Gotham Gazette

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Open Government

Open Government

Opening the GOP Primary


With presidential primary season set to begin in about six weeks, candidates are busy securing their place on primary ballots across the country. In New York, getting on the ballot in primary elections or as a so-called minor party candidate in general elections has long been notoriously difficult.

The rules were particularly daunting for prospective candidates in the Republican presidential primary. But following an uproar in 2000, things seem to have changed. With new requirements designed to make getting on the Republican ballot in New York easier, one wonders whether Stephen Colbert could have made it onto the ballot if he had chosen to run in New York rather than South Carolina.

State political parties set the rules for how a candidate can get his or her name on the primary election ballot, meaning candidates must be sure to fulfill the ballot requirements of each state. In one state a candidate may only have to garner national media attention to be listed on the ballot, while others may require candidates to collect signatures of voters from their party. This means a candidate may be on the ballot in California but missing from it in New York. Not only does access to the ballot vary across the country, but it also differs between the different political parties within any given state.

The Democratic and Republican parties in New York set the requirements for presidential candidates and party delegates. Democratic candidates have to collect 5,000 signatures statewide to secure a place on the New York Democratic ballot. That requirement has changed little over the years. However, the Republican Party instituted some dramatic changes to its rules resulting in what some advocates hope will be a more open ballot in the future.

The GOP Labyrinth

During the last Republican primary in New York, in 2000 (President George W. Bush did not face a primary challenge in 2004), presidential candidates technically did not appear on the ballot themselves. Republicans voted for three delegates and alternates in each of the 31 congressional districts. Each delegate’s name on the ballot was placed next to the name of the presidential candidate to whom they were committed. The meant candidates seeking the Republican nomination in New York had to ensure that at least one of the party delegates on the primary ballot in each district in the state was committed to his campaign. In order to get a delegate on the ballot, each “delegate-candidate” had to collect the signatures of either 1,000 Republicans or 0.5 percent of registered Republicans in that district, whichever was less. The candidate also was required to collect 5,000 Republican signatures statewide.

New York drew national attention when in 2000 it appeared that presidential candidate John McCain might not get on the Republican ballot. A campaigner for McCain mistakenly wrote the wrong house numbers for the addresses of two signers. Because of the mistake, their signatures were deemed invalid and McCain fell one signature short of the required minimum to remain on the ballot. Eventually a judge ordered that McCain delegates appear on the ballot. But, since voters chose delegates, not their preferred presidential candidate, Bush was able to capitalize on having prominent Republicans as his delegates and won handily.

Coordinating a campaign centered on securing ballot space for delegates in each district rather than the individual candidate statewide can be daunting for challengers without the resources the party can provide to its selected candidate. In districts with a small number of Republican voters, it can be nearly impossible to obtain the necessary number of signatures because the rules prohibit people from signing more than one petition.

Opening the Ballot

After the 2000 elections, New York Republicans changed the ballot access laws to make the process more open. Today, Republican presidential candidates have three different ways to obtain a place on the ballot for the February 5 primary. They can appear on the ballot if they qualify to receive public matching campaign funds, collect 5,000 signatures statewide or if the State Board of Elections Commissioners determines that they are a nationally recognized candidate in the media. In addition, on primary day, Republicans will vote for the presidential candidate himself, not the delegates they represent.

Advocates of more open ballots hope that relieving candidates of the burden of securing delegates space on the ballot, along with providing three different avenues to get on the ballot, will provide more choices for voters on primary day. “States often use high petition signature and filing fee requirements to limit ballot access and thus constrain the choices of voters. Signature and fee requirements for all candidates must be reasonable to ensure that voters have a real choice and are not simply rubber stamping the picks of party leaders,” said Chris Dreibelbis, communication director of The Reform Institute, a public policy group that evaluates state ballot access laws. “The post-2000 changes instituted by the New York Republican Party are a marked improvement from the previous highly restrictive rules.”

The Reform Institute gave New York an “F” rating in 2004 for the state’s ballot access requirements and is set to release an updated evaluation of all 50 states’ ballot access laws by the end of the year

However, candidates are not ensured a smooth ride. Easier ballot access also aims at cutting down on cases where small margins of invalid signatures decide the fate of a candidate. Despite this, candidates will probably mount challenges in an effort to force some opponents off the ballot. As election lawyers from all sides review petition signatures with a fine-tooth comb in attempts to purge invalid signatures, minor challenges are likely. Procedural changes may reduce the number of needless challenges, but in the race for the presidency no rock goes unturned.

The results of the changes in the Republican primary rules will be more apparent after county hearings on ballot challenges are held in December. So far, though, it appears that New York Republicans are looking at the most democratic procedure to select a presidential candidate in decades.

Does this mean any Tom, Dick and Harry can get on the ballot? No. Would Colbert have made it on the ballot? Who knows?  

 

 

 

 

 

 

 

 

 

 

 

 

Testing Fails the Arts


As New York City public schools begin to receive new funds from the state as part of the agreement in the long-standing Campaign for Fiscal Equity lawsuit, schools will undoubtedly face enormous pressure to improve scores on standardized tests. This is understandable, but should not come at the expense of social studies, foreign languages, physical education -- and the arts. All of these make for a well-rounded education but are not measured on standardized tests.

While the "Contracts for Excellence" recently agreed to with the state forgo the funding for additional standardized tests that the Bloomberg administration had sought, the bulk of the funds -- $442 million -- are not governed by these agreements. And the $248 million that they represent is a very small part of the city's $19 billion budget for public schools.

The Department of Education had to come to terms with the governor and so earmark funds to reduce class size and improve training for teachers and principals. Similarly, one would hope that decision-makers will also begin to rethink the emphasis placed on standardized testing in reading and math.

While the drive toward accountability and the focus on reporting is well intentioned, the over-reliance on standardizing testing has been met with growing public criticism. In fact, the recently released Department of Education Progress Reports and their assigned letter grades to schools, have left many parents and school communities scratching their heads, while others are just plain angry. (See related story)

An 'Incomplete' for the Report Cards

What strikes many observers is how narrow the reporting scheme for the Progress Reports developed by the Department of Education is. The major portion of a school's score, 85 percent, came down to how well students did on two standardized tests, the state math and English language arts multiple-choice exams. While these are indeed very important measures, relying too heavily on them and penalizing those schools and principals that receive failing grades, ultimately cheats our students and our city. What is more, many people fail to understand the relationship between the Progress Reports and Quality Reviews issued for each school, the latter of which consider a much wider array of data.

While both the Department of Education and the federal government identify the arts as vital to a good education, the grades -- and the standardized testing approach -- fail to acknowledge the central role subjects beyond reading and math play in a child's education. Arts education may very well be the "incomplete" in these report cards.

After the recent release of the Progress Reports, a vice principal at I.S. 318 told the New York Sun that his school would not give in to the pressure to up its "grade" from a B to an A. "We … care about the test, but not enough to sacrifice … art, music, chess, robotics - just to make sure they get a better or equal score than they got the year before," he said. More test prep, according to the principal, would leave students bored, not stronger learners.

What this administrator understands is that test prep, often called "drill and kill," has its limits. Parents know it too. They want a well-rounded education for their children, and that may be why some send their children to private schools or flee the city to enroll their children in suburban schools.

The Importance of the Arts

Multiple studies show that learning in the arts enhances learning in other subject areas and contributes to a student's overall development. In addition to the skills taught in the individual arts disciplines -- visual art, dance, music and drama -- the arts provide students with unique opportunities to work collaboratively, to develop creative and critical thinking skills, to solve problems and develop innovative solutions -- all 21st century skills that employers in New York City and around the world want.

In fact, a national poll released in early November by Harris Interactive, an independent research company, showed that 83 percent of people earning $150,000 or more had a music education.

In New York City, arguably the arts capital of the world, the arts in our public schools have only recently begun to recover from the devastating budget cuts of the 1970s. The scarce data that exists indicates that more New York City public school students have access to arts education now than they did 25 years ago. In 1991, only one-third of the schools indicated having at least one arts specialist, but in 2006, according to a Department of Education study, two thirds of the schools reported having at least one full or part-time arts specialist. Evidence also indicates that school partnerships with cultural organizations have expanded, although children living outside of Manhattan are half as likely to go to a school with such a partnership as those in Manhattan.

There is still, however, a long way to go to restoring arts education for all of New York's 1.1 million public school students. According to the Department of Education's parent survey for the 2006-2007 school year, 41 percent of parents surveyed say their children receive zero arts education. A 2006 department study found that hundreds of schools did not have a single certified arts teacher. Other studies have indicated that, even in schools where arts are offered, only a fraction of the students receive the instruction.

Recognizing the value of arts, New York State in 1996 developed a minimum set of state requirements that, if adhered to, would be an improvement on the current instruction in the arts. The city has also developed a "Blueprint for Teaching and Learning in the Arts" that emphasizes arts instruction. However, it is no secret that principals and teachers are feeling the squeeze to sacrifice the elements of an education that do not directly relate to what appears on standardized tests.

The Department of Education has also launched ArtsCount, with a focus on holding principals accountable for meeting the minimum state requirements in arts education. It is not at all clear how ArtsCount, which is separate from the well-publicized school report cards, will ensure that every child receives the minimum arts education required by New York State. Moreover, many people remain skeptical of the department. The school system has, after all, eliminated Project Arts, the only real guarantee, a financial guarantee, that no matter what else happened, there would be funding for arts education for every single child in every public school.

In this age of high stakes testing and accountability, a focus on the arts is more important than ever. Fortunately, New York State has set minimum state requirements that all public schools across the state must meet for the arts. However, this minimum is little more than a starting point, as all it requires in the critical middle and high school years is a total of two years of arts. As a matter of equity and of access, the city should redouble efforts to ensure that all New York City public schools at the very minimum meet these requirements and provide a high quality well-rounded education to every child in the city.

Richard Kessler is the executive director of the Center for Arts Education, a not-for-profit organization committed to restoring, stimulating, and sustaining quality arts education as an essential part of every child's education.

 

 

Stated Meeting: Restricting Council Ads


Members of the City Council can say goodbye to their "Merry Christmas" or "Happy Hanukkah" holiday greetings in local media. Under new rules approved by the City Council at its stated meeting on Thursday, members will no longer be able to give well wishes in the local media at the taxpayer's expense, which some groups contend only boosts a member's visibility and serves no public purpose.

The council also approved a resolution that opposes new regulations by the Bush administration that place income restrictions on a children's health insurance program. It also approved an extension of a housing rehabilitation program.

Adding Up Ads

The new advertising restrictions are in response to a report by Citizens Union, a good government group and sister organization to Gotham Gazette's publisher - the Citizens Union Foundation. The report, released last month, revealed members of the City Council spent more than $780,000 on advertisements from 2002 to 2006.

The group took issue with the ads because they are paid for with taxpayer dollars and are primarily congratulatory and political in nature. Some said the ads could boost members' political prospects, upping their chances for a re-election bid or for higher office by enhancing their visibility.

The day the report was released, Council Speaker Christine Quinn said she would propose changes to prevent the use of taxpayer funds to purchase ads that served no public purpose.

The revised rules (Reso. 1168) prohibit members from buying ads in local media that merely wish constituents a happy holiday or are entirely congratulatory - which comprised the bulk of advertisements examined in the Citizens Union report. The new rules also ban advertisements in organizational newsletters, journals or bulletins, which some contend could persuade that group or constituency to support a certain council member.

The only advertisements council members will be allowed to take out will be announcements for town hall meetings or for government-sponsored events. Quinn said she expected all members to comply with the new regulations, adding that a copy of the ad or a detailed description along with its invoice would be needed to receive public funding.

"The issue that was raised was not that the council members were not following the rules," said Quinn. "The issue was there were no rules."

Prior to the rule chance, council members had paid for the advertisements out of their individual budgets, which top approximately $300,000 annually. The council approved the change by a vote of 48 to 1, with Councilmember Helen Foster dissenting. According to the Citizens Union report, however, Foster did not spend any money on ads.

Foster said she did not support the proposal, because she believes the council should proactively legislate, not reactively. Even if she did decide to place an ad, Foster said she did not want it subject to approval from the speaker's office.

"I was elected by a community and the part of the legislation that it requires approval by the speakers designee has me as an elected answering to a (employee) of the speaker," said Foster.

Extending Housing Incentives

The council also approved extending an affordable housing program that provides tax breaks for property owners in exchange for building improvements. The program was set to expire this year and has now been extended to 2011.

The bills (Intro 525) and (Intro 526), were approved by a vote of 48 to 0, with Councilmember Gale Brewer abstaining.

Brewer said she abstained because the program, though improved, still harbored several loopholes. Among them, she said, some residents could lose their rent stabilization if the affordable housing program was not renewed at their building. Some of these loopholes, Brewer added, need to be closed in Albany.

Landlords can receive the tax benefit if they make improvements such as the installation or replacement of heating, plumbing or roofing systems, wiring, windows and elevators.

Children's Health Insurance

When the federal Centers for Medicare and Medicaid Services decided to turn down New York State's application to expand a popular child health insurance program, Gov. Eliot Spitzer, along with the leaders of Maryland, Illinois and Washington, decided to file a lawsuit.

Thanks to new restrictions by the federal government, states cannot expand children's insurance programs, known here as Child Health Plus, unless they can enroll 95 percent of children below 200 percent of the poverty line. That high level, officials in New York say, is nearly impossible to achieve.

The state was attempting to expand its program eligibility to children 400 percent of the poverty line or below. For a family of four, that is an annual income of $83,000.

In order for Quinn to file an amicus brief in support of the state's actions, the City Council must approve a resolution. The council unanimously approved the resolution, (Reso. 1151) by a vote of 49 to 0.

Empire Zone Extension

The council also approved the inclusion of a Long Island City business within a state Empire Zone - an area that can receive tax breaks and incentives -that is two miles away. The bill (Intro 626) was approved 49 to 0.

The business, Bimmy's LLC, is an airport food supply company, and it will be required to create jobs to receive state approval.

Office of Administrative Tax Appeals

The council voted 49 to 0 to consolidate the offices of Tax Appeals Tribunal and the Tax Commission, creating the Office of Administrative Tax Appeals.

The bill (Intro 597-A) will better reflect the body's independence from the Department of Finance, city officials said.

 



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