Campaign Finance
The GOP’s new love of “dark money”
In 2000, it was Republicans like McCain and Castle -- not Democrats -- who were pushing for donor disclosures
Rep. Mike Castle and Sen. John McCain (Credit: Reuters/Wikipedia) Last month, when House Democrats introduced the DISCLOSE 2012 Act to try to stop the flow of secret “dark money” into the electoral process, it marked an ironic twist.
A decade ago, it was Republicans who were pushing for disclosure of donors to nonprofit social welfare groups who are now pouring millions into political attack ads and House Democrats who opposed them.
Now the parties have exchanged positions.
The groups in question are nonprofits known as 501(c)(4)s, after the section of the tax code that describes them.
The best-known of the newer c4′s are the Karl Rove-affiliated Crossroads GPS, which last year raised a $33 million war chest to support Republicans, and the Obama-affiliated Priorities USA, which is expected to play a similar role for the president. Like super PACs, c4′s can accept unlimited donations. But Super PACs have to reveal their donors; c4′s do not.
The 501(c)(4) category is not new. Many older interest groups (including some that engage in little or no political activity) are organized as social welfare groups, from the Sierra Club to the National Rifle Association. But the Supreme Court’s 2010 decision in the Citizens United case — a case filed by a c4 — eliminated restrictions on campaign activity by these social welfare groups and other types of corporations, taking their political spending to another level.
The legislative battle over donor disclosure in the summer of 2000 shows how history often repeats itself when it comes to campaign finance regulation and how the partisan divide was not always what it is today.
Social welfare groups came under scrutiny in 2000 when Congress, led by Sen. John McCain, R.-Ariz., sought to close a loophole involving 527s, other groups that were running campaign ads without revealing their donors. A pro-Bush 527 called Republicans for Clean Air had hammered McCain with $2.5 million in negative ads during the GOP presidential primary, which the senator ultimately lost.
In June 2000, a McCain-sponsored amendment passed the Senate that required 527s to disclose their donors. Then some House Republicans proposed extending the disclosure requirements to apply to 501 (c)(4), (5), and (6) organizations — social welfare groups, unions, and business trade associations, respectively.
“We need disclosure by section 527 organizations, but when 501(c) groups intervene in the political process, they should disclose what they are doing and who is paying for it as well,” said House Ways and Means Oversight Subcommittee Chairman Amo Houghton, a New York Republican who helped draft a bill to expand disclosure.
Houghton’s bill would have required 501(c )(4) (5) and (6) organizations that spent more than $10,000 per cycle on political ads and other election activity to reveal donors who gave more than $1,000. The proposal met stiff opposition from the nonprofit community, which argued it would have a chilling effect on donations.
But Republicans on the Ways and Means committee –- as well as McCain — supported the measure.
Democrats on the committee opposed it. Some argued that expanding disclosure requirements was a “poison pill” designed to make the legislation unpalatable and to prevent any reform from passing. Others said the bill imposed “overly broad and uncertain disclosure requirements” on social welfare groups. A top aide to House Minority Leader Richard Gephardt, D-Mo., told the newspaper Roll Call that the Houghton bill “goes too far.”
Ultimately, the Republican leadership in the House concluded that it did not have the votes to force disclosure for 501 groups. The House approved the narrower bill that had passed the Senate and President Clinton signed it into law in July 2000, closing the 527 loophole.
But lawmakers recognized even then that big donors seeking ways to influence campaigns anonymously could turn from 527s to social welfare groups.
“[Q]uite honestly, I believe these groups are perfectly capable of hiring good tax lawyers and going out and finding another way of getting around this if you aim it at specific tax sections,” said Rep. Mike Castle, R-Del., at a June 2000 news conference, explaining why he supported disclosure requirements for social welfare groups.
Castle left politics in 2011 after losing a GOP Senate primary to Tea Party favorite Christine O’Donnell. Now a partner at law firm DLA Piper, he said this election cycle has vindicated his concerns about anonymous money being routed through social welfare groups.
“You’ve got these groups that can essentially contribute huge sums of money, first of all without limitation and secondly without disclosure,” Castle said. “I think it’s just a terrible injustice to a fair election system.”
Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
The 196 people who will choose our next president
Billionaires like Adelson and Freiss are behind the vast majority of super PAC dollars. The rest of us don't count
Sheldon Adelson and Foster Friess (Credit: Reuters/Voices To Action with Alice Linahan / CC BY 3.0) At a time when it’s become a cliché to say that Occupy Wall Street has changed the nation’s political conversation — drawing long overdue attention to the struggles of the 99 percent — electoral politics and the 2012 presidential election have become almost exclusively defined by the 1 percent. Or, to be more precise, the .0000063 percent. Those are the 196 individual donors who have provided nearly 80 percent of the money raised by super PACs in 2011 by giving $100,000 or more each.
Continue Reading CloseAri Berman is a contributing writer for the Nation magazine and an Investigative Journalism Fellow at The Nation Institute. His book, "Herding Donkeys: The Fight to Rebuild the Democratic Party and Reshape American Politics" is now out in paperback with a new afterword. More Ari Berman.
America’s billionaire-run democracy
Whichever candidate wins the 2012 presidential election will have been bought and paid for by the 1 percent
(Credit: AP) Watching what’s happening to our democracy is like watching the cruise ship Costa Concordia founder and sink slowly into the sea off the coast of Italy, as the passengers, shorn of life vests, scramble for safety as best they can, while the captain trips and falls conveniently into a waiting life boat.
We are drowning here, with gaping holes torn into the hull of the ship of state from charges detonated by the owners and manipulators of capital. Their wealth has become a demonic force in politics. Nothing can stop them. Not the law, which has been written to accommodate them. Not scrutiny — they have no shame. Not a decent respect for the welfare of others — the people without means, their safety net shredded, left helpless before events beyond their control.
Continue Reading CloseBill Moyers is managing editor of the new weekly public affairs program, "Moyers & Company," airing on public television. Check local airtimes or comment at www.BillMoyers.com. More Bill Moyers.
Michael Winship is senior writing fellow at Demos and a senior writer of the new series, Moyers & Company, airing on public television. More Michael Winship.
Vast gender disparity in super PAC giving
More than 85 percent of the donors to Romney and Obama super PACs were men in 2011
Mitt Romney (Credit: Reuters/Brian Snyder) Going through the donor listings in the super PAC disclosures filed Tuesday, female names are very difficult to find.
Unlike fundraising by the candidates’ official campaigns, which tend to rely at least in part on small donations from grass-roots supporters, the super PACs raise massive sums from a very small number of wealthy people. Who those donors are is important because they presumably will have influence with (or on) their favored candidate and potentially the next president.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Meet Karl Rove’s Sheldon Adelson
Texas billionaire Harold Simmons has given $7 million to a Rove-affiliated outside group VIDEO
Karl Rove (Credit: AP) We’ve written a lot about Sheldon and Miriam Adelson and their $10 million in donations to a pro-Newt Gingrich super PAC. Part of the reason the Adelson donations got so much attention is that their existence was leaked to the media before the disclosure filing deadline. Since all super PACs were required to disclose their 2011 donors yesterday, we now have a much better picture of the other mega-donors who are in effect setting the agenda of the GOP primary.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Pentagon contractors flock to Mrs. McKeon
Why are defense lobbyists funding the pet crusade of the wife of Buck McKeon, House Armed Services Committee chair?
Howard "Buck" McKeon: Help my wife. Please! (Credit: AP/Susan Walsh) Patricia McKeon, wife of a powerful committee chairman in Congress, announced her bid for California Legislature last fall by telling local Republicans that she decided to run for office because she’s fed up with the plastic bag tax in Los Angeles County. “Just think how much food we could buy if we weren’t forced to pay 10 cents for grocery bags,” she said in announcing her campaign. Within days of her official announcement, one industry stepped up to finance her campaign — but it wasn’t the plastic bag industry. It was military defense contractors and their Beltway lobbyists.
Continue Reading CloseLee Fang is an investigative journalist in the Bay Area. More Lee Fang.
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