[EL] Enforceable Pact In Mass Senate Race?

[Smith, Brad]

My take is here: http://www.campaignfreedom.org/blog/detail/brown-warren-reach-deal-on-super-pacs-but-heres-a-better-idea.

An excerpt:
I have a better idea. Why not agree that the campaigns will not spend any money, except for salaries for staff and for travel. That would be much more easily enforceable, and we would know exactly who was breaking an agreement and how much they were spending to break it. It would not require trying to muzzle citizen speech. It would free both candidates from the onerous burden of fundraising, which we are constantly told is a major problem that inhibits them from meeting with "real" voters, and it would free them from having to meet with donors, which we are constantly told is a problem leading to corruption.

Think about it - it makes much more sense. Shut up the campaigns, and let the Super PACs do their jobs. The candidates can shake hands, hold barbecues, and make speeches. Just like if they had their campaigns paid for by the government.

Something tells me the candidates won't agree. I suspect they believe that their speech is worth hearing, even if the speech of their fellow citizens is not.


Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
  Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu<mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Matt Taylor
Sent: Monday, January 23, 2012 2:21 PM
To: law-election at department-lists.uci.edu
Subject: [EL] Enforceable Pact In Mass Senate Race?

Hi all,

Spoke to Rick about this already, but just putting out a request for thoughts/legal takes on the viability of a no Super PAC deal as is supposedly near-completion in the Scott Brown/Elizabeth Warren Senate race. Doing a piece for tomorrow morning on this.

Feel free to reach out off-list.

Best,

Matt Taylor, Political Correspondent
The National Memo
(347) 273-1636 (office)
(646) 783-8585 (mobile)
@matthewt_ny (twitter)

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