In recent years, Arkansas' appellate judicial elections have been under attack by out-of-state interests. These groups spend enormous sums of money to influence appellate judicial elections--sums that dwarf any campaign funds the candidate could raise--often with messages that are a deceptive or an outright misrepresentation of our judiciary.
The spending by these Independent Expenditure Committees carry the moniker "dark money" because the source of the money raised by the committees remains secret.
Protection of our system of justice and the integrity of the judiciary is part of the mission of the Arkansas Bar Association. In 2016, our House of Delegates affirmed a recommendation by a bar task force to make efforts to ensure Arkansas voters had information sufficient to make informed decisions in judicial elections. House Bill 1705 is a product of that effort.
According to Secretary of State and FCC records, in 2018, candidates spent $139,101 on television advertising, while these out-of-state groups spent $2,055,655. Independent Expenditure Committees accounted for 69 percent, 48 percent, and 94 percent of all television spending for Arkansas Supreme Court elections in 2014, 2016, and 2018, respectively.
This does not even consider the spending on direct mail and other efforts to influence Arkansas appellate judicial elections.
Opponents of House Bill 1705 claim it will have a chilling effect on free speech. That is simply not true. The bill does not limit the amount of money these groups may spend on advertising. It does not prevent anyone from undertaking legitimate efforts to educate the public about candidates through voter guides. In fact, HB1705 does not even require that the messages be truthful, only that the public know who is behind the speech.
House Bill 1705 simply holds these groups to the same disclosure standards required of ordinary Arkansans in our appellate judicial campaigns.
Justice Louis D. Brandeis famously said, "sunlight is said to be the best of disinfectants." HB1705 seeks to bring these dark money groups into the sunlight.
Independent Expenditure Committees remain free to spend as much money as they choose. They remain free to speak in any manner, in any medium, they choose. However, with the passage of House Bill 1705, voters will know who is trying to influence their vote.
The election of judges to Arkansas' highest courts should not be subject to special interests' secretive, and often deceptive, efforts to influence Arkansas voters.
House Bill 1705 adds transparency to our judicial elections. It will allow voters to know who is spending millions of dollars to influence appellate judicial races. There is a reason these groups desire secrecy. Arkansas voters are well equipped to judge the messages if they know who the messenger is and if there is a special-interest agenda at work.
Our General Assembly has an opportunity to say that our courts are not for sale. They belong to the people of Arkansas. Please call your legislators and ask them to support House Bill 1705.
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Suzanne Clark is president of the Arkansas Bar Association and founder of Clark Law Firm PLLC in Fayetteville.
Editorial on 03/18/2019