[EL] Fortune 500 election-related contributions
Rick Hasen
rhasen at law.uci.edu
Mon Jul 9 11:14:12 PDT 2012
There was an uptick even before the change in the disclosure rules from
van Hollen. Here's a chart from CRP data of outside spending on IEs
over time:
Now here's the same chart, adding ECs on top of the IEs in the
translucent color---very little additional:
On 7/9/2012 11:09 AM, Marty Lederman wrote:
> Thanks, Rick. My assumption, however, is that all or virtually all of
> the spending in question has /not/ been used for advertising in the
> form of "magic words." Accordingly, that spending could have been
> used after WRtL, even if CU had come out the other way, right? And if
> I understand your post correctly, to the extent there has been an
> uptick in "magic words" independent expenditures, it might well be
> because they are subject to lesser disclosure rules than ECs, and not
> to CU.
>
> Is this correct?
>
> On Mon, Jul 9, 2012 at 1:59 PM, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
> I think the answer to this is complicated by the fact that there
> is now a fuller disclosure regime for electioneering
> communications than for independent expenditures (an ironic result
> of the van Hollen decision). But given the close timing of the
> two cases I don't think there's any way to tease out what kind of
> spending WRTL II would have unleashed without CU. You can see
> from the chart I sent around earlier that ECs were way up in 2008
> compared to 2004 (that is, in the period between WRTL and CU) but
> that ECs/IEs are way up over 2008 as well.
>
>
> On 7/9/2012 10:55 AM, Marty Lederman wrote:
>> If I may repeat a question I've asked before (to which I have yet
>> to see any answer -- perhaps I'm the only one who's interested!):
>>
>> To the extent spending has materially increased or changed in
>> nature in these past two or so election cycles, how much of the
>> change can be chalked up to Wisconsin Right to Life rather than
>> to CU?
>>
>> That is to say: Is an appreciable amount of the spending about
>> which you're all debating being expended for "magic words"
>> advertising, or could all or almost all of it have been spent
>> after WRtL, even if CU had come out the other way?
>>
>> Thanks in advance.
>>
>>
>>
>> On Mon, Jul 9, 2012 at 1:12 PM, Rick Hasen <rhasen at law.uci.edu
>> <mailto:rhasen at law.uci.edu>> wrote:
>>
>> It would be nice if we could have some data to back up such
>> assertions either way. Based on the data we have (see
>> below), it sure does look like CU changed the extent of
>> outside spending---corporate or not.
>> On 7/9/2012 10:01 AM, Kelner, Robert wrote:
>>>
>>> Lloyd Mayer’s response to Rick’s question below is exactly
>>> right. There was lots and lots of pre-CU c4 and c6
>>> election-related activity (in the lay sense of that term),
>>> and a good chunk of it was corporate funded. I don’t think
>>> that is or was exactly a state secret. I am hardly the first
>>> person to make this point. And acknowledging that history
>>> is critical to avoid misleading claims that CU somehow
>>> changed the way the world works. It did not.
>>>
>>> Robert K. Kelner
>>> COVINGTON & BURLING LLP
>>> 1201 Pennsylvania Avenue, NW
>>> Washington, DC 20004
>>> phone: (202) 662-5503 <tel:%28202%29%20662-5503>
>>> fax: (202) 778-5503 <tel:%28202%29%20778-5503>
>>> rkelner at cov.com <mailto:rkelner at cov.com>
>>>
>>> This message is from a law firm and may contain information
>>> that is confidential or legally privileged. If you are not
>>> the intended recipient, please immediately advise the sender
>>> by reply e-mail that this message has been inadvertently
>>> transmitted to you and delete this e-mail from your system.
>>> Thank you for your cooperation.
>>>
>>>
>>
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 <tel:949.824.3072> - office
> 949.824.0495 <tel: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://electionlawblog.org
> Pre-order The Voting Wars:http://amzn.to/y22ZTv
> www.thevotingwars.com <http://www.thevotingwars.com>
>
>
>
>
--
Rick Hasen
Chancellor's 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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com
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