Voting Blogs: The D.C. Circuit in Wagner: Aspects of Appearances in the Defense of The Embattled Law | Moe Soft Money Hard Law

It is understandable that the D.C. Circuit’s Wagner decision upholding the federal contractor ban would attract a good bit of attention. The federal courts are suspected of harboring animus toward the campaign finance laws and here is a major decision going the other way and on fairly broad grounds. So it has been described as having the potential to be highly significant. The decision was notable for the clarity and thoroughness of its presentation. The Court also deftly reinforces the available authority by use of case law stressing the particular dangers presented by political pressure on, or from, government employees. A strength, perhaps also a surprise, was the unanimity of the opinion.

National: Here are the secret ways super PACs and campaigns can work together | The Washington Post

The 2016 presidential contenders are stretching the latitude they have to work with their independent allies more than candidates in recent elections ever dared, taking advantage of a narrowly drawn rule that separates campaigns from outside groups. For the first time, nearly every top presidential hopeful has a personalized super PAC that can raise unlimited sums and is run by close associates or former aides. Many also are being boosted by non­profits, which do not have to disclose their donors. The boldness of the candidates has elevated the importance of wealthy donors to even greater heights than in the last White House contest, when super PACs and nonprofits reported spending more than $1 billion on federal races. Although they are not supposed to coordinate directly with their independent allies, candidates are finding creative ways to work in concert with them.

National: I.R.S. Expected to Stand Aside as Nonprofits Increase Role in 2016 Race | The New York Times

As presidential candidates find new ways to exploit secret donations from tax-exempt groups, hobbled regulators at the Internal Revenue Service appear certain to delay trying to curb widespread abuses at nonprofits until after the 2016 election. In a shift from past elections, at least eight Republican presidential candidates, including leading contenders like Jeb Bush and Senator Marco Rubio of Florida, have aligned with nonprofit groups set up to raise hundreds of millions of dollars. Hillary Rodham Clinton’s supporters are considering a similar tactic. Some of these so-called social welfare nonprofit groups are already planning political initiatives, including a $1 million advertising campaign about Iran by a tax-exempt group supporting Mr. Rubio.

Canada: Ex-chief electoral officer warns of influence from PACs on Canadian politics | Toronto Sun

Decades of work to remove the influence of big money from Canadian federal political campaigns is going down the drain with the advent of political action committees, a former chief electoral officer says. Jean-Pierre Kingsley says Canada is headed down the road well trodden in the United States, where political action committees, or PACs, raise and spend staggering amounts of money to influence elections, without the same restrictions that apply to political parties. In Canada, such groups have been known as third parties and their activities are severely restricted during campaigns.

National: Corporations are people. But are FEC commissioners people too? | The Washington Post

The agency instructed to treat corporations as people – at least when it comes to their right to spend money on political speech – isn’t sure if its own commissioners are. During a fraught exchange at Thursday’s Federal Election Commission monthly meeting, a Republican commissioner said none of the six panel members should be counted as a “person” when it comes to petitioning their own agency. This led to a strange back and forth between Matthew Petersen, a Republican, and Ellen Weintraub, a Democrat, over her personhood. “First of all, let me say I cannot believe that you are actually going to take the position that I am not a person…a corporation is a person, but I’m not a person?” Weintraub fired back. “That’s how bad it has gotten. My colleagues will not admit that I am a person. That’s really striking.”

National: Presidential candidates lean on well-funded outside groups | US News

Republican Jeb Bush and Democrat Hillary Rodham Clinton are asking donors to write the checks to get their campaigns started. Yet these “new” candidates have been fueling their presidential ambitions for months — years, in Clinton’s case — thanks to outside groups that will continue serving as big-money bank accounts throughout the race. In the 2016 presidential field, creative financing abounds. While donors can give a maximum $2,700 apiece per election to their favorite candidatdte’s campaign, the presidential contenders offer generous supporters plenty of other options. Outside groups that can accept checks of unlimited size include personalized super PACs that, while barred from directly coordinating with candidates, are often filled with their trusted friends. There are also “dark money” nonprofit policy groups that keep contributors’ names secret.

Voting Blogs: Writing Campaign Finance Rules: Between “Thorough” Regulation or None at All | More Soft Money Hard Law

George Will looks at Super PACs and sees the consequences of “reform”: it’s a mess, he writes, the result of pressures for a “thoroughly regulated politics” that drives political actors to evade foolish rules. The Constitution requires “unregulated politics”: recent reform experience shows that any other course is sure to end in a bad place. The choice he sees is between thoroughly regulated campaign finance, which is untenable, or none at all. An alternative account of unsatisfactory reform experience would focus on the type of regulatory program that has dominated the policy debate. The FEC is somehow expected to regulate campaign finance as other agencies regulate food or drugs, or fair commercial practice, and the FEC best equipped for the job would be re-structured to take the politics out of its composition and operation. Underlying all of this is a belief that the right rules enforced by the right people, and repeatedly revised in the light of experience, will bring errant political behavior under control and end cheating. By this definition the “right” rule is one that attacks a questionable practice at its source, however complicated the rule and however challenging it will be to enforce it.

Voting Blogs: Candidates & Super PACs: The New Model in 2016 | Brennan Center for Justice

As voters begin to assess presidential candidates ahead of the 2016 election, they’ll face a new world in which ostensibly outside groups — which often have extremely close ties to the candidates, but are theoretically separate from them because they aren’t “controlled” by the candidate and don’t give their money directly to her campaign — could dominate political spending. That’s because super PACs and other groups conceived after the 2010 Citizens United decision may raise money without limits, while candidates cannot. While many have understood that super PACs would make a significant impact on American elections, few could have predicted the speed with which they have evolved and moved to the center of our political system. Download the Report

Virginia: Republican operative sentenced to 2 years in landmark election case | The Washington Post

A former Republican political operative convicted in the first federal criminal case of illegal coordination between a campaign and a purportedly independent ally was sentenced Friday to two years in prison — a lighter punishment than prosecutors sought but one that still served as a sharp warning. Under questioning from U.S. District Judge Liam O’Grady, Tyler Harber said: “I’m guilty of this. I knew it was wrong when I did it.” But Harber said he was not motivated by greed or a lust for power — he simply wanted to win an election and believed that what he was doing was a common, if illegal, practice. “I got caught up in what politics has become,” said Harber, 34, a resident of Alexandria. The watershed prosecution comes as super PACs are playing increasingly prominent roles in national politics.

National: How Jeb Bush’s Presidential Announcement Will Change His Money Game | National Journal

The former Florida governor and scion of the modern Republican Party’s most prominent political family revealed on Thursday that he will formally announce his long-expected presidential candidacy on June 15 in Miami. The event comes almost six months to the day after Bush said last December that he was “actively exploring” a campaign and months after it has become clear Bush would, in fact, run. His dodging of that reality had begun to wear thin in recent weeks. On Sunday, pressured about his candidacy by CBS’s Bob Schieffer on his final day hosting Face the Nation, Bush offered up a tepid: “I hope so. I hope, I hope I’m a candidate in the near future.”

National: Jeb Bush, Taking His Time, Tests the Legal Definition of Candidate | New York Times

Jeb Bush is under growing pressure to acknowledge what seems obvious to some voters and election lawyers: He is running for president. The lawyers say Mr. Bush, a former Florida governor, is stretching the limits of election law by crisscrossing the country, hiring a political team and raising tens of millions of dollars at fund-raisers, all without declaring — except once, by mistake — that he is a candidate. Some election experts say Mr. Bush passed the legal threshold to be considered a candidate months ago, even if he has not formally acknowledged it. Federal law makes anyone who raises or spends $5,000 in an effort to become president a candidate and thus subject to fund-raising, spending and disclosure rules. Greater latitude is allowed for those who, like Mr. Bush, say they are merely “testing the waters” for a possible run.

Voting Blogs: More Conflict at the FEC: The Question of Partisanship and the Problem of Finger-Pointing | More Soft Money Hard Law

A dispute over whether the FEC is tilting its investigations against conservatives or Republicans is mostly a waste of energy. Commissioner Goodman got this started at a Commission hearing and has been rebuked by Commissioner Ravel. The Republicans profess to be outraged; the Democrats announce that this outrage has rendered them speechless. Once again there is here, in the midst of this clamor, an important question– the uses and misuses of the agency’s enforcement process—that is being misdirected into another round of finger-pointing about bad faith and improper motive.

Editorials: 2016 presidential campaigns chase money, with no cop on the beat | USAToday

Money has always been the dark force of politics, but it’s reaching a tipping point in the 2016 presidential election. Whoever wins will be more beholden than any recent predecessor to megadonors who write huge checks. Campaigns are skating up to, or over, ethical and legal lines to maximize the dollars. There’s little worry about prosecution, though. The agency set up to enforce campaign laws after the Watergate scandals in 1974 — the Federal Election Commission — is mired in partisan stalemate on major issues, meaning there’s effectively no cop on the beat. That leaves no one (except the news media) to police the flood of big money set loose by court decisions in 2010 that made it legal for corporations, labor unions and rich people to give unlimited amounts to “super PACs,” which can support candidates as long as they remain independent from them.

National: ‘Campaigns’ Aren’t Necessarily Campaigns in the Age of ‘Super PACs’ | New York Times

As the 2016 campaign unfolds, Hillary Rodham Clinton will benefit from one rapid-response team working out of a war room in her Brooklyn headquarters — and another one working out of a “super PAC” in Washington. Jeb Bush has hired a campaign manager, press aides and fund-raisers — yet insists he is not running for president, just exploring the possibility of maybe running. And Senator Marco Rubio’s chance of winning his party’s nomination may hinge on the support of an “independent” group financed by a billionaire who has bankrolled Mr. Rubio’s past campaigns, paid his salary teaching at a university and employed his wife. With striking speed, the 2016 contenders are exploiting loopholes and regulatory gray areas to transform the way presidential campaigns are organized and paid for. Their “campaigns” are in practice intricate constellations of political committees, super PACs and tax-exempt groups, engineered to avoid fund-raising restrictions imposed on candidates and their parties after the Watergate scandal.

Editorials: How Money Runs Our Politics | Elizabeth Drew/New York Review of Books

With each election come innovations in ways that the very rich donate and the candidates collect and spend increasingly large amounts of money on campaigns. And with each decision on campaign financing the current Supreme Court’s conservative majority, with Chief Justice John Roberts in the lead, removes some restrictions on money in politics. We are now at the point where, practically speaking, there are no limits on how much money an individual, a corporation, or a labor union can give to a candidate for federal office (though the unions can hardly compete). Today a presidential candidate has to have two things and maybe three before making a serious run: at least one billionaire willing to spend limitless amounts on his or her campaign and a “Super PAC”—a supposedly independent political action committee that accepts large donations that have to be disclosed. The third useful asset is an organization that under the tax code is supposedly “operated exclusively to promote social welfare.” The relevant section of the tax code, 501(c)(4), would appear to be intended for the Sierra Club and the like, not political money. But the IRS rules give the political groups the same protection.

National: Super PACs’ Next Target: Local Elections | National Journal

When Philadelphia’s next mayor delivers his victory speech Tuesday night, he should take a moment to praise a most important ally: his super PAC. Before long, it could become a regular part of any winning mayor’s speech. In this open-seat race in the nation’s fifth-largest city, the disparity in spending between super PACs and the official campaigns has been considerable. Heading into the weekend, the race’s three highest-spending groups on TV all were super PACs, according to a Democratic source tracking the buys. One outside group, funded by out-of-town charter-school advocates, had invested more on TV ads than the other campaigns combined.

National: When is a campaign not a campaign? When it’s a Super Pac | The Guardian

These days, presidential candidates are not just raising money for their own campaigns. They are also raising money for outside groups with generic sounding names like Priorities USA, Right to Rise and Our American Renewal. These are Super Pacs (political action committees), affiliated with each outside campaign but nominally independent. In 2012, they were helpful appendages. This year, heading into 2016, they are becoming fully fledged substitutes for campaigns, taking over functions including opposition research, polling and even knocking on doors. Super Pacs are just five years old. Like most developments in modern campaign finance law, they were created by accident through judicial decisions, not by legislation.

National: How a super PAC plans to coordinate directly with Hillary Clinton’s campaign | The Washington Post

Hillary Clinton’s campaign plans to work in tight conjunction with an independent rapid-response group financed by unlimited donations, another novel form of political outsourcing that has emerged as a dominant practice in the 2016 presidential race. On Tuesday, Correct the Record, a pro-Clinton rapid-response operation, announced it was splitting off from its parent American Bridge and will work in coordination with the Clinton campaign as a stand-alone super PAC. The group’s move was first reported by the New York Times.

National: Democrats Eased Way for GOP Mega-Donors | Bloomberg

More than half of Senate Democrats voted with Republicans in December to increase fundraising limits for the political parties. The change was tucked in the 1,599th page of a 1,603-page budget deal. Given how aggressively Republicans are taking advantage of the new rules, and how little they seem to be benefiting Democrats, Senate Democratic leader Harry Reid may regret his support. The Republican National Committee raised almost $26 million in the first quarter of 2015, $10 million more than the Democratic National Committee — even though the DNC has President Barack Obama headlining fundraising events. The RNC owes its advantage to huge donations, which were formally prohibited.

Editorials: Democrats embrace the logic of ‘Citizens United’ | Lawrence Lessig/The Washington Post

Since the Supreme Court cleared the way for unlimited independent political expenditures by individuals, unions and corporations, there has been a fierce debate among academics and activists about what the term “corruption” means. For five justices on the court, “corruption” means “quid pro quo” — a bribe, or an exchange of a favor for influence. But an almost unanimous view, certainly among Democrats, and even among many Republicans, has emerged that this is a hopelessly stunted perspective of a much richer disease. Certainly, quid pro quo is corruption. But equally certainly, it is not the only form of corruption.

National: F.E.C. Can’t Curb 2016 Election Abuse, Commission Chief Says | New York Times

The leader of the Federal Election Commission, the agency charged with regulating the way political money is raised and spent, says she has largely given up hope of reining in abuses in the 2016 presidential campaign, which could generate a record $10 billion in spending. “The likelihood of the laws being enforced is slim,” Ann M. Ravel, the chairwoman, said in an interview. “I never want to give up, but I’m not under any illusions. People think the F.E.C. is dysfunctional. It’s worse than dysfunctional.” Her unusually frank assessment reflects a worsening stalemate among the agency’s six commissioners. They are perpetually locked in 3-to-3 ties along party lines on key votes because of a fundamental disagreement over the mandate of the commission, which was created 40 years ago in response to the political corruption of Watergate.

National: Huckabee’s Pitch, Whether Joke or Not, At Odds With Federal Election Law | Wall Street Journal

In his presidential campaign announcement on Tuesday, former Arkansas Gov. Mike Huckabee emphasized his status as a Washington outsider who would not be “funded and fueled” by billionaires. But as he decried wealthy donors’ influence in the political system, he also ran afoul of federal election law. Mr. Huckabee said his campaign would be funded by “working people who will find out that $15 and $25 a month contributions can take us from Hope to higher ground,” he said, a reference to Hope, Ark., where he was speaking. But, he cracked: “Rest assured, if you want to give a million dollars, please do it.” Not so fast. Individuals are only permitted to give up to $2,700 per election to a candidate, according to Federal Election Commission rules. Though in a joking manner, Mr. Huckabee was likely making a pitch to the audience on behalf of a super PAC, Pursuing America’s Greatness, that he formed last month to back his campaign. Super PACs can accept unlimited donations from individuals but are not allowed to coordinate with campaigns.

Editorials: How Super PACs Can Run Campaigns | New York Times

The 2016 presidential campaign has barely begun, but it is already clear this will be the super contest of the “super PACs” — the fast evolving political money machines that are irresistible to candidates because they can legally raise unlimited money from donors seeking favor and influence. The idea of a super PAC created to support an individual candidate was little more than an experiment four years ago when strategists for Mitt Romney tested its potential after misguided court decisions shattered federal limits on spending on elections. President Obama, after initially denouncing unlimited contributions, used a super PAC in his re-election.

Editorials: How Record Spending Will Affect 2016 Election | Albert R. Hunt/Bloomberg View

The role of money and politics in the 2016 presidential election is a conundrum. Humongous sums will be spent; the effect on the outcome could be minimal, but in time the flood of cash may produce Watergate-level money scandals. Spending by candidates, parties and outside groups and individuals may approach $10 billion. Both Hillary Clinton and Jeb Bush, if they receive their parties’ nominations, each could spend more than $2 billion, about twice as much as Barack Obama and Mitt Romney each forked out in 2012. With several Supreme Court decisions lifting restrictions — on the misguided premise that money doesn’t buy political influence — the way is open for an orgy of spending by well-heeled interest groups and super rich individuals on both political sides. Even beneficiaries, including Clinton and several top Republican aspirants, say the system is rotten.

National: In 2016 fundraising, Jeb Bush is on the defensive | Politico

This weekend in Miami Jeb Bush will huddle with a group of his top donors at a brand new “nature-centric,” $700-a-night South Beach hotel, replete with four pools, a Tom Colicchio restaurant and an 11,000-plant “living green wall.” The point, though, isn’t tranquility and relaxation – it’s survival. For a time, it looked like Bush would steamroll the GOP field with a cash-flush juggernaut that might raise as much as $100 million in the first quarter, using a variety of super PACs to push the boundaries of campaign finance laws and dominate the field. But that was before New York hedge fund magnate Robert Mercer pledged more than $15 million to Ted Cruz, and Marco Rubio gained the full-fleged support of Miami billionaire Norman Braman and became the front-runner to win casino mogul Sheldon Adelson’s backing. Another rival, Scott Walker, recently became the favorite of billionaire David Koch, who seemed to tip his support for the Wisconsin governor at a fundraiser this week.

Editorials: Jeb Bush is tearing down what little campaign finance law we have left. | Richard Hasen/Slate

Jeb Bush speaks at the First in the Nation Republican Leadership Summit on April 17, 2015, in Nashua, New Hampshire.
(Pseudo-non)candidate Jeb Bush speaks at the First in the Nation Republican Leadership Summit on April 17, 2015, in Nashua, New Hampshire. In February, the Campaign Legal Center, a group which works on campaign finance reform issues, released a “white paper” contending that many of the leading potential presidential candidates were likely breaking federal law by not declaring their candidacy or setting up a “testing the waters” committee for a presidential election run. Such a declaration, among other things, limits donors to giving only $2,700 to the (would-be) candidate for the presidential primary season. It was an excellent report, but many shrugged off its findings as just one more way in which the campaign finance system has begun to unravel since the Supreme Court’s Citizens United decision.

Kansas: Kobach PAC now embroiled in state naming-law issue; ‘stupid’ PAC gets letter from ethics panel | The Wichita Eagle

A Wichita group’s effort to form a committee to “fix stupid” in Kansas politics has snagged the state’s top election official, Kris Kobach, who may be running a political action committee that is illegally named. Kobach, the Kansas secretary of state, will be getting a letter from the Kansas Governmental Ethics Commission questioning the legality of using the name “Prairie Fire PAC” for his political fundraising committee, said Carol Williams, executive director of the commission. State law requires PACs that are affiliated with a larger corporation or organization to note that in their name. Unaffiliated PACs must use names indicating who’s involved or the cause the PAC is advocating for, Williams said. Kobach said Wednesday his interpretation is the law doesn’t apply to a PAC like his.

Editorials: The Next Era of Campaign-Finance Craziness Is Already Underway | Jim Ruthenberg/New York Times

There may be no political adviser closer to Rand Paul than Jesse Benton. Benton was integral to Paul’s Senate run in 2010 and was a top strategist for both of Ron Paul’s Republican presidential campaigns. When a fellow Kentuckian, Senator Mitch McConnell, needed help with his re-election campaign last year, Rand Paul lent him Benton. Benton also happens to be married to Paul’s niece. So it would have been natural to expect Benton to move into Paul’s campaign headquarters as soon as he declared his candidacy for president. Not going to happen. On April 6, the day before Paul made his formal announcement, National Journal reported that instead, Benton will be running with several others America’s Liberty PAC, the principal Paul-supporting super PAC — the class of technically independent campaign organization that is free to spend as many millions of dollars as it can raise, without all those nettlesome regulations that limit donations to formal presidential campaigns to $5,400 a person.

Voting Blogs: An Uprising for Campaign Finance Reform? | More Soft Money Hard Law

A few years ago, after the enactment of McCain Feingold, the Federal Election Commission began issuing implementing rules, and there were not well received in reform quarters. It was objected that the agency was ignoring Congressional intent and gutting the law. One line of attack was possible Hill intervention to disapprove the rules pursuant to the Congressional Review Act. At a lunch with Senators to discuss this possibility, a prominent reform leader told the assembled legislators that if they did not reject the rules and hold the FEC to account, the public “would rise up” in protest. The public uprising did not occur, neither the Senate nor the House took action, and the reform critics took their cases to court—with some but not complete success.

National: Clinton calls for constitutional amendment on campaign finance | The Hill

Hillary Clinton called for a constitutional amendment to address the influx of “unaccountable money” in politics during her first official day of campaigning in Iowa. “We need to fix our dysfunctional political system and get unaccountable money out of it once and for all, even if it takes a constitutional amendment,” she said during an event at Kirkwood Community College in Monticello. She added that campaign finance reform is one of the “four big fights” that her campaign is focused on. The others include building the “economy of tomorrow, not yesterday,” strengthening both families and communities, and protecting the country from current and future threats.