[EL] Push Polling

[Smith, Brad]

Or it's been suggested to me that I missed David's point and he's agreeing with me.


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 Smith, Brad
Sent: Wednesday, May 01, 2013 6:24 PM
To: David Adamany
Cc: law-election at uci.edu
Subject: Re: [EL] Push Polling

David, this saddens me - your questions are exactly the type of one sided stuff put out regularly by the reform groups, swallowed eagerly by a credulous press, and generally untrue, such as "fec deadlocks regularly on partisan lines" or the idea that there is reason to believe that "shell" corps are a common practice or that shareholders are demanding sec mandated disclosure. I tried to show how one-sided the discussion is. Your response seems to be that such one-sidedness is as it should be- or in fact, doesn't go far enough. You seem to suggest that the debate should be put in even more loaded terms.

The problem is apparently worse than I thought.

Sent from my iPhone

On May 1, 2013, at 5:59 PM, "David Adamany" <adamany at temple.edu<mailto:adamany at temple.edu>> wrote:


Although I tend to see issues differently than Brad Smith, I attentively read his posts because he almost always presents a point of view quite different from mine and one that I want my students to know about.  I'm not sure his proposed push poll is up to his usual standards, and I offer a rare proposal for revision of one of Brad's posts, which I have reprinted below:


I'm thinking of doing my own push poll on money in politics. It will go something like this:

- What would you think of the FEC if I told you it "regularly deadlocks" on many of the most important issues it faces.  [in fact, even at current record levels, it deadlocks relatively infrequently, and most "deadlocks" actually decide the issue involved)].

- Would you be more inclined to support new restrictions on campaign finance and new disclosure rules if I told you that the political system was being influenced by $350,000,000 of [swamped with] dark money? (In fact, "dark money" - no push nomenclature there - amounts to less than 5% of 2012 spending in federal races).

- What would you think if I told you that the FEC can't function because all of the commissioners' terms have expired and the commission regularly divides with three Democratic appointees voting on one side of issues and three Republican appointees voting on the other side.? (in fact, commissioners can remain and retain full powers after the expiration of their terms).

- Would you be more likely to support SEC mandating disclosure of corporate trade association dues if I told you that a minority of shareholders strongly objected to using their share of corporate funds to support candidates they oppose or even detest?  [shareholders wanted such information]? (in fact, in 12 shareholder votes this proxy season, disclosure is 0-12, with an average vote less than 20%.).

- Do you support sham political advocacy?

- Would you be more or less inclined to support more disclosure laws if I told you that the use of "shell" corporations who spend large amounts of money to influence elections and do not disclose the money they receive from wealthy individuals and from corporations who contribute to those  corporations to conceal their identities?  [to hide the sources of political funding was now a common tactic? (in fact, there is no evidence it is a common tactic)].


With all due respect.





David Adamany
Laura Carnell Professor of Law
and Political Science, and
Chancellor
1810 Liacouras Walk, Ste 330
Temple University
Philadelphia, PA 19122
(215) 204-9278

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