2012 Elections
The grim future of campaign finance
The immediate reform fight is not about stopping the flow of money, but rather securing mere disclosure
Supreme Court Justice Anthony Kennedy, who wrote the majority decision in the Citizens United case (Credit: AP/Evan Vucci) It’s not even the general election season, and we’re already seeing the electoral process dominated by super PACs, funded with unlimited donations and protected by a paper-thin veil of “independence.”
The super PACs operating in the GOP primary have managed to delay disclosing their donors until next month, but the identities of who funded these groups will be public. Groups in a different category — those that don’t ever disclose donors — haven’t started operating in any prominent way, but you can be sure they will in the fall.
I’ve recently explored how we got to this point. But what about the prospects for reform of a system that so many are disillusioned with?
To learn about what’s going on, I spoke to Fred Wertheimer, the founder and president of Democracy 21, who has been working on campaign finance issues for more than three decades.
Huffington Post is reporting that a campaign finance bill is in the works in Congress – something similar to the DISCLOSE Act of 2010 — and that you worked on the bill. What can we expect from this effort by the Democrats?
It is designed to solve a series of problems. First of all, we had more than $135 million in secret contributions injected into the 2010 congressional races through tax-exempt groups that don’t disclose their donors. These are the 501(c)(4) advocacy groups and the 501(c)(6) business associations. This legislation, like the DISCLOSE Act, will ensure that donors giving money to groups that are spending it to influence elections are disclosed.
Second, we’ve had a serious problem with disclosure of super PACs in this election. From July 1 of last year to date, we’ve had no disclosure of the donors financing the super PACs and will not get any information until early February. That means we’ve had a number of very important primary and caucus contests with voters having no idea who is putting up millions of dollars that are spent to influence their votes. All of those disclosures will come in early February, after critical contests are already over. The legislation will fix the problems that have been created by untimely disclosure by super PACs in the 2012 presidential primary elections.
Third, it will require candidate-specific super PACs to have an official take responsibility for their ads and require the ads to list the top donors to the super PAC.
With the DISCLOSE Act in 2010, it passed the House and fell one vote short of overcoming a filibuster in the Senate. What are the prospects for this new bill once it gets introduced?
The legislation this time will only have disclosure provisions and will not include a number of the nondisclosure provisions that were in the bill in the last Congress and that drew various arguments by opponents who were in fact opposed to disclosure. So this is a powerful bill that is very hard to oppose on any kind of merit argument. It is focused only on disclosure, and it solves serious problems with disclosure by nonprofit groups and by super PACs which are playing such a major role in the elections. It’s going to be very hard to come up with arguments for voting against the bill. That’s not going to alone decide the battle, but it will focus the issue on basically one proposition: Should contributions being spent to influence elections be kept secret from the voters? Or do voters have a public right to know who is funding ads being run to influence their votes? We got a whole lot of arguments from opponents last time that didn’t address that basic question and had nothing to do with disclosure.
Last time, all the Democrats in the Senate voted to break a filibuster but we couldn’t get any Republicans. Democracy 21 and a number of other reform groups are going to work very hard to convince Republicans to vote for the new disclosure bill this time. Republicans traditionally have supported disclosure legislation, up until 2010 when politics took over. I’m not predicting what’s going to happen here, except to say that we have a stronger bill and a different dynamic this year with super PACs and the problems they have created front and center in the public’s mind.
The Senate is 53-47 right now, so you’ll need all the Democrats plus seven Republicans to get to the 60 vote threshold?
Yeah. And if it doesn’t pass this year, by the end of this year we are going to have a huge amount of secret money in our elections. And we will pursue this in the next Congress, when it will be even harder to oppose.
So let’s say this disclosure bill passes and becomes law, it really won’t stop the flow of money from the super-rich into the system?
No, it doesn’t. We are currently drafting legislation that would shut down the candidate-specific super PACs. By that I mean, the super PACs that are out there each focusing on one candidate, that are being run by surrogates of that candidate, and that are absurdly claiming to be PACs making “independent expenditures.”
How can those be shut down in the context of the Supreme Court rulings we have, including Citizens United?
The Supreme Court basically said that in order for this kind of unlimited money to be used to make campaign expenditures, the groups making them must be independent from the candidate. Citizens United did not in any way define independence. The Supreme Court in the past has used very broad language to define “independent” — that the groups must be totally independent, fully independent, not based on a wink and a nod from a candidate. The statutory language here about what constitutes coordination is broad, but the FEC has adopted a regulation that greatly narrows it. So we believe that you can define the meaning of “independent” in ways that can make clear that these candidate-specific super PACs, run by associates of the candidates, are not independent and therefore do not qualify to make these expenditures.
If that passed, though, wouldn’t that just bring us back to a 2004 situation, where, for example, the Swift Boat group was getting unlimited donations from individuals to go after John Kerry in TV ads?
Well, we filed complaints against the Swift Boats group and other groups in 2004, and the Federal Election Commission at that time found that they had operated illegally in the presidential campaign and fined them. The FEC findings of illegality would have prevented similar behavior in the future if we hadn’t run into the Supreme Court. However, even with the legislation we are drafting we still will have problems with super PACs that are not tied to specific candidates.
Beyond the legislation you’re thinking about drafting, is there some kind of long-term fix you have in mind? A robust public financing system perhaps?
Yes, also on our long-term agenda is empowering citizens to make small donations whose value will be multiplied by public funds. We think the longer term solution here is to provide a counterbalance to all of this influence money sloshing around in the system by literally overwhelming the system with small donations from citizens. In order to do that, we need to figure out how to master the power of the Internet in giving and raising small donations, and we have to provide incentives for these contributions, such as a 5-to-1 match for every contribution up to $200. The bottom line is, we need to be in a situation where candidates have an alternative way of financing their campaigns so they do not end up obligated to and dependent on influence-seeking money.
Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Obama: Born in Kenya? (No)
Updated: Right-wing hacks are again insisting that the president was born overseas, but say they aren't birthers
President Obama (Credit: AP/Pablo Martinez Monsivais) [Correction Appended] One of the Breitbart dopes has a SCOOP: Some sort of ancient press release says Barack Obama was born … in Kenya. IMPEACH. Retroactively install John McCain, we have so much Iran bombing to make up for.
This particular dope — Ben Shapiro, former boy-pundit Joel Pollak, some guy — says he is totally not a birther, at all, whatever gave you that idea, but it is very important that this forgotten old publicity pamphlet from a literary agent for a book project that never happened be unearthed and heavily hyped now, because the president was not properly “vetted” in 2008. (The idea that the president is a secret radical whose secret radicalism was not properly explored by the mainstream media is a stupid conspiracy theory that is almost as ridiculous as birtherism, by the way. We have proof that the president is not a secret radical leftist, and it is “his entire political career including his first term as president of the United States.”)
Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
Obama’s broken immigration promise
ICE said it would target dangerous immigrants, but it's actually deporting a higher percentage of non-criminals
A man in Ciudad Juarez, Mexico, stands next to the border fence as two U.S. law enforcement officers look on from the U.S. side of the fence. (Credit: AP/Raymundo Ruiz) The Obama administration claims that it is deporting record numbers of illegal immigrants while focusing on those with criminal records. But new data from Immigration and Customs Enforcement shows that the number of deportation orders has declined dramatically since last summer and non-criminals comprise a growing percentage of those expelled from the country.
That wasn’t supposed to happen under a policy of “prosecutorial discretion” announced by ICE director John Morton last June. The goal of the policy, announced with much fanfare in the Spanish language media, was to spare “longtime lawful residents” from deportation and to focus on criminals.
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
Colorado congressman: “Obama’s not an American”
A congressman renews the GOP's big lie, and reveals the party's true ideal: Male, rich, straight, white
Mike Coffman (Credit: AP/Ed Andrieski) Twenty-four hour news cycles are messy and chaotic, almost never fully summarizing the zeitgeist of the moment. But today is one of those rare days where the news cycle perfectly embodies the tectonic shifts in American politics — and the friction that comes from such shifts.
In the last day, we’ve learned that America has reached a demographic tipping point. For the first time in history, there are more minority births than white births in the United States, meaning we’re closer than ever to becoming a majority minority nation.
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David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
More Rev. Wright hate porn!
"The Defeat of Barack Hussein Obama" was designed to turn on one wealthy right-winger – and even he rejected it
Jeremiah Wright (Credit: AP/J. Scott Applewhite) On the one hand, it’s almost funny. Fred Davis, the man who created hilariously bad ads for losing 2010 Republicans — Carly Fiorina’s “Demon Sheep” and Christine O’Donnell’s “I am not a witch” — now wants cranky conservative billionaire Joe Ricketts to spend $10 million on an advertising campaign to take down Barack Obama. He’s teamed up with Whit Ayers, one of his collaborators on Jon Huntsman’s spectacularly terrible presidential run. Halfway through their description of “the Ricketts plan,” they describe themselves as “pirates.” Ay, matey, but are they after Obama’s booty – or Ricketts’?
Continue Reading CloseJoan Walsh is Salon's editor at large. More Joan Walsh.
Jon Huntsman for New York City mayor?
Yes, please. It would be very funny to see him lose
Yes, Jon Huntsman should definitely run for mayor of New York, because I never tire of watching Jon Huntsman get rejected by voters. The best part of a Jon Huntsman campaign is when his well-heeled supporters very sincerely and tragically argue that the fact that no one wants to vote for Jon Huntsman is a sign that the Republic itself is in peril. They would get so sad and melodramatic when he got 10 percent of the vote.
Now, there is no evidence that Jon Huntsman is planning for run for mayor of New York City, but one of his annoying daughters tossed this one out there last night:
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
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