[EL] Why people don't understand campaign finance

[Smith, Brad]

This past week there was some discussion as to why people don't understand campaign finance laws, and also why they think more is spent than is, that corporations contribute to candidate campaigns, etc.

The first two links in today's news and commentary (below) may explain, in part, why.

Link one promises to be a lurid a story about "secret" money in campaigns, etc. etc., of the type that have been so common since 2010. And in fact, that's what I assumed it was. I wasn't going to read it. But I was told it was a "must read," so I followed orders. One a disappointing, rather meaningless column. It appears this fellow, James Roberts Williams, has donated a lot of money to candidates over the years, and nobody knows how he can afford to do so (or, better put, the reporter doing the story doesn't know how he can afford to do so). Despite the term "mystery donor" in the headline, the donor is well known and fully disclosed. Unless, of course, he's not giving his own money, but is making donations in the name of another. But if that's the case, he's violating the law already, and there is no proposed disclosure bill that I am aware of that would require more disclosure of Mr. Williams (nor is it quite clear what that would mean, since the presumption in this case is that he is already violating disclosure laws). There seems to be no evidence of any public corruption here, no favoritism in contracting, etc. His donations have gone to both parties. If anything is at all improper - and we don't know that yet -  it would appear that he was using money from investors to make campaign contributions to attract more money from investors by convincing them he was a political big shot, even though none of the investors benefited from any government favors. This is an interesting story of fraud - perhaps, if something like this is the case, which we don't know - but no more a campaign finance story than Bernie Madoff was a campaign finance story because he bankrupted the JEHT Foundation.  And the headline is totally wrong - Mr. Williams may be a "mysterious" donor, but he's not a "mystery" donor. We know who he is. (Note: The Times headline now reads "mysterious donor." I don't know whether Rick changed it or, more likely, Rick copied the original headline correctly and the Times eventually changed it.)

On to the second story. The aptly named Charles Blow informs us that because of Citizens United, Sheldon Adelson and the Koch Brothers can contribute large amounts to campaigns. Never mind that those amounts Blow throws around have not actually been spent, and that Citizens United doesn't enable individual spending. But Blow casually mixes up corporate spending, individual spending, contributions to campaigns and Super PACs, independent expenditures, money actually spent and money not raised or spent to inform us that the election is being "bought or stolen." Very helpful to the public's understanding, Chuck.






Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Saturday, July 28, 2012 1:14 PM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 7/28/12

“Behind Big Political Gifts, a Mystery Donor”<http://electionlawblog.org/?p=37669>
Posted on July 28, 2012 10:10 am<http://electionlawblog.org/?p=37669> by Rick Hasen<http://electionlawblog.org/?author=3>

Must-read front-page NYT<http://www.nytimes.com/2012/07/28/nyregion/behind-big-political-gifts-a-mysterious-donor-from-queens.html?ref=politics>: “It is a small apartment in a scrubby section of Jamaica, Queens, where the average household income is $33,800 and many residents receive government assistance. But from this unlikely address, nearly $900,000 has flowed to the campaign accounts of powerful political players across the country. It is hard to say where the big sums are coming from.”

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37669&title=%E2%80%9CBehind%20Big%20Political%20Gifts%2C%20a%20Mystery%20Donor%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Where’s the Outrage?”<http://electionlawblog.org/?p=37666>
Posted on July 28, 2012 10:00 am<http://electionlawblog.org/?p=37666> by Rick Hasen<http://electionlawblog.org/?author=3>

Charles Blow NYT column<http://www.nytimes.com/2012/07/28/opinion/blow-wheres-the-outrage.html?_r=1&hp>: “Are too many Democratic voters sleepwalking away from our democracy this election cycle, not nearly outraged enough about Big Money’s undue influence and Republican state legislatures changing the voting rules?  It seems so.”

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37666&title=%E2%80%9CWhere%E2%80%99s%20the%20Outrage%3F%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
“Alabama Seeks Court OK for Redistricting, Bypasses DOJ”<http://electionlawblog.org/?p=37663>
Posted on July 28, 2012 9:57 am<http://electionlawblog.org/?p=37663> by Rick Hasen<http://electionlawblog.org/?author=3>

WSJ law blog:<http://blogs.wsj.com/law/2012/07/27/alabama-seeks-court-ok-for-redistricting-bypasses-doj/> “The Voting Rights Act has been challenged<http://www.chicagotribune.com/news/sns-rt-us-usa-voting-rights-challengebre86j16u-20120720,0,7296229.story> more in the last two years than in the previous 45 years, and as the state of Alabama goes to court seeking approval for its redistricting plan, it’s also looking to have the preclearance provision of the law declared unconstitutional.”

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37663&title=%E2%80%9CAlabama%20Seeks%20Court%20OK%20for%20Redistricting%2C%20Bypasses%20DOJ%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
“Wisconsin: Group finishes audit of Rock County recall ballots, finds no major discrepancies”<http://electionlawblog.org/?p=37660>
Posted on July 28, 2012 9:49 am<http://electionlawblog.org/?p=37660> by Rick Hasen<http://electionlawblog.org/?author=3>

This item<http://recallelections.blogspot.com/2012/07/wisconsin-group-finishes-audit-of-rock.html> appears at the Recall Elections Blog.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37660&title=%E2%80%9CWisconsin%3A%20Group%20finishes%20audit%20of%20Rock%20County%20recall%20ballots%2C%20finds%20no%20major%20discrepancies%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, recall elections<http://electionlawblog.org/?cat=11> | Comments Off
“Chamber Leads Independent Expenditures With $6.7 Million in Ads in 10 Senate Races”<http://electionlawblog.org/?p=37657>
Posted on July 28, 2012 9:46 am<http://electionlawblog.org/?p=37657> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=27431898&vname=mpebulallissues&jd=a0d3v8u7a9&split=0>: “The U.S. Chamber of Commerce, which until last month had never reported independent expenditures explicitly supporting or opposing federal candidates, has quickly jumped up the campaign spending list with a $6.7 million television advertising buy reported to the Federal Election Commission late July 26. The new ads reported by the Chamber are airing in 10 U.S. Senate races. They explicitly seek to defeat Democrats and benefit Republicans.”

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37657&title=%E2%80%9CChamber%20Leads%20Independent%20Expenditures%20With%20%246.7%20Million%20in%20Ads%20in%2010%20Senate%20Races%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“I’m Just a Bill” — ALEC Bashing Edition<http://electionlawblog.org/?p=37654>
Posted on July 28, 2012 9:44 am<http://electionlawblog.org/?p=37654> by Rick Hasen<http://electionlawblog.org/?author=3>

Regular ELB readers know I collect links <http://electionlawblog.org/?s=%22i%27m+just+a+bill%22> to various parodies of the Schoolhouse Rock Classic, “I’m Just a Bill.”

The production values on this latest one<http://www.prwatch.org/node/11669> are excellent, but it is also the most controversial one yet.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37654&title=%E2%80%9CI%E2%80%99m%20Just%20a%20Bill%E2%80%9D%20%E2%80%94%20ALEC%20Bashing%20Edition&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>, legislation and legislatures<http://electionlawblog.org/?cat=27> | Comments Off
“Gessler besieged by critics of proposed rules”<http://electionlawblog.org/?p=37652>
Posted on July 28, 2012 9:42 am<http://electionlawblog.org/?p=37652> by Rick Hasen<http://electionlawblog.org/?author=3>

Wow<http://www.coloradostatesman.com/content/993634-gessler-besieged-critics-proposed-rules>.  It looks like Colorado will be the front line <http://nbcpolitics.msnbc.msn.com/_news/2012/07/27/12991424-election-official-could-be-pivotal-in-battleground-colorado?lite>  in 2012 in the voting wars.<http://www.amazon.com/Voting-Wars-Florida-Election-Meltdown/dp/0300182031/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1329286945&sr=1-2-catcorr>

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37652&title=%E2%80%9CGessler%20besieged%20by%20critics%20of%20proposed%20rules%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
“Civil Rights Group Calls For Probe Of Romney’s ‘Interference’ With VA Voter Registration”<http://electionlawblog.org/?p=37649>
Posted on July 27, 2012 12:39 pm<http://electionlawblog.org/?p=37649> by Rick Hasen<http://electionlawblog.org/?author=3>

The latest<http://livewire.talkingpointsmemo.com/entries/civil-rights-group-calls-for-probe-of-romneys> from Virginia.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37649&title=%E2%80%9CCivil%20Rights%20Group%20Calls%20For%20Probe%20Of%20Romney%E2%80%99s%20%E2%80%98Interference%E2%80%99%20With%20VA%20Voter%20Registration%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter registration<http://electionlawblog.org/?cat=37>, voting<http://electionlawblog.org/?cat=31>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
“Outside groups may have to disclose donors”<http://electionlawblog.org/?p=37646>
Posted on July 27, 2012 12:19 pm<http://electionlawblog.org/?p=37646> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico reports<http://www.politico.com/news/stories/0712/79066.html>.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37646&title=%E2%80%9COutside%20groups%20may%20have%20to%20disclose%20donors%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10>, tax law and election law<http://electionlawblog.org/?cat=22> | Comments Off
John McCain 3.0<http://electionlawblog.org/?p=37642>
Posted on July 27, 2012 12:18 pm<http://electionlawblog.org/?p=37642> by Rick Hasen<http://electionlawblog.org/?author=3>

The NYT<http://www.nytimes.com/2012/07/27/us/politics/once-a-rebel-mccain-now-walks-the-party-line.html?_r=1&ref=politics> on the Senator’s latest incarnation.  I prefer version 2.0: “the maverick who bucked his party on the environment and campaign finance.”  Sometimes these upgrades are no improvement on the earlier version.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37642&title=John%20McCain%203.0&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Appeals Court Rejects Broadcasters’ Bid to Block FCC Disclosure Rules”<http://electionlawblog.org/?p=37639>
Posted on July 27, 2012 12:09 pm<http://electionlawblog.org/?p=37639> by Rick Hasen<http://electionlawblog.org/?author=3>

National Journal<http://www.nationaljournal.com/tech/appeals-court-rejects-broadcasters-bid-to-block-fcc-disclosure-rules-20120727>: “A federal appellate court on Friday denied a request by broadcasters to immediately block new Federal Communications Commission rules requiring stations to make political ad information available online.”

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37639&title=%E2%80%9CAppeals%20Court%20Rejects%20Broadcasters%E2%80%99%20Bid%20to%20Block%20FCC%20Disclosure%20Rules%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Legal Center Joins Voting Rights Litigation in South Carolina & Florida”<http://electionlawblog.org/?p=37636>
Posted on July 27, 2012 11:54 am<http://electionlawblog.org/?p=37636> by Rick Hasen<http://electionlawblog.org/?author=3>

See this press release<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1821:july-27-2012-legal-center-joins-voting-rights-litigation-in-south-carolina-a-florida&catid=63:legal-center-press-releases&Itemid=61> from the Campaign Legal Center.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37636&title=%E2%80%9CLegal%20Center%20Joins%20Voting%20Rights%20Litigation%20in%20South%20Carolina%20%26%20Florida%E2%80%9D&description=>
Posted in The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>, Voting Rights Act<http://electionlawblog.org/?cat=15> | Comments Off
” FEC says it will enforce nonprofit disclosure rules”<http://electionlawblog.org/?p=37633>
Posted on July 27, 2012 11:02 am<http://electionlawblog.org/?p=37633> by Rick Hasen<http://electionlawblog.org/?author=3>

WaPo reports<http://www.washingtonpost.com/politics/fec-says-it-will-enforce-nonprofit-disclosure-rules/2012/07/27/gJQAwIy5DX_story.html>.

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37633&title=%E2%80%9D%20FEC%20says%20it%20will%20enforce%20nonprofit%20disclosure%20rules%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
“Dems file fed lawsuit to stop shortened early-voting days in Florida”<http://electionlawblog.org/?p=37631>
Posted on July 27, 2012 11:01 am<http://electionlawblog.org/?p=37631> by Rick Hasen<http://electionlawblog.org/?author=3>

The Miami Herald reports<http://miamiherald.typepad.com/nakedpolitics/2012/07/dems-file-fed-lawsuit-to-stop-shortened-early-voting-days-in-florida.html>.  Read the press release<http://electionsmith.wordpress.com/2012/07/27/rep-corrine-brown-files-federal-lawsuit-over-shortened-early-voting-period/>.

--
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<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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120729/83e54244/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: share_save_171_16.png
Type: image/png
Size: 1504 bytes
Desc: share_save_171_16.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120729/83e54244/attachment.png>