In the News
Real Clear Politics: Citizens United: It’s Not About Democrats
By Brad SmithIn support of this attempt to use the federal bureaucracy to bypass the legislative process, they point to the support a similar rule has received in comments to the agency from the broad public. But that support has been almost entirely premised on hostility toward the Citizens United ruling and corporate political speech generally, rather than concerns for shareholder well-being. Of the comments the agency has received, most have come in form letters ginned up by de Blasio himself, along with unions, that rail against Citizens United and corporations. And much of the hostility toward Citizens United is founded on an incorrect understanding of Citizens United and partisan ideology – especially the belief that Citizens United favors conservative ideas – rather than a proper understanding of the First Amendment. In short, de Blasio and DiNapoli are using the Citizens United decision to advance a partisan agenda of state tracking of political activity.
SSRN: The Non-Expert Agency: Using the SEC to Regulate Partisan Politics
By Bradley A. Smith and Allen DickersonOver the past 15 years advocates of campaign finance reform, frustrated by the structure and design of the Federal Election Commission, have attempted to offload the duties of campaign finance regulation to other federal agencies, most notably the Internal Revenue Service but also the Federal Communications Commission and, most recently, the Securities Exchange Commission.We respond specifically to Professors Lucian A. Bebchuk & Robert J. Jackson, Jr., Shining Light on Corporate Political Spending, 101 Geo. L. J. 923 (2013), who urge the SEC to adopt compulsory disclosure rules to govern corporate political activity. We argue that whatever the theoretical merits of this position, the reality is that the current pressure on the SEC to take adopt new compulsory disclosure laws is a direct result of a desire to use the SEC to regulate not corporate governance or the world of investment and trading, but campaign finance. As a result, we suggest that any rules adopted are likely to be ill-advised and co-opted in the enforcement process. At the core of the theory of the independent agency is that it will develop a unique technical competence and will operate within that sphere of expertise. Pressure on the SEC (or other agencies) to regulate campaign finance takes these agencies out of their area of professional expertise and competence, and is thus likely to result in bad law, damage to institutional reputation, and a distraction from the agency’s core mission.
Disclosure
The Hill: Murkowski, Wyden set to unveil bipartisan campaign finance reform bill
By Ben GoadUnder their plan, groups involved in political activity – whether directly through a campaign or via outside advocacy – would be required to disclose their donors in real time.“Under federal law, which requires only quarterly reports, the influx of money immediately before an election is hidden from the public until months after the votes have been counted,” the lawmakers wrote.
NY Times: Conservative Koch Brothers Turning Focus to Newspapers
By Amy ChozickThree years ago, Charles and David Koch, the billionaire industrialists and supporters of libertarian causes, held a seminar of like-minded, wealthy political donors at the St. Regis Resort in Aspen, Colo. They laid out a three-pronged, 10-year strategy to shift the country toward a smaller government with less regulation and taxes.
Tax Financing
New York –– NY Times: New York Reform = Public Financing
By THE EDITORIAL BOARDState legislators have already come up with bills to provide matching funds for small contributions to candidates. Assembly Speaker Sheldon Silver has proposed creating a voluntary system of public financing with a match of $6 to every $1 raised in small contributions. Unfortunately, the bill would cover only the comptroller race next year. Legislative races would not be covered until 2016; the governor’s race, not until 2018.
Candidates, Politicians and Parties
CPI: Obama inauguration fueled by corporations, unions
By Dave LevinthalObama — long a critic of the influence of lobbyists and big money’s influence on politics — this year instituted no such prohibition for corporations, special interests or labor unions that together employ hundreds of lobbyists to influence government policy and legislation. Individuals could also give any amount.
Campaigns & Elections: Romney strategist: We were two years behind Obama
By Sean Miller“Starting from a standstill against this juggernaut was not a fair battle,” Jones added.
State and Local
Arkansas –– Arkansas Times: Dustin McDaniel reports misuse of campaign money
By Max BrantleyMcDaniel said these unauthorized items appeared to be charges for items purchased by Jeter and later pawned, such as cameras and tablet computers. He said the campaign credit card was used and the expenditures had to be accounted for in the campaign report. He said he knew of no other way to account for them other than reporting them. He said he hoped restitution might be possible for some of the expenses.
Colorado –– Denver Post: Panel ends review of ethics complaint against gun lobbyist, report due
By Lynn BartelsNeville’s attorney, former Republican lawmaker Shawn Mitchell, believes his client is being investigated under a legislative rule that is a “blatant violation of core First Amendment rights.”
NY NY Times: Jurors Hear Taped Talks About Plans to Help Liu
By BENJAMIN WEISER“Well, with your help, we will,” Mr. Liu replied.What Mr. Liu did not know at the time was that the purported restaurateur Richard Kong was actually Special Agent John Chiue of the Federal Bureau of Investigation’s Houston division, who was working under cover in the federal inquiry into Mr. Liu’s campaign finances.
South Carolina –– AP: Robert Ford’s Attorney: Accidental Errors Led to Ethics Charges
By Seanna AdcoxAttorney William Runyon said Thursday it’s difficult for a “citizen legislator” such as Ford to keep up with the unwieldy process of campaign paperwork.His comments come a day after the Senate Ethics Committee found probable cause to support allegations that Ford violated seven areas of state ethics laws over four years. Allegations in the complaint include that he used campaign donations for personal expenses, misrepresented expenses as campaign-related and reported incorrect amounts for what he spent.
