ElNono
10-27-2010, 01:37 PM
Corporate campaign ads haven't followed Supreme Court's prediction (http://www.chicagotribune.com/news/nationworld/la-na-court-campaign-money-20101027,0,341608.story)
Excerpts from the article:
The Supreme Court sent a wave of corporate and union money flooding into campaign ads this year, but it did so with the promise that the public would know — almost instantly — who was paying for them.
"With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions," Justice Anthony M. Kennedy wrote in January. "This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages."
But Kennedy and the high court majority were wrong.
---
"The biggest change this year is that it is no longer possible to identify the individuals who are responsible for funding election communications," said Karl J. Sandstrom, a former FEC commissioner who advises Democrats on election law.
He called Kennedy's opinion naive and said it reflected a "very uninformed view of how disclosure works."
---
The reasons, said Tara Malloy, a lawyer for the Campaign Legal Center in Washington, are "weaknesses in the tax law, radical under-enforcement by the FEC and the failure of Congress" to enact a new disclosure law.
Under the tax code, nonprofit groups can register as "social welfare" or other organizations, meaning they can spend money on campaign ads without having their name disclosed as long as their primary activity is not political. In a little-noticed opinion in August, a divided FEC took the view that big donors who fund ad campaigns need not be disclosed unless the donor gave the money for a "particular advertisement."
That is "an impossible-to-meet standard," said former FEC Chairman Trevor Potter, counsel for Arizona Republican Sen. John McCain's presidential campaign, saying that almost any contributor can remain anonymous.
---
Last week, Public Citizen and several other liberal advocacy groups complained to the FEC and accused the new political committees of evading the law.
The public needs "to know which corporations and billionaires are behind the attack ads now polluting our airwaves," said Robert Weissman, president of Public Citizen.
But Bradley A. Smith, another former FEC chairman and a leading conservative foe of many of the campaign finance laws, said such disclosure was unnecessary.
"Voters do know who is funding the ads — every single one of them," he said.
Smith said the U.S. Chamber of Commerce discloses its spending on election ads, as does Rove's group, even if they do not specifically disclose their donors.
"Is there anybody who doesn't know where the chamber is coming from?" he asked. "None of this troubles me in the least."
Excerpts from the article:
The Supreme Court sent a wave of corporate and union money flooding into campaign ads this year, but it did so with the promise that the public would know — almost instantly — who was paying for them.
"With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions," Justice Anthony M. Kennedy wrote in January. "This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages."
But Kennedy and the high court majority were wrong.
---
"The biggest change this year is that it is no longer possible to identify the individuals who are responsible for funding election communications," said Karl J. Sandstrom, a former FEC commissioner who advises Democrats on election law.
He called Kennedy's opinion naive and said it reflected a "very uninformed view of how disclosure works."
---
The reasons, said Tara Malloy, a lawyer for the Campaign Legal Center in Washington, are "weaknesses in the tax law, radical under-enforcement by the FEC and the failure of Congress" to enact a new disclosure law.
Under the tax code, nonprofit groups can register as "social welfare" or other organizations, meaning they can spend money on campaign ads without having their name disclosed as long as their primary activity is not political. In a little-noticed opinion in August, a divided FEC took the view that big donors who fund ad campaigns need not be disclosed unless the donor gave the money for a "particular advertisement."
That is "an impossible-to-meet standard," said former FEC Chairman Trevor Potter, counsel for Arizona Republican Sen. John McCain's presidential campaign, saying that almost any contributor can remain anonymous.
---
Last week, Public Citizen and several other liberal advocacy groups complained to the FEC and accused the new political committees of evading the law.
The public needs "to know which corporations and billionaires are behind the attack ads now polluting our airwaves," said Robert Weissman, president of Public Citizen.
But Bradley A. Smith, another former FEC chairman and a leading conservative foe of many of the campaign finance laws, said such disclosure was unnecessary.
"Voters do know who is funding the ads — every single one of them," he said.
Smith said the U.S. Chamber of Commerce discloses its spending on election ads, as does Rove's group, even if they do not specifically disclose their donors.
"Is there anybody who doesn't know where the chamber is coming from?" he asked. "None of this troubles me in the least."