2012 Elections
Congress can fix the Super PAC problem
The Florida primary shows why it's time end the farce of "independent" expenditures.
Super PACS: Brought to you by the Supreme Court (Credit: AP/Salon) Election junkies circled January 31st on their calendars months ago — but not because of Florida’s primary today, no matter how important it is to Mitt Romney and Newt Gingrich.
Tuesday’s real significance deals with Super PACs — it’s the day “independent” groups, dominating the 2012 election, must file their financial disclosures for the last six months.
Candidate-specific Super PACS — which can take unlimited sums from individuals and corporations, and likewise spend without limits — are like nothing seen in any previous election. They’ve eviscerated the post-Watergate contribution limits that Congress enacted to curb corruption, and they’ve hit the presidential campaign with the force of a freight train.
In Iowa, when Newt Gingrich became the latest Not-Romney to top the polls, it wasn’t Romney himself who led the counterattack. Instead, it was a Romney-backing Super PAC, Restore Our Future, that bloodied Gingrich with a $4 million barrage of attack ads. Romney reaped the benefit of the Super PAC’s scorched earth TV campaign, watching Gingrich stumble to a distant fourth-place finish.
Romney got a taste of his own medicine in South Carolina where, thanks to $10 million from casino mogul Sheldon Adelson and his wife, the pro-Gingrich Winning Our Future flooded the airwaves with a ferocious portrayal of Romney as a predatory capitalist. Just as in Iowa, the attacks worked.
Now the Super PACs have turned to Florida. Romney and his Super PAC blanketed the Sunshine State with more than $15 million of TV ads, outspending Team Gingrich five to one.
Super PACs are able to raise and spend these eye-popping totals because they’ve been given a free pass around the contribution limits that apply to candidates.
The Supreme Court paved the way. Countless pundits blame the Court’s decision two years ago in Citizens United v. FEC, but the full story is a bit more complicated. It ultimately leads to Buckley v. Valeo, a case decided 36 years ago Monday.
Buckley upheld the campaign contribution limits adopted in the wake of Watergate, but it simultaneously said Congress couldn’t limit campaign expenditures. The Court reasoned that Congress couldn’t stop candidates from spending their own money in campaigns, since politicians can’t be corrupted by their own bank accounts. The Court also held that Congress couldn’t limit the amounts spent by groups or individuals working independently of the campaigns, concluding that the lack of coordination eliminated concerns of quid pro quo corruption.
Three decades later, the Court in Citizens United extended Buckley’s prohibition on expenditure limits to corporations, reasoning that if independent spending by individuals couldn’t corrupt, neither could independent spending by companies.
Crucially, the Court’s decisions striking expenditure limits apply only to spending that is independent of candidates in reality, and not in name only. Under Buckley, to avoid limits, expenditures had to be “made totally independently of the candidate and his campaign.” In 2001, the Court reiterated that only expenditures made “without any candidate’s approval (or wink or nod)” are exempted from reasonable regulation. Citizens United, too, struck limits on independent corporate spending only because it was “[b]y definition . . . not coordinated with a candidate.”
Super PACs make a mockery of the idea of independence. As Elizabeth Drew wrote recently in the New York Review of Books, today, the “connections between . . . candidates and the Super PACs supporting them aren’t very well hidden.”
Comedians Stephen Colbert and Jon Stewart have had a field-day lampooning the absurdity of “coordinating without coordination.” And it hasn’t been hard: No one but a hair-splitting campaign finance lawyer could argue with a straight fact that the presidential Super PACs are “independent” of — and don’t coordinate with — the campaigns.
The candidate Super PACs were all established by former campaign advisors to the candidates. They are funded by friends and associates with close ties to the candidates (or, in the case of former candidate Jon Huntsman, by the candidate’s father). As election law expert Rick Hasen explained, Super PACs can do a lot that sure sounds like coordination, including soliciting funds, attending fundraisers, appearing in ads, and using the same lawyers — all without coordinating, and still legally claiming to be independent.
Mitt Romney — who has held private meetings with Restore our Future donors and appeared at one of the group’s fundraisers — basically conceded that group isn’t independent of his campaign, saying: “It’s not that I don’t support super PACs. We raise money for super PACs. We encourage super PACs. Each candidate has done that.” Newt Gingrich recently said that he’d “promised” his benefactor that he would defend “the United States and its allies,” for the millions of dollars the Adelsons gave Winning Our Future, a reassuring proposition for the vehemently pro-Israel Adelson. If Gingrich were elected president, how many other favors would $10 million buy?
We’ll see on January 31st what other deep-pocketed donors are currying favor with the candidates by donating to their Super PACs. That is, unless the donors choose to route their contributions through the shadowy non-profit groups (501[c]4’s) that have sprung up alongside the Super PACs, and that don’t have to disclose donors’ names. These groups let donors do their spending outside the public eye — even while they make sure the candidates know exactly who they are.
With the huge amounts of cash being funneled with a wink and a nod to groups that claim to be independent, scandal and corruption on the scale of Watergate is virtually certain. Erstwhile campaign reformer John McCain stated the obvious when he predicted that “there will be a major scandal associated with” the Super PACs he described as “disgraceful.”
There are countless ways the existing system of campaign finance should be reformed, but cleaning up Super PACs is an obvious first step. Congress should adopt common-sense rules that make terms like independence and coordination mean something. Super PACs that function as adjunct campaigns should be treated like what they are — and they should be subject to the same contribution limits as candidates. Putting candidates in charge of their own campaigns is the first step toward putting the public back in charge of democracy.
Romney releases birth certificate
Trump goes on another birther rant, and Mitt misspells "America." Wednesday's top political stories
FILE - In this Feb. 2, 2012, file photo, Donald Trump greets Republican presidential candidate and former Massachusetts Gov. Mitt Romney during a news conference in Las Vegas. Romney is set to clinch the Republican nomination for president on Tuesday with a win in the Texas primary, a feat of endurance for a candidate who came up short four years ago and watched this year as voters flirted with a carousel of front-runners before eventually warming to him. (AP Photo/Julie Jacobson, File) (Credit: AP) - Mitt Romney may just win this thing: Surprising no one, the candidate officially captured the last of the 1,144 delegates he needs to secure the GOP nomination last night in Texas, despite months of punditry about the possibility that the race could go all the way to the GOP convention.
But maybe Romney shouldn’t even bother. As Reuters reports, astrologists foresee that Obama will be reelected. Still, it may not be easy: “The ingress of Saturn into Scorpio may trouble him,” one said. “It won’t cost him the election, but it may indicate difficulties in the first half of his second term.”
Continue Reading CloseAlex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald. More Alex Seitz-Wald.
Florida purging voter rolls
Governor Rick Scott moves forward with a plan to disqualify thousands of mostly Hispanic and Democratic voters
Rick Scott (Credit: Reuters/Brendan McDermid) Hated Florida Governor Rick Scott has a great idea: A big, massive purge of the state’s voter roll right before a sure-to-be-close presidential election. The governor ordered his secretary of state to compile a list of registered voters who might not be citizens, based on an unreliable and out-of-date state motor vehicle administration database. The secretary of state made a list and then realized the list was not actually very useful or accurate. Then he resigned, and now Scott is just purging away.
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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.
Mitt Romney: Politics “like a sport”
What makes Mitt tick? The nominee says he likes politics because "I can't compete in competitive sports very well"
Republican presidential candidate and former Massachusetts Governor Mitt Romney gestures as he leaves a campaign event in Hillsborough, New Hampshire May 18, 2012. (Credit: Reuters/Jessica Rinaldi) Mitt Romney may have unintentionally opened a window onto his somewhat obscured motivations for running for president in an interview with the Wall Street Journal’s Peggy Noonan today, explaining that he likes sports, but isn’t very good at them, so he does politics instead.
Asked about whether he likes “the game” of politics, the presumed GOP nominee replied, “I like competition, and I think the game [of politics] is like a sport for old guys. I mean, you know, I can’t compete in competitive sports very well, but I can compete in politics, and there’s the — what was the old ABC ‘Wide World of Sports’ slogan? ‘The thrill of victory and the agony of defeat.’ The only difference is victory is still a thrill, but I don’t feel agony in loss.”
Continue Reading CloseAlex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald. More Alex Seitz-Wald.
Trump insinuates self into Romney campaign
How a toxic attention-seeker (not Newt) will likely end up speaking at the RNC
Businessman and real estate developer Donald Trump (L) greets Mitt Romney after endorsing his candidacy for president at the Trump Hotel in Las Vegas, Nevada February 2, 2012. (Credit: Reuters/Steve Marcus) So. Donald Trump again? Are we really doing this again? I guess we are!
There were stories, recently, in the usual places, about how Trump was being seriously considered for a major speech at the Republican Convention. I did not dwell on the story much, because I assumed that these rumors were a product of Donald Trump’s prodigious vanity and powerful imagination. Ha ha ha, sure, the Republicans will definitely want the stupid make-believe TV mogul who pretends to fire people for a living, at their big party.
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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.
“Battlefield Earth”: Romney vs. the Psychlos
The GOP's standard bearer calls L. Ron Hubbard's bizarro sci-fi epic his favorite novel. Is that cause for concern?
Republican presidential candidate and former Massachusetts Governor Mitt Romney reads a book to children in Manchester(Credit: Brian Snyder / Reuters) There’s a scene near the end of “Battlefield Earth,” Scientology founder L. Ron Hubbard’s 1982 science fiction epic, that may explain a bit of why Mitt Romney has said (most recently this week) that it’s his favorite novel.
Our hero, Jonnie Goodboy Tyler, has just finished taking down the Psychlo empire, which has ruled Earth for the past millennium and has dominated most of the known 16 universes for going on 300,000 years. Now Jonnie has to negotiate with the alien powers who are jockeying to fill the power vacuum left behind, and things aren’t looking so good for the human race.
Continue Reading CloseDaniel Oppenheimer's book "Turncoats: The Journey from Left to Right and How It’s Transformed America," a political and intellectual history of six prominent American intellectuals who journeyed from the left to the right of the political spectrum, will be published by Simon and Schuster More Daniel Oppenheimer.
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