[EL] CU postings

Thu Aug 11 14:19:12 PDT 2011

I was a political reporter and editor for 11 years, covering state, local and federal campaigns. Then I got into the world of campaigning. After just one campaign I told many of my former colleagues in the news business, "You have no idea what goes on in a campaign." That remains true today. If the most seasoned political reporter were to sit in my office for a month during a campaign season he or she would be stunned by all thing things that come up. Same would be true for academics and elections attorneys. The only people who know and understand the process well enough to craft effective and realistic regulations are those whom the politicians and reformers seek to regulate - the campaign consultants, treasurers, fundraisers and party activists.
Larry Levine
  ----- Original Message ----- 
  From: Mathew Manweller 
  To: wewerlacy at aol.com ; hbrown at jamestownr.com 
  Cc: law-election at uci.edu 
  Sent: Thursday, August 11, 2011 2:08 PM
  Subject: Re: [EL] CU postings

  Thank you to James for posting this. I have experienced the same thing. In addition to being an academic, I am also the Chair of a local political party. Years ago, we used to raise money by giving coffee to sleepy truckers at a local rest stop and we would raise money in 50cent to $1 increments. We would then donate the money to the candidate of our choice. It was true grass roots activism in its purest form and in line with the grandest traditions of American democracy. But the passage of McCain-Feigold made our participation so difficult to continue, we just gave up. Now we donate the money to local county commissioner candidates. Our voice was lost.

  I second Jame's suggestion. Too many academics do not participate in the very process they study (or opine upon). Many professors may change their views about campaign finance after they have tried to participate in the system.

  Regards,

  Matt Manweller

  Central Washington University
  Associate Professor of Political Science 
  manwellerm at cwu.edu
  509-963-2396

  >>> James Lacy 08/11/11 1:56 PM >>>

  I guess I should weigh in as one who agrees with Jim Bopp. 

  I think the impression that news media, election lawyers, and academics can develop on campaign finance can be very different from the experience of those actually seeking to participate in the political process.  For those who actually want to be directly involved, the regulatory hurdles imposed by the FEC are simply stunning.  The Code of Federal Regulations is populated by hundreds of pages of rules that impose registration requirements, disclosure requirements, regulation of bank accounts, disclaimer requirements on advertising, special electronic disclosure rules, special disclosure rules involving the presidential primary season, rules regarding television, radio and Internet advertising, hundreds of Advisory Opinions, accouting rules, timing of advertising for disclosure rules, and so on.  A schedule of penalities for late filings exist that bears no relationship to intent.  These rules are matched by an aggressive FEC staff that carefully reviews every filing or missed filing, an audit division, and a history of imposing millions of dollars in fines every year, many of which are focused on political committees that are newcomers to the process that do not have the permanent staff or resources of a corporation or union to be able to keep up with all the rules.  The rules discourage voluntarism.  It is simply impossible to go out and start a committee to engage in public participation, and not run afoul of the Federal rules unless you have a good and expensive Certified Public Accountant, a professional Treasurer, and a skilled election lawyer on retainer.  All that costs money, meaning, under the system, the system prior to CU and still, only players with big money have a chance of success.

  If you don't believe me, encourage your friendly neighbor who is passionate about politics to raise $1,000, file a Form with the FEC to establish a non-connected Federal political action committee.  Then wait one year, and see if he or she is still your friend.

  I think Jim Bopp's real point is that the trend is in favor of deregulation (in no small part due to his excellent work) and that everyone benefits from this in the form of less paranoid rules from the FEC, which helps everyone to be involved, including your politically passionate neighbor.

  James V. Lacy
  Confidentiality applies

  Sent from my iPad

  On Aug 11, 2011, at 12:18 PM, "Howard Brown" <hbrown at jamestownr.com> wrote:

    I'm a lurker and a layman to boot, but I feel compelled to write by Jim Bopp's latest postings. I frankly am stunned at the chutzpah being displayed by Atty Bopp in suggesting that Citizens United's real impact is to empower little guys like me to influence elections. It is nothing short of staggering. It is Doubletalk and Newspeak rolled into one. The list readers must either be quite naive or not paying attention. And it's important to pay attention.
    Howard Brown

    230 Lantern Ln E
    North Kingstown, RI 02852
    (401)267-0029

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