The numbers are in and, as expected, Pennsylvania has broken its own fundraising records. Four candidates -Democrats Seamus McCaffery and Debra Todd and Republicans Mike Krancer and Maureen Lally-Green -- for two open seats on the Pennsylvania Supreme Court raised a combined total of $6,670,538. Each candidate raised well over one million dollars.
There was a flurry of fundraising in the weeks leading up to and directly following the election: $1,273,588 was raised in this period alone. Interestingly, Debra Todd, who had been lagging behind the other candidates all year raised more than half a million dollars to cross the million dollar mark. A good portion of this funding came in the form of loans made to her campaign -- loans made by Todd herself and her husband. She joined top fund-raiser Seamus McCaffery, who raised a total of $2,267,776, in winning the election.
| Pennsylvania Supreme Court Election 2007 – Campaign Fundraising | |||||||
| Cash Contributions by Cycle | |||||||
| Cycle 1 | Cycle 2 | Cycle 3 | Cycle 4 | Cycle 5 | Cycle 6 | Cycle 7 | |
|---|---|---|---|---|---|---|---|
| McCaffery | $235,669.73 | $288,965.00 | $204,180.00 | $325,006.47 | $854,359.43 | $315,560.00 | $18,660.53 |
| Todd | $50,400.00 | $144,465.00 | $144,775.00 | $370,871.68 | $222,500.00 | $528,530.00 | $129,592.00 |
| Lally-Green | $63,625.00 | $187,112.50 | $119,920.00 | $458,475.44 | $349,970.00 | $95,838.57 | $250.00 |
| Krancer | $136,000.00 | $212,005.00 | $340,850.00 | $327,375.00 | $360,425.00 | $333,660.00 | $11,354.40 |
| Total through Cycle 7 | |
|---|---|
| McCaffery | $2,267,776.03* |
| Todd | $1,591,133.68 |
| Lally-Green | $1,275,191.51 |
| Krancer | $1,721,669.40 |
| TOTAL = $6,855,770.62 | |
* Includes $25,374.87 leftover from 2005 campaign
Who Funded These Campaigns?
Much of the money raised by three of the candidates running for election came from lawyers and law firms; plaintiffs' trial lawyers were particularly big givers this election. Unions also were big contributors, especially to the Democratic candidates. All of these entities litigate frequently in state courts. Nothing requires that a judge or justice recuse from a case when a campaign contributor is a party or represents a party. Research shows that such campaign contributions diminish the public's confidence in the ability of our judges to be fair and impartial.
Mike Krancer's campaign was largely funded by himself and his family. Although this reduces the concern about improper influence by or favoritism toward campaign contributors, it perpetuates the public perception that to run for judge - especially the statewide office of Supreme Court justice - one must be independently wealthy or able to rely on the wealth of one's family.
The $6,670,538 does not include "in-kind contributions" received by the candidates' campaigns. These contributions, which can really add up, include donated postage, transportation, media buying, and any other non-cash donations. The reported value of such contributions to the candidates amounted to $990,708. Campaigns assess inconsistent dollar amounts to in-kind contributions so it is not possible to precisely quantify the value of such contributions. However, adding the reported totals to the cash contributions results in a combined total fundraising of $7,846,478 by the candidates.
| In-Kind Total | Total through Cycle 7 w/ In-Kind | |
|---|---|---|
| McCaffery | $72,574.75 | $2,340,350.78 |
| Todd | $20,468.01 | $1,611,601.69 |
| Lally-Green | $499.273.14 | $1,774,664.65 |
| Krancer | $398,192.21 | $2,119,861.61 |
| TOTAL = $7,846,478.73** |
** Note that these numbers reflect funds and services donated directly to the campaigns. They do not include services donated to or monies spent by third parties.
The numbers above reflect only the money contributed directly to the candidates' campaigns. It does not include money expended by political parties and third party groups that campaign or electioneer without donating directly to the candidate. Although these groups are also required to register and file expenditure statements with the state, it is difficult to accurately quantify this soft money. It is especially complicated this year because of expenditures in the days leading up to the election by an out- of-state organization that bought $1.2 million worth of television advertising lauding one of the candidates. This organization claims it is not required to register with the state or file financial disclosure statements because its expenditures did not constitute electioneering. Litigation regarding this is ongoing.
Enough is Enough
The fact remains that $7,846,478 reflects only the tip of the iceberg of money that was raised and spent on the election for two new Pennsylvania Supreme Court justices. We expect that the cost of a seat on the Pennsylvania Supreme Court will only continue to rise. And candidates will be forced to turn to the "usual suspects" to fund their campaigns.
It is time to break this cycle of future judges and justices funding their campaigns from wealthy relatives, lawyers and entities likely to be in court. It's time to get judges out of the fundraising business altogether. The only way to do that is to change the way we select judges. The system that eliminates the need for judicial candidates to raise funds and that focuses on the candidates' qualifications and experience is merit selection.
