[EL] Slate column on soft money/more news

Tue Oct 25 15:32:11 PDT 2011

Is all money some one doesn't like "soft  money?"  Money contributed to 
super PACs is fully federally regulated so it  is, in the slang, "hard money."  
Jim Bopp

In a message dated 10/25/2011 3:04:04 P.M. Eastern Daylight Time,  
rhasen at law.uci.edu writes:

_“Super-Soft Money: How  Justice Kennedy paved the way for ‘SuperPACS’ and 
the return of soft  money’_ (http://electionlawblog.org/?p=24611)  
Posted  on _October 25, 2011 12:02 pm_ 
(http://electionlawblog.org/?p=24611)  by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

I have written _this Jurisprudence essay_ (http://slate.me/sun4y6)  for 
Slate. It  begins: 

Soft money is coming back to national politics, and in a big way. And we  
can blame it all on a single sentence in Justice Anthony Kennedy’s opinion  
in 2010’s controversial _Citizens United_ 
(http://www.supremecourt.gov/opinions/09pdf/08-205.pdf)  decision—a sentence that  was unnecessary to resolve 
the case.

In this election cycle, “_superPACs_ 
(http://www.csmonitor.com/USA/Elections/2011/1007/Election-101-Five-basics-about-super-PACs-and-2012-campaign-money
/What-is-a-super-PAC-and-how-is-it-different-from-an-ordinary-PAC) ” will 
likely _replace_ 
(http://www.nytimes.com/2011/08/28/us/politics/28donate.html?ref=politics)  political parties as a _conduit_ 
(http://www.propublica.org/blog/item/super-pacs-propublicas-guide-to-the-new-world-of-campaign-finance) 
 for large, often secret contributions, allowing an  end run around the 
$2,400 individual contribution limit and the bar on  corporate and labor 
contributions to federal candidates.
Another snippet: 

Now _comes_ (http://electionlawblog.org/?p=24567)  the most  _audacious_ 
(http://www.rollcall.com/issues/57_43/Super-PACs-Multiply-Head-to-Hill-209545-1
.html?pos=olobh)  argument in this series so far. If all PACs are  
Super-PACs, then the rules for these PACs should also apply to “leadership  PACs.” 
Leadership PACs are political committees that sitting members of  Congress 
(and others) set up to allow them to make contributions to other  candidates 
and spend money to support their election. It is a way for a  member of 
Congress to build influence.

Sen. Mike Lee’s Leadership PAC, the Constitutional Conservatives Fund  PAC, 
_has just  asked_ (http://saos.nictusa.com/aodocs/1188172.pdf)  the Federal 
Election Commission for permission to collect  unlimited contributions from 
corporations, labor unions, and wealthy  individuals for independent 
spending to elect other candidates. The  SuperPAC’s lawyers argue that there’s no 
danger of corrupting these other  candidates, because its spending to help 
them get elected will be  independent of those candidates.

Even if we suspend disbelief and agree on this point, the request ignores  
the greater danger: that the leader of the leadership PAC will  become, or 
appear, corrupt. Corporations or labor unions (acting through  other 
organizations to shield their identity from public view) could give  unlimited sums 
to an elected official’s leadership PAC, which could then be  used for the 
official to yield influence with  others.

There’s nothing to stop someone like Senate Minority Leader Mitch  
McConnell from effectively becoming the fundraising arm of the Republican  Party, 
funneling all the money through his leadership PAC. The  McCain-Feingold law 
barred political parties from collecting such unlimited  “soft money” 
contributions, and the Supreme Court in 2003 _upheld_ 
(http://www.law.cornell.edu/supct/html/02-1674.ZS.html)  that limit on the grounds that such unlimited  
fundraising by politicians could corrupt politicians or create the  
appearance of corruption.

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=24611&title=“
Super-Soft%20Money:%20How%20Justice%20Kennedy%20paved%20the%20way%20for%20‘SuperPACS’%20and%20the%20return%20of%20soft%20money’&description=) 

Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

_“State voter ID  measure expected to see some changes in Senate”_ 
(http://electionlawblog.org/?p=24608)  
Posted  on _October 25, 2011 7:53 am_ (http://electionlawblog.org/?p=24608) 
 by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

_News_ (http://www.post-gazette.com/pg/11295/1184048-454-0.stm)  from  Pa. 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=24608&title=“
State%20voter%20ID%20measure%20expected%20to%20see%20some%20changes%20in%20Senate”&description=) 

Posted in _election  administration_ (http://electionlawblog.org/?cat=18) , 
_voter id_ (http://electionlawblog.org/?cat=9)   | Comments Off 

_Give the People What  They Want_ (http://electionlawblog.org/?p=24606)  
Posted  on _October 25, 2011 7:52 am_ (http://electionlawblog.org/?p=24606) 
 by _Rick Hasen_ (http://electionlawblog.org/?author=3)   

Dean Logan _will  try_ 
(http://www.governing.com/blogs/view/LAs-Elections-Overhaul-Could-Be-a-Model.html)  in L.A. (h/t _The  Kinks_ 
(http://www.amazon.com/Give-People-What-They-Want/dp/B00000IM7P) ) 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=24606&title=Give%20the%20People%20What%20They%20Want&description=) 

Posted in _election  administration_ (http://electionlawblog.org/?cat=18)  
| Comments Off 
-- 
Rick Hasen
Professor of Law and Political  Science
UC Irvine School of Law
401 E. Peltason Dr., Suite  1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 -  fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) 
_http://law.uci.edu/faculty/page1_r_hasen.html_ 
(http://law.uci.edu/faculty/page1_r_hasen.html) 
_http://electionlawblog.org_ (http://electionlawblog.org/) 

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