[EL] NY grants NARAL exception from disclosure

[Smith, Brad]

If this has been noted here, I've missed it and apologize for the repeat.

This strikes me as a very important development. New York's Joint Commission on Public Ethics has exempted NARAL Pro-Choice New York from its disclosure requirements. NARAL is the first group to be exempted from the state's new law.

See http://www.newsday.com/opinion/editorial-naral-shouldn-t-have-exemption-on-donor-disclosure-1.5835247
http://online.wsj.com/article/AP4fd1c3e4b2884a288956ac17fdc4e037.html
http://www.nydailynews.com/blogs/dailypolitics/2013/08/senate-gop-dean-skelos-wants-jcope-to-suspend-narals-donor-exemption

Naturally, Republicans are crying foul that the Democratic dominated board has started by exempting a major liberal, pro-Governor Cuomo organization. And of course, the Board refuses to release the basis for its decision (since that could defeat the purpose of granting a legit exemption).

Personally, I have long argued that groups on both sides of the abortion debate are among the best examples of those that have reasons to shield their donors. But this really illustrates the potential for political abuse - or at least the appearance of political corruption - that exists when we give government these powers. It may not overcome the arguments for disclosure, or for as applied exemptions - but we must recognize it as a cost, and in my mind quite a sizeable one if one is concerned about confidence in government.


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
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