[EL] Money from Corporations
Mark Schmitt
schmitt.mark at gmail.com
Wed Mar 26 14:59:37 PDT 2014
I've talked to high school students about it, and a lot of college
students, and Brad is absolutely right: There's an extraordinary lack of
knowledge about the rudiments of campaign finance law, and I agree that
there's an assumption that it is even less restrictive than it actually
is. I don't see any reason to believe that understanding declines among
better-informed voters -- although it's possible that there are people
who know nothing at all, and know they know nothing, and then one step
up, there are people who think they know something, but it isn't
accurate. There's a lot of ignorance about many issues, of course. But
at least on issues like Medicare or taxes, people have some experience
or know someone who interacts with the program. For the vast majority of
people, political money is just a vague bad thing that's out there --
they've never raised it, never contributed, never been asked to
contribute.
I tried to help out a group of college students who were interested in
the issue last year, and they studied and deliberated and came up with
the following idea: Amend the Constitution to require that political
action committees register with the FEC and disclose their donors.
The constitutional-amendment left bears a lot of responsibility for
this, because in the name of mobilizing people, they have spread a huge
amount of misinformation about what Citizens United actually did.
Millions of people are under the impression that until you amend the
Constitution (which is, never), political money is totally unregulated.
Perhaps we can find some common ground in an effort to encourage a more
thoughtful and informed debate about these issues. For my part, I
believe that programs that encourage small donors, like New York City's
or, can help because they give many more people an experience of
participating in the process, and can see what it is, and what it isn't.
------ Original Message ------
From: "Josh Orton" <orton at progressivesunited.org>
To: "Smith, Brad" <BSmith at law.capital.edu>
Cc: "law-election at UCI.edu" <law-election at uci.edu>
Sent: 3/26/2014 2:04:10 PM
Subject: Re: [EL] Money from Corporations
>I haven't talked to any high schoolers about this, but my general
>conclusion is that corporate involvement in elections is wildly
>unpopular, and that's why politicians are so eager to run against it in
>all its forms. And, case in point, Khanna has been seen as the darling
>of corporate tech execs and he knows it.
>
>Corporate involvement in elections is wildly unpopular. It's probably
>why election lawyers have been paid gobs of money to create the
>political front groups that hide it!
>
>
>
>On Wed, Mar 26, 2014 at 11:14 AM, Smith, Brad <BSmith at law.capital.edu>
>wrote:
>>I think he could be too, and I considered going on to address that.
>>But here's the thing - when you explain to people where and how a
>>corporate PAC gets money, virtually no one I have ever spoken to
>>doesn't think that that is a significant difference from "corporate
>>money." They may not think it should matter legally or as a policy
>>matter, but they still recognize that it is a difference
>>
>>But that reflects the problem - people can't make realistic
>>assessments of what should or should not be allowed, nor can they even
>>begin to understand the law, when these distinctions are simply
>>blurred over. And is there really much doubt that Khanna would be very
>>happy if many voters thought that his opponents were getting direct
>>(unlimited?) corporate contributions?
>>
>>
>>
>>Again, this type of low public understanding is hardly confined to
>>campaign finance issues. But also again, I think there is some reason
>>to believe that public understanding of campaign finance law actually
>>declines among better informed voters, something of an upside down
>>bell curve.
>>
>>
>>
>>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: Byron Tau [btau at politico.com]
>>Sent: Wednesday, March 26, 2014 12:08 PM
>>To: Smith, Brad
>>Cc:law-election at UCI.edu
>>
>>Subject: Re: [EL] Money from Corporations
>>
>>I think Khanna — the candidate in question — is talking about
>>corporate PACs.
>>
>>I wrote about a to-do where corporate PACs were backing his opponent
>>and the same corporate CEOs were backing him. Meaning that corporation
>>PACs were betting against their own CEOs.
>>
>>http://www.politico.com/story/2013/11/silicon-valley-ro-khanna-99297.html
>>
>>The Khanna campaign made a big to-do at the time about not taking
>>corporate special interest PAC money. (As if taking cash from a
>>wealthy CEO but not a corporate PAC makes a big difference... But
>>that's another issue)
>>
>>
>>--
>>
>>Byron Tau
>>
>>Lobbying and influence reporter || POLITICO
>>
>>c: 202-441-1171
>>
>>d: 703-341-4610
>>
>>Follow: @byrontau
>>
>>Subscribe to: http://www.politico.com/politicoinfluence/
>>
>>
>>
>>
>>On Mar 26, 2014, at 11:44 AM, "Smith, Brad" <BSmith at law.capital.edu>
>>wrote:
>>
>>>CA Congressional Candidate Vows He Won’t Take Money from Corporations
>>>Posted on March 26, 2014 6:48 amby Rick Hasen
>>>Which he can’t do anyway! Watch.
>>>
>>>
>>>
>>>This is a pretty common misunderstanding these days. Indeed, I
>>>regularly find that people think that campaign finance laws are far
>>>less restrictive than they are. I recall some years ago speaking to
>>>one of the groups that brings high school kids to Washington in the
>>>summer, and in the evenings they would have debates. One of the
>>>debate proposals was over a campaign finance proposal the kids had
>>>drawn up to regulate money in politics - I had to point out to them
>>>that their proposal would actually be deregulation.There is at least
>>>some reason to believe that voters who are better educated and read
>>>the papers are actually more likely to misunderstand campaign finance
>>>law, and to overstate the amounts actually spent, than less informed
>>>voters and voters who don't follow the news.
>>>Of course, there are lots of issues on which voters are ill-informed.
>>>But it seems unusual where the best informed voters might be most
>>>likely to be the most misinformed voters.
>>>
>>>
>>>
>>>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: Wednesday, March 26, 2014 10:23 AM
>>>To:law-election at UCI.edu
>>>Subject: [EL] ELB News and Commentary 3/26/14
>>>
>>>New York Joins National Popular Vote Compact to Circumvent Electoral
>>>College
>>>Posted on March 26, 2014 7:22 amby Rick Hasen
>>>Capital NY: “With New York’s 29 electors, the interstate compact
>>>would have 160 electors, or the 60 percent of the 270 it needs to
>>>take effect.”
>>>
>>><share_save_171_16.png>
>>>Posted inelectoral college
>>>“Fighting Words: NYC BOE Claims City Council is ‘Cash Starving’ it in
>>>Budget”
>>>Posted on March 26, 2014 7:19 amby Rick Hasen
>>>A ChapinBlog.
>>>
>>><share_save_171_16.png>
>>>Posted inelection administration
>>>“Scott Brown is right to avoid the ‘People’s Pledge’ politicians’
>>>pact”
>>>Posted on March 26, 2014 6:52 amby Rick Hasen
>>>Eric Wang commentary in the Daily Caller.
>>>
>>><share_save_171_16.png>
>>>Posted incampaign finance
>>>CA Congressional Candidate Vows He Won’t Take Money from Corporations
>>>Posted on March 26, 2014 6:48 amby Rick Hasen
>>>Which he can’t do anyway! Watch.
>>>
>>><share_save_171_16.png>
>>>Posted incampaign finance, campaigns
>>>“Jean-Pierre Kingsley: Election bill puts right to vote at risk”
>>>Posted on March 25, 2014 8:56 pmby Rick Hasen
>>>CBC reports. #CanadianVotingWars
>>>
>>><share_save_171_16.png>
>>>Posted inThe Voting Wars
>>>Read the CA Reed Decision on Candidate Controlled Committee
>>>Contributions to Super PACs
>>>Posted on March 25, 2014 8:51 pmby Rick Hasen
>>>Following up on this post, thanks to a few readers for passing along
>>>Chuck Reed v. FPPC.
>>>
>>>I hope to have some analysis of this at some point.
>>>
>>><share_save_171_16.png>
>>>Posted incampaign finance
>>>“Are Koch Brothers Republicans or Just Kochs?”
>>>Posted on March 25, 2014 8:46 pmby Rick Hasen
>>>Frank Wilkinson writes for Bloomberg View.
>>>
>>><share_save_171_16.png>
>>>Posted incampaign finance
>>>“Former offender acquitted in Iowa voter fraud case”
>>>Posted on March 25, 2014 8:37 pmby Rick Hasen
>>>AP:
>>>
>>>>A former drug offender who believed her voting rights had been
>>>>restored when she cast a ballot last year was acquitted of perjury
>>>>Thursday, a public rebuke of Iowa’s two-year investigation into
>>>>voter fraud.
>>>>
>>>>The 12-member jury took less than 40 minutes to reject the
>>>>prosecution’s argument that Kelli Jo Griffin intentionally lied on a
>>>>voter registration form she filled out for a municipal election in
>>>>the southeastern Iowa town of Montrose.
>>>>
>>><share_save_171_16.png>
>>>Posted infelon voting
>>>“Publius Was Not a PAC: Reconciling Anonymous Political Speech, the
>>>First Amendment, and Campaign Finance Disclosure”
>>>Posted on March 25, 2014 8:32 pmby Rick Hasen
>>>Wyoming Law Review article: Publius Was Not a PAC: Reconciling
>>>Anonymous Political Speech, the First Amendment, and Campaign Finance
>>>Disclosure by Benjamin Barr and Stephen R. Klein.
>>>
>>><share_save_171_16.png>
>>>Posted incampaign finance
>>>“Law and Politics: What’s the Matter with Kansas (and Arizona)?”
>>>Posted on March 25, 2014 10:36 amby Rick Hasen
>>>Jerry Goldfeder has written this commentary for Law.com.
>>>
>>><share_save_171_16.png>
>>>Posted inElections Clause, NVRA (motor voter), The Voting Wars
>>>-- 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.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>>_______________________________________________
>>>Law-election mailing list
>>>Law-election at department-lists.uci.edu
>>>http://department-lists.uci.edu/mailman/listinfo/law-election
>>
>>_______________________________________________
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