The Senate Judiciary committee held a hearing tilted, "We the People? Corporate Spending in American Elections after Citizens United." During the hearing opponents of the ruling argued that the case exemplified that the Roberts Court has abandoned judicial restraint. Conversely, witness Bradley Smith, described the responses to the Citizens United decision as "hysteria." Smith also caused hysteria during the hearing when he referenced Vermont legislators as "freaking out" about the decision. This incited a heated exchange between Smith and Chairman Patrick Leahy (D-VT). Leahy interrupted Smith, disagreeing with the characterization of Vermont legislators.
Substantially, the panelists somewhat agreed that it will be very difficult to pass any major legislative changes. Any new campaign finance law is likely to face a legal challenge.
According to BNA Money and Politics ($$), Democratic senators maintained that the decision "represents a major boost to corporate influence in American politics, which is deeply unpopular with their constituents."
In addition, the House Financial Services subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises held a hearing which primarily focused on the issue of whether corporations should have to report their expenditures to shareholders. A member of the committee, Rep. Mike Capuano (D-MA), has introduced the Shareholder Protection Act of 2010, (H.R. 4790) requiring shareholder approval of corporate expenditures and boards of directors would have to vote on political spending over $50,000.
Again, any legislation is sure to face an uphill battle and possible future litigation. The expected measure from Sen. Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD) after the release last month of a summary of their proposals has yet to be introduced. CQ ($$) reports that the lawmakers are "sorting through the concerns of labor unions, nonprofit organizations and lawmakers as they try to write legislative language and line up cosponsors from both parties."
(Amanda Adams 03/11/10; 0 comments)The LA Times reports on the U.S. Chamber of Commerce's growing grassroots initiative, Friends of the U.S. Chamber, which "has begun to rival those of the major political parties, funded by record-setting amounts of money raised from corporations and wealthy individuals."
"The chamber has signed up some 6 million individuals who are not chamber members and has begun asking them to help with lobbying and, soon, with get-out-the-vote efforts in upcoming congressional campaigns."
According to the article, the group's successful fundraising can be attributed to the administration's legislative initiatives and the recent Supreme Court ruling that corporations may now directly advocate for the election of candidates for federal office. "Industries that are the most directly affected by Washington policies and regulations -- pharmaceuticals, for example -- have always spent lavishly on lobbying and politics. But many others have held back, deterred by concern over violating the complex laws on campaign spending and by a general sense that putting money into politics might open companies to criticism."
As predicted, corporations will increasingly contribute money to the chamber, which then produce ads targeting candidates without disclosing the identity of the donors. Inevitably, the article suggests this system "suggests a rocky road for legislation to require more transparency."
(Amanda Adams 03/09/10; 0 comments)Global Integrity, an international nonprofit organization that tracks global corruption trends, released the Global Integrity Index: 2009. The report analyzed 35 countries' ability to counter corruption, and the tools available to citizens to hold the government accountable.
"Rather than examine the 'cancer' of corruption, the Index investigates the 'medicine' being used against it — in the form of government accountability, transparency, and citizen oversight." Overall, the U.S. scored 85 out of 100, and was the second least corrupt country in the study.
According to the findings, "The Obama administration's early anti-corruption efforts focused significantly on tighter restrictions around lobbying. While certainly not harmful, there are few data to suggest that increasing the transparency around lobbying activities at the federal level is the solution to corruption challenges in the United States. Rather than lobbying, Global Integrity data point to the corrupting influence of massive amounts of money in the federal elections process as one of the core drivers of corruption in the American system."
Further, the Citizens United decision, "will likely pour fuel on the fire of political corruption in the U.S. While free speech concerns loomed large in the court's decision to overturn longstanding campaign finance controls, the practical reality is that by allowing significant new inflows of private money into the U.S. political process, the court's decision may simply overwhelm an already dysfunctional Federal Elections Commission and undermine prospects for more accountable governance."
Nevertheless, the administration earned high marks for urging federal agencies to disclose information under Freedom of Information Act requests and for the Open Government Initiative. Gary Bass, executive director of OMB Watch, in a peer review section of the document stated "it will take time for Obama to overcome a longtime pattern of secrecy that has been imbedded in the federal bureaucracy. 'The culture in government is that you typically don't give out information that you don't have to.'"
According to the report, "significant progress has not been achieved in curbing corruption at the national level in the U.S." For more information on the report and how the study was conducted, click here.
(Amanda Adams 02/23/10; 0 comments)Sen. Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD) announced a summary, presented as a "framework," of the legislation they plan to introduce to curtail the Supreme Court's ruling in Citizens United v. Federal Election Commission. Their extensive response includes a ban on expenditures by foreign interests, as well as corporations that have federal contracts and those that received funds through the Troubled Asset Relief Program (TARP). Corporations also include 501(c)(4), (c)(5), and (c)(6) organizations. They call for new disclosure rules on corporate spending, both to the government and to shareholders.
Specific provisions in the Schumer-Van Hollen proposal include :
According to CQ, during a press event, Schumer "pledged that the disclosure proposals in the bill will expose corporate and union financiers using pass-through political organizations and 'AstroTurf' lobbying outfits to obscure their political outlays. 'We will drill down so that the ultimate funder of the expenditure is disclosed,' he said." Reportedly Schumer and Van Hollen will introduce their legislation the week after the Presidents Day recess.
(Amanda Adams 02/12/10; 0 comments)Almost two years ago, a 527 organization called SpeechNow.org, asked for a court ruling that would have blocked the Federal Election Commission (FEC) from enforcing limits on contributions to the group. On Jan. 27, the Court of Appeals for the D.C. Circuit heard oral arguments in the case. The court must consider whether the group should be subject to an annual limit on donations from individuals and comply with disclosure requirements.
SpeechNow.org wants to collect unlimited contributions to help elect candidates who support free political speech. They argue that prohibiting contributions of more than $5,000 per year is an unconstitutional violation of free speech and association rights. After the group was initially formed in 2007, the FEC said it would have to register as a political committee, which requires contribution limits and prohibits corporate contributions.
News reports indicate that FEC attorney David Kolker faced skeptical questioning from appeals court judges as he sought to defend the contribution limits. The judges supposedly seemed sympathetic to SpeechNow.org's argument. The Associated Press reports that one of the judges told the lawyer representing the FEC; "You don't seem to value the First Amendment very highly."
According to BNA Money and Politics ($$), Kolker noted that the Citizens United ruling does not change limits on contributions to political parties. "Similar restrictions on non-party groups also should remain, the FEC lawyer said, because such groups can act as 'shadow parties' and be used to circumvent limits on contributions to candidates."
The judges suggested that since, "the Citizens United case established that independent expenditures do not corrupt candidates and thus cannot be limited under the First Amendment. It is not a long leap, the judges suggested, to assume that groups making only independent expenditures, like SpeechNow.org, cannot have their funding sources limited."
However, as the Supreme Court upheld disclosure requirements, judges in this case also seemed doubtful of SpeechNow.org's disclosure arguments. They are challenging the requirement that they would have to disclose as if the were a political action committee.
SpeechNow.org highlighted the recent EMILY’s List decision, which struck down regulations limiting donations to nonprofit political action committees that are used for campaign activity. The case also questioned the constitutionality of limits on contributions to independent political committees even though they were not challenged in the lawsuit.
(Amanda Adams 01/29/10; 0 comments)Almost a week has passed since the Supreme Court issued the very significant ruling in the Citizens United case. There has been nonstop commentary and discussion of the possible ramifications. During a news conference, Senator Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD) announced plans to hold hearings and introduce legislation to curtail the effects of the decision. One suggestion from the lawmakers would require shareholders to vote before a corporation could spend money in elections.
Another option would prohibit corporations that do business with the federal government from using corporate funds to make independent expenditures. For example, contributions or expenditures could be limited for companies that have contracts or subcontracts with the government, or government grantees, and their affiliates. Congress may try to ban corporate contributions to nonprofits that engage in election communications, or corporations could be required to disclose contributions made to another incorporated entity (such as a 501(c)(4)) for the purposes of making a political expenditure. Other options include strengthening disclaimer and disclosure rules, requiring companies to more clearly identify themselves in the ads.
In addition to those already introduced, such as legislation to create an optional public financing system for congressional elections (the Fair Elections Now Act), more legislative responses to the ruling are still being formulated.
In the House HR 4522 has been introduced to, "apply the ban on contributions and expenditures by foreign nationals to domestic corporations which are owned or controlled by foreign principals." Under current law, election spending by non-U.S. persons and entities is prohibited and is unaffected by the ruling. However, some suggest that the prohibition on campaign expenditures by foreign nationals could be vulnerable. According to Politico, President Obama will urge Congress during the State of the Union address to pass legislation restricting foreign corporations from getting involved in federal elections.
Politico, also reports that, "the White House doesn't appear to consider the FEC or the public financing overhauls as immediate priorities. Nor does it appear likely to embrace a public financing system for congressional campaigns."
A more problematic legislative prospect would tighten rules prohibiting outside groups from coordinating ads with candidates. Corporations may now directly advocate for the election or defeat of federal candidates, as long as they do not coordinate their efforts with campaigns or political parties. However, the Federal Election Commission (FEC) has not yet finalized a definition of coordinated expenditures. The FEC is currently undertaking a rulemaking to reconsider what precisely constitutes coordination.
Before the Court even issued its ruling Rep. Alan Grayson (D-FL) introduced five bills in anticipation of an unfavorable decision. For example, the Corporate Propaganda Sunshine Act, H.R. 4432, would require public companies to tell the Securities and Exchange Commission when they spend to influence public opinion on any matter other than the promotion of their services. The Ending Corporate Collusion Act, H.R. 4433, would apply antitrust laws to a political committee established and run by a corporation.
For more on what nonprofits and political leaders are doing to address the Court decision, read this latest Watcher article.
(Amanda Adams 01/27/10; 0 comments)The long awaited decision in Citizens United v. the Federal Election Commission was issued today. With a 5-4 vote, the Supreme Court overturned a 20-year ruling that corporations can be prohibited from using money from their general treasuries to pay for their own campaign advertisements. Justices also struck down parts of the Bipartisan Campaign Reform Act that prohibited unions and corporations from running issue ads before primary and general elections.
OMB Watch is disappointed in today's Court decision and fears it will only drown out the voice of citizens and advocacy organizations. Currently, it is uncertain what this ruling means for nonprofit corporations. We may see an influx of money being channeled through tax-exempt, 501(c)(4) or 501(c)(6) nonprofit corporations.
The opinion applies only to independent expenditures, and leaves in place a prohibition on direct contributions to candidates. Justice Anthony Kennedy wrote in the majority opinion; "The censorship we now confront is vast in its reach." However, prior to today's decision corporations were not stripped from political speech entirely during campaigns. Rather, corporations and unions could pay for federal election spending through political action committees. The ruling will certainly alter corporate and union spending on elections in future campaign seasons.
Dissenting, Justice John Paul Stevens said, "The court's ruling threatens to undermine the integrity of elected institutions around the nation."
Importantly, the ruling upheld the disclosure and disclaimer requirements. In addition, it does not affect bans on direct contributions from corporations to federal candidates or national party committees.
As a result of the Court's ruling, corporations could now fund independent broadcasts messages (radio, tv, internet, mail) expressly advocating the election or defeat of candidates. However, corporate sponsorship of the messages must be disclosed.
For more, the Washington Post online has a page aggregating media coverage. The New York Times calls the decision "a doctrinal earthquake."
Observers fear that now the cost of winning a seat in Congress will drastically increase. Organizations are working hard to pass legislation to provide public financing for congressional candidates, specifically the Fair Elections Now Act.
Clearly, rewriting campaign finance law, as it applies to corporate (including nonprofit corporations) and union independent expenditures will cause some upheaval of future campaigns. We are currently reviewing the 176-page opinion.
(Amanda Adams 01/21/10; 0 comments)Many fear that if the Supreme Court decides in the Citizens United case to overturn limitations on corporate expenditures in political campaigns, it will transform elections with a deluge of corporate and union money. In preparation, groups are using this prospect as a way to advocate for election reform legislation, specifically public financing in House and Senate races.
An event at the Center for American Progress, co-sponsored by the groups Common Cause and Public Campaign, discussed the Supreme Court case and using it as a vehicle to promote public financing of congressional elections. Senate Majority Whip Dick Durbin (D-IL), along with Rep. John Larson (D-CT), spoke at the event to promote their legislation, the Fair Elections Now Act (FENA.) Durbin said; "I don't know that we've reached the level in the Senate or in the nation where people are going to demand this of us.... But if they think that the Supreme Court has tipped the scales so dramatically that they don't have a fighting chance any more, they may be open to this."
Their bill has been introduced in the House as H.R. 1826 and as S. 752 in the Senate, and would create a voluntary public financing system for congressional candidates. Participants would be required to raise a minimum amount of money from a certain number of in-state donors who could contribute no more than 100 dollars.
In the House, the bill has 119 cosponsors. "The best place that I go to enlist people for this program is down to the DCCC [Democratic Congressional Campaign Committee] as they're dialing for dollars," Larson said. However, such support for reform will be harder in the Senate.
You can watch video coverage from the event here.
Mother Jones reports that Common Cause and Public Campaign are planning an aggressive media effort considering, "reporters will likely call a bad decision in Citizens United another sign that campaign finance reform is a fool's errand." The groups' strategy includes "spending $4 million dollars over six months to put a positive spin on a negative Citizens United decision and push for public financing of congressional elections."
How the Court will rule remains unknown, and many still predict a decision before the end of the year.
(Amanda Adams 12/10/09; 0 comments)Robocalls, automated phone messages, are exempt from the national "do not call" registry. However, some states have implemented restrictions on robocalls. Some states require that a live operator talk first before connecting to the recording, while Arkansas and Wyoming have even banned them.
In Oct. a political action committee, the American Future Fund Political Action, requested an advisory opinion from the Federal Election Commission (FEC) questioning whether federal election law preempts state laws. Depending on how the FEC decides, these state laws could be overturned, as applied to federal candidates and political committees. The group indicates it wants to conduct nationwide robocall operations during the 2010 congressional campaigns. In response, Minnesota, Indiana, North Carolina, North Dakota, Arkansas, and Wyoming have filed comments with the FEC defending their state laws. The FEC may have a decision before the end of the year.
CQ Politics covers the story, and quotes the American Future Fund's chairman Nick Ryan. "These regulations limit the ability of candidates and those of us who seek to advocate. It impinges on our right to communicate."
Robocalls are one of the cheapest ways to reach constituents, and can be used for a variety of reasons. An NPAction.org article from 2007 discusses some of the controversy surrounding robocalls.
(Amanda Adams 12/03/09; 0 comments)The Supreme Court may soon decide the Citizens United v. Federal Election Commission (FEC) case, which could drastically change elections with an increased amount of corporate political spending. In preparation for the outcome, Common Cause has released a report titled, "Corporate Democracy: Potential fallout from a Supreme Court decision on Citizens United."
"In theory, if corporations spent about one-third of what they currently spend on lobbying during a two-year election cycle on direct political advocacy, they could outspend all Congressional candidates combined."
The report reviews the potential consequences from the case, examines political spending of corporations versus unions, and uses California as an example of a state that allows unlimited corporate political spending. Common Cause predicts that the court will "overturn precedent and rule in favor of removing restrictions on corporate spending in elections."
Common Cause considers the amount of money corporations already spend every year to influence public policy. "While the current system bars direct corporate and union political spending, those entities are still able to wield considerable electoral influence through PACs, 527s, bundling and executive giving. [. . .] When it comes to lobbying – where corporations and unions can tap their treasuries without restriction – corporations and unions spend more in any given election cycle than candidates spend on their own campaigns."
The report states further, "If the Supreme Court lifts the ban on using corporate profits for political spending, corporations would likely spend vastly more than labor unions. During the 2008 election cycle, corporations outspent organized labor 4:1 on political action committee (PAC) contributions, but 61:1 on lobbying."
(Amanda Adams 11/03/09; 0 comments)