Skip to main content

Interview with John Bonifaz, Expert on Democracy and Voting Rights




John Bonifaz is a lawyer who uses his knowledge of the US Constitution to make sure people can vote and that their vote counts. He has co-founded two organizations: Free Speech for People, where he serves as president, and the National Voting Rights Institute. He believes it hurts our democracy to have wealthy individuals and corporations influencing and distorting elections. In 1999, he received a MacArthur Fellowship, also known as a “genius” grant, for his work on voting rights. (That’s the same award Lin Manuel Miranda received in 2015!)




You’ve founded two organizations focused on laws that relate to voting, the National Voting Rights Institute and Free Speech for People. Can you compare their areas of focus and approach?


I founded the National Voting Rights Institute in 1994 with the primary initial focus on challenging our nation’s campaign finance system as the newest barrier to our right to vote. Former Constitutional Law Professor Jamie Raskin – now Congressman Jamie Raskin of Maryland – and I had co-authored two law review articles arguing that the current system of big money in politics operates as an exclusionary “wealth primary” which blocks non-wealthy voters and candidates from equal and meaningful participation in the political process, in violation of the Equal Protection Clause of the Fourteenth Amendment to the US Constitution. We litigated several wealth primary cases at the National Voting Rights Institute, and we led a new fight in the courts for revisiting the US Supreme Court’s 1976 ruling in Buckley v. Valeo which equated money with speech and sanctioned unlimited campaign spending in our elections.

I co-founded Free Speech For People with attorney Jeff Clements in 2010 on the day of the US Supreme Court’s ruling in Citizens United v. FEC to challenge the decision and the doctrines underlying the decision both through a constitutional amendment campaign and through a campaign in the courts. We have served as a leading force on both fronts to confront big money in politics and unchecked corporate power and, since January 2017, we have also led new initiatives to challenge the unprecedented corruption of the presidency. While the National Voting Rights Institute focused primarily on litigation work, Free Speech For People, in addition to litigation, has also engaged in public education and organizing work to advance its overall mission. And, while the National Voting Rights Institute did not press for a constitutional amendment to overturn the Buckley ruling, Free Speech For People has catalyzed and led a national campaign for a 28th Amendment which would overturn both the Citizens United and Buckley rulings and reclaim our democracy.



Think back to when you were in middle school. What did you think you’d be doing with your life? Did you know you’d be going to law school? When and how did you decide to use your law degree in this way?

When I was in middle school, I did not know I would want to go to law school. However, I did become active in social change work at that time. I started a chapter at my school of a national network called Children’s Campaign for Nuclear Disarmament, and we organized in support of a freeze on the making of nuclear weapons. I knew I wanted to be involved in social change work starting at that time, but I did not know the direction that work would take me. In fact, during high school I was initially focused on wanting to be a journalist.

I decided in my third year of law school that I wanted to use my law degree in the way I have been using it since that time. I knew going into law school that I wanted to be a public interest lawyer, but in the summer prior to my third year in law school, I learned of a memorandum written by activists from various social change movements who had come together for a conference in Waveland, Mississippi in 1990 to discuss and strategize how to confront the system of big money in politics. Dr. Gwen Patton, a longtime civil rights worker from Montgomery, Alabama, said at that conference: “We have fought and died for the right to vote. But what good is that right if we do not have candidates to vote for? Getting private money out of politics is the unfinished business of the Voting Rights Movement.”

Randy Kehler, a longtime peace and justice activist and a family friend, was one of the conveners of that conference, and he sent me a copy of the memorandum that emerged from that gathering which focused on the question Dr. Patton had raised. I decided then to focus my third-year paper in law school on that question of how we could challenge the system of big money in politics on voting rights grounds, which led to the two law review articles then-Professor Raskin and I co-authored – and which eventually led to my founding of the National Voting Rights Institute.


What can young people who are still not old enough to vote do to advance voting rights and/or make the world a better, more just place?

There are so many things young people can do in the field of voting rights and in the overall work to build a better world. First, the world needs young people to speak up and to demand to be heard. Young people are our future leaders. Even if you are too young to vote, you can still fight for the rights of all voters to participate in the electoral process on an equal basis.

Young people can study prior movements which included many young participants, such as the Civil Rights Movement. Young people can hold educational events in their schools on voting rights issues, write letters to the local newspaper, contact your Members of Congress, state legislators, and local elected officials, show up at marches seeking to protect and defend our democracy, organize such marches, start a group that will continue to work on these issues, contact other groups that are doing the same thing and build new alliances, invite speakers to your school who can help support your educational and organizing work, ask your teachers to cover these subjects in their classes, and so much more. And, young people can do this not just on voting rights issues, but on any issue, from climate change to education, health care to economic justice, questions of war and peace, and many other issues impacting our communities, our nation, and our world.

There is power in people coming together to fight for change, and that power is all the more inspiring when young people are doing it and making it happen.


Do you think President Trump might be impeached?

I think Trump will be impeached if enough people from all over the country rise up and demand that it happen. Right now, too many people are silent on the impeachment question – or, even worse, they think that we do not have enough evidence to justify impeachment proceedings. The evidence of Trump’s abuse of power and abuse of the public trust is overwhelming – and for those reading your blog who want to learn more, they can go to the homepage of our website www.freespeechforpeople.org to access a new extensive analysis on the legal grounds for an impeachment investigation of Trump. If we believe in our Constitution and our democracy, if we believe in the fundamental principle that no one is above the law, not even the President of the United States, then we must stand up together to confront this constitutional crisis and demand that our Members of Congress start impeachment proceedings now against this president.

Comments

Popular posts from this blog

My Letter to Hillary

Dear Hillary Clinton, My name is Elena, and I am 12 years old. I currently live in California, and am in the seventh grade. I have been a tremendous fan of yours since 2008 when you ran against President Obama in the Primary Election. My parents would gather the family, (then just my Mother, Father and I) and sit in front of a very old antenna TV to watch the Democratic debates and convention. I’d like to think that I, only 4 years old at the time, would speak with them intelligently about the political issues being addressed among the candidates, but it was not so. I barely understood what half your words meant, much less the importance of the event taking place on the screen. It all sounded awfully boring to four year old me, but I didn’t care. I liked to watch. Why? Because I thought you were great. Of course, I didn’t understand how great at the time, but pretty great. Great enough for me to sit at the table and draw detailed pictures of you in your orange pantsuit. ...

Stress Among High School High-Achievers: Filmmaker Debbie Lum on "Try Harder!"

Everybody in the San Francisco Bay Area knows about Lowell High School. Founded in 1856 and the alma mater of Broadway star Carol Channing, scientist Dian Fossey, and Supreme Court Justice Stephen Breyer, Lowell is among California’s highest-ranked public high schools. Up until 2020, eighth graders seeking admission to this academic magnet school needed near-perfect grades and high scores on either the California-administered standardized test or the Lowell entrance exam. When I was admitted to Lowell as an eighth grader, I was ecstatic. It felt like a major achievement. In the end, however, I chose to attend a very different kind of school. My boarding school is just as selective as Lowell (the acceptance rate is in the single digits) but it has less than 250 students — tiny compared to Lowell, which has nearly 3,000. The demographics are different, too. While my school is predominantly white and wealthy (I’m part of a small cohort of Latino students on scholarship), Lowell is 59% As...

Modern Day Abolitionist Nancy O'Malley

Alameda County District Attorney Nancy O’Malley was recently awarded the Modern Day Abolitionist Award from San Francisco Collaborative Against Human Trafficking (SFCAHT). During a recent online video interview, she told me about her involvement in human trafficking, her career, and her advice for young change-makers. How did you first become interested in fighting human trafficking? When I was a young prosecutor in 1996, I was assigned a case that involved a 12-year old girl who had been sexually assaulted and raped by a 50-year-old man.  She started telling me her story and told me she had a 39-year-old boyfriend who took her out on the streets of Oakland and was selling her eight or 10 times in a night. When the police found her, the 50 year old man who had paid to have sex with her had raped her.  That’s when I realized she was talking about trafficking. We didn’t even have a law in California then. That’s how I first learned about it. I started get...