressional District
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
Absolutely Not. I would initiate/pass legislation which would operationally and legally define political money (i.e. campaign donations/investments) as commercial property and strictly regulate it with the functional equivalent of zoning laws regarding all commercial property; in other words, I would zone political campaigns as an arena/area where the presence of private money is impermissible, as a factory is currently impermissible within an area zoned for residential use only. Simultaneously, I would initiate/pass national Clean Money reform making all campaigns for public office funded strictly and solely by public funds. Until that happy day arrives, there needs to be democratization of campaign funding laws making large donations illegal.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Absolutely Yes. I would initiate/pass the equivalent of an open records law for corporations making financial books available for public inspection upon bona fide request. I would also outlaw the revolving door practice between corporations and governmental regulatory agencies such as the SEC. I would also vastly strengthen laws and law enforcement against corporate crime and rid our society of a dysfunctional double standard between crimes in the street and crimes in the suites.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
Absolutely Not. I would initiate/pass legislation which would outlaw interstate transportation of toxic waste; radically reduce the production of toxic waste through a variety of carrot/stick policies targeting corporations that still include toxic waste outcomes as part of their production process; and impose severe penalties, including withdrawal of license to operate, upon all corporations which pollute the environment. Beyond this, corporations should not be allowed to abandon communities which have sustained them without paying corporate alimony, i.e. the equivalent of the total cost of all public services used by that corporation during their time of operation in a community they abandon for cheaper labor elsewhere.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Absolutely Yes. I would initiate/pass legislation which would outlaw the definition and/or treatment of corporations as “natural persons” with constitutional rights granted only to citizens. In a democracy, We The People are sovereign; elected officials are public servants; and corporations are created and allowed to operate only at the will of the people exercised through their democratically elected representatives in government. To make the created more powerful than their creator is to reverse the order of nature and undermine the order of society.
Candidate Name: Mike Foley Office: Ohio House, 14th District
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
I believe in publicly funded elections - I don’t believe corporations should be able to contribute to campaigns.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Yes, I believe that public officials should have the right to examine corporation’s books and I fought for this in HUD mark to market regulations over the years with tenants at CTO and with other tenant groups throughout the country.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
No. I’m not sure, but would look to groups working on the issue for advice.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
Yes, and would look to groups working on the issue for advice.
In general, I support diminishing corporate power in our country, however, I don’t believe it is as easy as writing a law and putting it to a vote. There has to be a strong base of support beneath politicians willing to stand up to corporate power.
Candidate Name: Tom Shaw Office: Representative, U.S. 16th Congressional District
1. Do you believe corporations should be allowed, directly or through corporate-sponsored political action committees, to donate to or invest in political candidates or issue campaigns? (Note: at one time in Ohio, they couldn’t.) If not, what do you specifically plan to do about this if elected?
I support campaign finance reform--as a Congressman, I will do that at the national level and also support similar efforts in Columbus.
2. Do you believe public officials should have the right to examine the financial books of corporations (i.e., to prevent future Enrons and/or to assess the true profits of oil companies)? If so, what do you specifically plan to do about this if elected?
Sadly, any power can be easily abused, whether it be the power of corporations to deceive shareholders or the power of public officials claiming to act in the name of the public good. Transparency and accountability are what are needed in Columbus and in Washington D.C. We who claim to act on behalf of the public must be accountable to the public to the degree we also want publicly held companies (such as the Enrons and oil companies) also to be accountable to the public.
3. Do you believe corporations should have the right to move toxic trash into communities from another state if people in those communities don’t want it? If not, what do you specifically plan to do about this if elected?
I do not believe that corporations should have the right to move toxic trash to other states. Toxic trash needs to be dealt with and treated, not shuffled around from one place to another. If elected, I will support efforts that protect the environment from toxic waste and support work to pass legislation that requires companies to clean up after themselves.
4. Do you believe people should have greater legal and constitutional rights than business corporations? (Note: at one time in Ohio, they did). If so, what do you specifically plan to do about this if elected?
I believe that America shines brightest when it functions as a a government of the people, by the people, and for the people. Our Constitution vests governance in the people, not businesses. Legal and constitutional responsibilities and rights rest with the people, not corporations. When we lose sight of this, our democracy and our country suffer. “Corporate Constitutional rights” are not spoken of in our nation’s Constitution or in our nation’s Declaration of Independence.
