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According to Bill Meierling, the new PR chief at the American Legislative Exchange Council, the spirit of glasnost is in the air over at ALEC HQ.

“We all acknowledge there were challenges in our past, but challenge oftentimes gives you the opportunity to be introspective and see what you can do differently, what you can do better, how you can better serve your constituents and your community,” said Bill Meierling........  Certainly, not all the secrecy is being lifted. As a nonprofit organization, ALEC is not required by federal law to disclose its members, and it continues not to do so, in part because of fears of harassment, the group says. “Tons of organizations don’t talk about their members for fear of political intimidation,” Meierling said.
The problem, you see, as that ALEC members are a persecuted minority, much like the NAACP in 1950s Alabama. Never mind that by any reasonable definition, ALEC's legislative members are public figures.  Never mind that defending the integrity of the democratic process is   quite arguably the definition of a "compelling state interest."

Actually, strike all that.  If Meierling wants to talk about the past, explain this.  How is it that ALEC is owning up to its secretive "past," when the group published full task force membership lists and the text of all model legislation until 1995?

ALEC Used to Be More Transparent

Cover ALEC 1995 Sourcebook

Between 1979 and 1995, ALEC produced a series of  "Legislative Sourcebooks."  In these Sourcebooks, ALEC published their all their model legislation and the membership of all their task forces.  In order to save space, I've posted a copy of the listing for the "State Sovereignty" task force below.  

Again, how exactly is ALEC owning up to its secretive past, if it's less transparent now than it was twenty years ago?

ALEC's Class of 1995

These Sourcebooks are rare, but they do exist.  A number of state libraries have copies, most likely due to donation from legislative members. I got my hands on copies of both volumes several years ago.  Since then, I've been putting together a spreadsheet about ALEC's class of 1995.  The idea was to try to determine the partisan makeup of the group then, and to figure out where these 1995 members have ended up now. There are a number of limitations.  All the information I have was collected from internet searches. I know that this means that there will be gaps, but that's something I lacked the resources to avoid. Nonetheless, it's revealing, and documents leaked this year allow some comparison.

Getting started, something like 1/5th of ALEC members in 1995 were Democrats.

And these Democratic members came from a number of states. Below, the more red the state, the higher the proportion of ALEC members who were Democrats in 1995.

ALEC had, and probably has, influence in states where state politics has been dominated by democrats. West Virginia. Louisiana, and Arkansas stick out like sore thumbs showing that a lot of southern Democrats were ALEC members.  But....  Massachusetts, Connecticut, Delaware, Hawaii, and Oregon show that this wasn't only a Southern problem.

Back in 1995, ALEC had 1121 members in state legislatures.  After the Tea Party wave in 2011 elections, ALEC membership had nearly doubled to 2200 members. To give some context, this means that in 1995 about 17% of state legislators belonged to ALEC.  The numbers leaked for 2013, show that membership declined just over 1800 members, or 25% of state legislators.

Because the membership figures leaked in 2013 don't actually name names, we don't know what the present partisan makeup of ALEC's public members is.  But, we can get an interesting take on where ALEC has gained influence since 1995. And, where it has lost it.

In the 1990s, ALEC was strongest in the West.  But, it had members in a number of states.

A number of states are grayed out here, because I can't read the 2013 numbers.  But....  the trend is clear. ALEC lost influence in the Northeast, and West Coast, while picking it up in the South and Southwest.

The trend is even clearer when you look at the change in total membership between 1995 and 2013. Nationally membership increased 61% between 1995 and 2013.  With the exception of Washington, Wisconsin, and Iowa no state outside the Mountain West and deep South saw an increase on this magnitude. (A note about Iowa and South Dakota.  In both states all legislators are members of ALEC, because the state automatically pays their membership fees.) The image ALEC promotes of itself as a neutral, nationwide organization starts to fall apart when you have actual numbers to look at. We don't have the numbers on 2013 partisan makeup, but it it's clear the states in which membership has increased that the organization has probably grown even more partisan than it was in 1995. Moreover, when you have the numbers by states, it's clear ALEC is increasingly a Southern organization, mired in the politics of states rights and nullification.

No less than three ALEC bills aim to rewrite the US Constitution in order to codify nullification, aiming to:

1. Permit "repeal of any federal law or regulation by a vote of two thirds of the state legislatures."
2. "nullify federal laws and regulations in such cases as the states deem that the federal government has exceeded the limits of its authority;"
3. Prohibit "the federal government from imposing regulations and mandates upon the States."

The Takeaway

ALEC is less transparent now than it was in 1995, despite its protests that it is opening up.  ALEC's transformation into a group increasingly dependent on membership from the South, and its adoption of what can only be called neo-confederate model legislation promoting nullification, are at odds with the public image the group has promoted of itself as a neutral organization with a diverse, nation-wide membership.  Why is ALEC less transparent now than in 1995?

At one level it's a matter of technology.  Before the internet, password protected websites and cloud storage didn't exist.   Which meant that ALEC's communication with its members was via physical mail subject to state disclosure laws.  State disclosure laws have fallen behind the advance in technology, allowing the group to operate without fear of disclosure.

But, at another level, ALEC's lack of transparency isn't about technology.  Technology is amoral, but the agenda that ALEC is pushing is immoral.  The lack of disclosure permitted by technology means that until recently ALEC's legislative and corporate members didn't have to worry about the public knowing what the hell they were up to, let alone who they were. The leak of ALEC's model legislation in 2011 let the cat out of the bag on model legislation.  ALEC's 2013 decision to open its previously closed model legislation database only put their website model legislation that was already available to the public.  

If ALEC wants to prove to the public that it's transparent, it should disclose the full membership of its task forces, as it did until 1995. At the very least, Mr. Meierling should stop talking about how ALEC is owning up to its secretive past until the group is willing the be at least as transparent as it was in the past.

Originally posted to ManfromMiddletown on Mon Dec 30, 2013 at 03:12 AM PST.

Also republished by Community Spotlight and American Legislative Transparency Project.

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Comment Preferences

  •  I'm headed to the gym (5+ / 0-)

    but I will be back to answer questions later this morning.

    http://www.economicpopulist.org

    by ManfromMiddletown on Mon Dec 30, 2013 at 03:13:30 AM PST

    •  ALEC PROMISES MORE Transparency (2+ / 0-)
      Recommended by:
      JVolvo, MartyM

      Did you happen to catch the Politico article where ALEC claims more transparency in the future by posting all their model legislation on line from now on?

      I don't believe it for a second, and instead think ALEC will keep its secrets but did think it was a clear sign they are feeling the pressure.

      http://www.politico.com/...

      Collect Different Days

      by Homers24 on Mon Dec 30, 2013 at 11:32:47 AM PST

      [ Parent ]

  •  Republished to American Legislative (6+ / 0-)
    Recommended by:
    ask, elwior, VetGrl, JVolvo, psnyder, MartyM

    Transparency Project.

    Republicans are like alligators. All mouth and no ears.

    by Ohiodem1 on Mon Dec 30, 2013 at 07:07:58 AM PST

  •  Can you blame them? (5+ / 0-)
    Recommended by:
    NM Ray, ask, elwior, Calamity Jean, JVolvo

    If your super evil plan to conquer the world was in danger of being revealed, you'd be less transparent too.

    Early to rise and early to bed Makes a man healthy, wealthy, and dead. --Not Benjamin Franklin

    by Boundegar on Mon Dec 30, 2013 at 07:23:59 AM PST

  •  just a reminder.... RW radio may be their most (4+ / 0-)
    Recommended by:
    VetGrl, rhauenstein, JVolvo, peptabysmal

    important tool, helping them push legislation, set up the pretext for it (years of voter fraud fraud, anti-immigration, racism, ACORN, etc. set up for voter ID laws for eg), work the primaries and elections, attack their opponents, work the media, creating made-to-order constituencies, etc.

    so with that many dem members ... it's sickening... it's clear RW radio is not just a preacher for the wing nut base.

    This is a list of 76 universities for Rush Limbaugh that endorse global warming denial, racism, sexism, and GOP lies by broadcasting sports on over 170 Limbaugh radio stations.

    by certainot on Mon Dec 30, 2013 at 08:48:23 AM PST

    •  Along with the Sourcebook (4+ / 0-)
      Recommended by:
      bunsk, Ohiodem1, JVolvo, certainot

      ALEC published a compilation of what they called "Legislative Issue Briefs" which were basically canned talking points.  Maybe even more than the model legislation, this allowed ALEC to have a huge degree of message control in state legislatures.  This is all inside lobbying, though.

      Back in the early 1990s, ALEC got the States Policy Network off the ground, so now you have dozens of think tanks in the states parroting the same talking points.  

      Again message control.

      Right wing talk radio didn't really take off until the early 1990s, during the Clinton administration.  To be totally honest, I think that right wing radio is of highly limited use as a tool.  Sure, it's useful for mobilizing the right wing faithful, but everyone know which way Rush swings.

      With the SPN, you have staff from groups like the Texas Public Policy Foundation writing up articles for mainstream magazines which parrot the talking points being generated by ALEC and the gang.  And few people are able to make the connection between these thinktanks with legitimate sounding names and the whole vast right wing conspiracy.  So you end up with people  repeating these talking points that got their start back with ALEC, supporting their legislative agenda, with out even realizing who they're quoting.  

      Again message control. And, because they are able to get ordinary people who wouldn't listen to talk radio to repeat all this they gain the appearance that they are merely following public opinion, instead of manipulating it.

      http://www.economicpopulist.org

      by ManfromMiddletown on Mon Dec 30, 2013 at 10:33:41 AM PST

      [ Parent ]

      •  i bet ALEC successes directly tie with RW radio pr (0+ / 0-)

        proliferation. if there's an way to map their legislative successes  since they started i think you'll find it meshes very well with the growth of RW radio. while they probably got most of their stations lined up early their ability to fill those hours with suitable trained talkers coordinated with the local/state think tanks has been growing over the last 20 years.

        the recent diary on GOP DEM polarization with the handy slider shows a direct relationship timing-wise. few periods in history show such polarization as happened the last 20 years. with control of the main local RW stations they had a big advantage in local elections and primaries- pushing through their preferred candidates- the ones who repeated the limbaugh hannity talking points (tea party) advanced and moderates were purged.

        it's a lot easier to get politicians to repeat the talking points and to push them along if there's a well timed and mobilized constituency to repeat the talking points at fundraisers and calls and emails. that's what all these 'scandals' and outrages are about.

        you'll find representatives from the main state think tanks doing regular guest appearances on local call in shows. in CO one of the main local talkers- jon caldera is the president (or was) of the independence institute. here in NM the main station has regular visits from one of the main guys at a main RW think tank. it happens all over the country and has been many years.

        RW radio stations are anchored by the same national guys doing the groundwork repetition and setting things up but local coordination and timing has been used to kick dem ass for 20 years.

        progressives often make the mistake of limiting RW radio influence to the die hards but in most parts of the country there are no free alts for politics while driving or working. possible as many as 40% of those ALEC megaphones piggyback our college sports mascots for community cred. the secondary effects are huge- people spreading the talking points to family and coworkers and friends.

        if ALEC successes skyrocketed since the early 90s you wouldn't have to look much further than the local and state radio stations. if there's a graph of ALEC successes i'd love to see it.

        This is a list of 76 universities for Rush Limbaugh that endorse global warming denial, racism, sexism, and GOP lies by broadcasting sports on over 170 Limbaugh radio stations.

        by certainot on Mon Dec 30, 2013 at 06:03:17 PM PST

        [ Parent ]

  •  the word is leaking out re: ALEC (2+ / 0-)
    Recommended by:
    Ohiodem1, JVolvo

      A couple of years ago - the name ALEC was pretty much unknown.   I was somewhat amazed that Politico had an article on it's page yesterday - which site ALEC in title.

       Does that mean ALEC has broken through to mainstream  - I don't know, but the more that it is written about, the better.

  •  ALEC And Drug Testing Laws (2+ / 0-)

    I'm sure the ALEC Transparency Project has already covered this but as state and county officials begin to push back against the new laws to drug test welfare recipients as a waste of time and money ALEC is being exposed as the author of those laws. That's just a little more daylight they can't really stand.

    Collect Different Days

    by Homers24 on Mon Dec 30, 2013 at 03:34:58 PM PST

  •  Kochroaches Can Only Operate Safely In The Dark (0+ / 0-)

    spreading their filth and disease now that people are on to the billionaire oil Kochroaches' American Legislative Exchange Council's (ALEC's) work to subvert representative democracy and replace it with plutocratic fascism/corporate kleptocracy/idiocracy.

    ALEC = "New & Improved" John Birch Society on $teroid$

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