Congressional Record—Senate S5066
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HARD, SOFT and DARK MONEY Introduction Early Political Scandals
HARD, SOFT AND DARK MONEY Introduction Early political scandals involved money used for bribery or buying votes. Modern day scandals involve the appearances of corruption depending where gifts and campaign money came from. The U.S. Supreme Court has made a number of controversial decisions expanding the amounts of money in politics by characterizing political donations and expenditures to be exercises of freedom of speech. Among other results, those decisions have created a large and growing category of election related donations and contributions called “dark money.” Important Terms Defined Terms relating to money in politics that are used in this paper have definitions more exactly set out by law. These terms are fully addressed in the MIP paper Definitions for Money in Politics, Disclosure Requirements for PACs The relationships of PACs to their disclosure requirements are shown in the chart below. May Funding Disclosure Donations coordinate Corporations Sources required limited with can donate candidate Political parties PAC’s Super Pac’s 527’s 501(c)’s Dark Money Twenty-nine types of corporations are listed in §501(c) of the Internal Revenue Code (IRC) as qualified for nonprofit status. Social Welfare Organizations under §501(c) (4), Labor Unions under §501(c)(5), and Trade Associations under §501(c)(6) of the Internal Revenue Code are not required to report from whom they get their donations. Hence these donations are referred to as dark money. Since social welfare or business interests often intersect with political issues, these groups are allowed to use funds to influence elections, but there is otherwise no dollar limit on how much that can be, and they only need to report the majority of their expenditures in general terms. -
Brief of United States Senatorsenatorssss Sheldon Whitehouse and John Mccain As Amici Curiae in Support of Respondents ______
No. 11-1179 IN THE Supreme Court of the United States _______________ AMERICAN TRADITION PARTNERSHIP , INC ., F.K.A. WESTERN TRADITION PARTNERSHIP , INC ., ET AL ., Petitioners, v. STEVE BULLOCK , ATTORNEY GENERAL OF MONTANA , ET AL ., Respondents . _______________ On Petition For A Writ Of Certiorari To The Supreme Court of Montana _______________ BRIEF OF UNITED STATES SENATORSENATORSSSS SHELDON WHITEHOUSE AND JOHN MCCAIN AS AMICI CURIAE IN SUPPORT OF RESPONDENTS _______________ NEAL KUMAR KATYAL Counsel of Record JUDITH E. COLEMAN HOGAN LOVELLS US LLP 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-5528 [email protected] Counsel for Amici Curiae TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... ii STATEMENT OF INTEREST .................................... 1 SUMMARY OF ARGUMENT ..................................... 2 ARGUMENT ............................................................... 3 I. THE MONTANA SUPREME COURT APPLIED THE CORRECT LEGAL STANDARD TO THE FACTUAL RECORD BEFORE IT. ........................................................... 3 II. THE COURT SHOULD IN ALL EVENTS DECLINE PETITIONERS’ INVITATION TO SUMMARILY REVERSE. ............................... 5 A. Political Spending After Citizens United Demonstrates that Coordination and Disclosure Rules Do Not Impose a Meaningful Check on the System. ................... 8 B. Unlimited, Coordinated and Undisclosed Spending Creates a Strong Potential for Quid Pro Quo Corruption. ........ 17 C. The Appearance of Corruption -
The Impact of Organizational Characteristics on Super PAC
The Impact of Organizational Characteristics on Super PAC Financing and Independent Expenditures Paul S. Herrnson University of Connecticut [email protected] Presented at the Meeting of the Campaign Finance Task Force, Bipartisan Policy Center, Washington, DC, April 21, 2017 (revised June 2017). 1 Exe cutive Summa ry Super PACs have grown in number, wealth, and influence since the Supreme Court laid the foundation for their formation in Citizens United v. Federal Election Commission, and the decisions reached by other courts and the FEC clarified the boundaries of their political participation. Their objectives and activities also have evolved. Super PACs are not nearly as monolithic as they have been portrayed by the media. While it is inaccurate to characterize them as representative of American society, it is important to recognize that they vary in wealth, mission, structure, affiliation, political perspective, financial transparency, and how and where they participate in political campaigns. Organizational characteristics influence super PAC financing, including the sums they raise. Organizational characteristics also affect super PAC independent expenditures, including the amounts spent, the elections in which they are made, the candidates targeted, and the tone of the messages delivered. The super PAC community is not static. It is likely to continue to evolve in response to legal challenges; regulatory decisions; the objectives of those who create, administer, and finance them; and changes in the broader political environment. 2 Contents I. Introduction 3 II. Data and Methods 4 III. Emergence and Development 7 IV. Organizational Characteristics 11 A. Finances 11 B. Mission 14 C. Affiliation 17 D. Financial Transparency 19 E. -
The Rise and Impact of Fact-Checking in U.S. Campaigns by Amanda Wintersieck a Dissertation Presented in Partial Fulfillment O
The Rise and Impact of Fact-Checking in U.S. Campaigns by Amanda Wintersieck A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy Approved April 2015 by the Graduate Supervisory Committee: Kim Fridkin, Chair Mark Ramirez Patrick Kenney ARIZONA STATE UNIVERSITY May 2015 ABSTRACT Do fact-checks influence individuals' attitudes and evaluations of political candidates and campaign messages? This dissertation examines the influence of fact- checks on citizens' evaluations of political candidates. Using an original content analysis, I determine who conducts fact-checks of candidates for political office, who is being fact- checked, and how fact-checkers rate political candidates' level of truthfulness. Additionally, I employ three experiments to evaluate the impact of fact-checks source and message cues on voters' evaluations of candidates for political office. i DEDICATION To My Husband, Aza ii ACKNOWLEDGMENTS I wish to express my sincerest thanks to the many individuals who helped me with this dissertation and throughout my graduate career. First, I would like to thank all the members of my committee, Professors Kim L. Fridkin, Patrick Kenney, and Mark D. Ramirez. I am especially grateful to my mentor and committee chair, Dr. Kim L. Fridkin. Your help and encouragement were invaluable during every stage of this dissertation and my graduate career. I would also like to thank my other committee members and mentors, Patrick Kenney and Mark D. Ramirez. Your academic and professional advice has significantly improved my abilities as a scholar. I am grateful to husband, Aza, for his tireless support and love throughout this project. -
Irving Moskowitz, Controversial Backer of Israeli Settlements, Gives $1 Million to Anti- Obama Super PAC
UNCLASSIFIED U.S. Department of State Case No. F-2014-20439 Doc No. C05794264 Date: 11/30/2015 RELEASE IN PART B6 From: H <[email protected]> Sent: Saturday, April 14, 2012 1:12 PM To: '[email protected]' Subject: Fw: Worth reading. From: sbwhoeop [mailto Sent: Thursday, April 12, 2012 10:25 AM Subject: http://www.huffingtonpost.com/2012/04/12/irving-moskowitz-israeli-settlements-anti-obama-super-pac_n_1416041.html 14161 Blumenthal paulblumenthalnhuffincitonpost.com Irving Moskowitz, Controversial Backer Of Israeli Settlements, Gives $1 Million To Anti- Obama Super PAC Posted: 04/12/2012 9:21 am By Paul Blumenthal WASHINGTON -- Even in the era of unbridled campaign contributions, Irving Moskowitz's $1 million donation in February to American Crossroads, the Karl Rove-linked super PAC, is eye-catching. A retired physician who made a fortune purchasing hospitals and running bingo and casino operations in the economically depressed California town of Hawaiian Gardens, Moskowitz is well- known to those who follow the Israel-Palestine conflict. His contributions to far-right Jewish settler groups, questionable archaeological projects and widespread land purchases in East Jerusalem and the West Bank have routinely inflamed the region over the past four decades and, according to many familiar with the conflict, made him a key obstacle to peace in the Middle East. Now, at age 83, Moskowitz has turned his money on the American political realm in a more prominent fashion than ever before, funding "birther" groups that question the legitimacy of President Barack Obama's U.S. citizenship and others that stoke fears about the president's alleged ties to "radical Islam." Although he has funded Republican politicians and organizations in the past, his $1 million donation to American Crossroads is his biggest contribution to U.S. -
Senator Whitehouse Re-Introduces DISCLOSE Act With
Senator Whitehouse Re-introduces DISCLOSE Act with 49 Cosponsors, Reform Groups Urge Senate to Enact Bill to Close Gaping Disclosure Loopholes Used to Hide Donors from Voters Our organizations strongly support the DISCLOSE Act of 2014 introduced today by Senator Whitehouse (D-RI) with 49 cosponsors. Our organizations include Americans for Campaign Reform, the Brennan Center for Justice, the Campaign Legal Center, Citizens for Responsibility and Ethics in Washington, Common Cause, Democracy 21, Demos, the League of Women Voters, People For the American Way, Public Citizen and Sunlight Foundation. The legislation would ensure that voters know the identity of donors who have been secretly financing campaign expenditures in federal elections. Voters have a fundamental right to know this information. Donors funneled more than $300 million in secret contributions into the 2012 national elections through outside spending groups. National polls have shown that citizens overwhelmingly favor disclosure by outside groups of the donors financing their campaign expenditures. The basic right of citizens to know whose money is being spent to influence their votes has long been recognized by Congress in enacting campaign finance disclosure laws and by the Supreme Court in upholding these laws. The Supreme Court in the Citizens United case, by an overwhelming 8 to 1 vote, upheld the constitutionality of and need for disclosure requirements for outside groups making expenditures to influence federal elections. The Court stated: The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, TUESDAY, JULY 17, 2012 No. 107 Senate The Senate met at 10 a.m., and was U.S. SENATE, THE DISCLOSE ACT called to order by the Honorable CHRIS- PRESIDENT PRO TEMPORE, Mr. President, the corrosive effect of TOPHER A. COONS, a Senator from the Washington, DC, July 17, 2012. money on American politics isn’t a State of Delaware. To the Senate: product of the 21st century. More than Under the provisions of rule I, paragraph 3, 100 years ago, moneyed special inter- of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable CHRISTOPHER A. ests had already tested the integrity of The Chaplain, Dr. Barry C. Black, of- COONS, a Senator from the State of Dela- this country’s political system. fered the following prayer: ware, to perform the duties of the Chair. In 1899, copper billionaire William Let us pray. DANIEL K. INOUYE, Clark was elected to the U.S. Senate by God of grace and glory, You have al- President pro tempore. the Montana State legislature. The ready blessed us this day. We pause Mr. COONS thereupon assumed the contest was considered so blatantly now to acknowledge that we borrow chair as Acting President pro tempore. swayed by bribery the Senate refused to seat him. Here is how Clark fa- our heartbeats from You and that be- f cause of You we live and breathe and mously responded: RECOGNITION OF THE MAJORITY move and have our being. -
Civic Organizations and Investor Groups Call Upon Congress to Approve the DISCLOSE Act
April 23, 2012 Civic Organizations and Investor Groups Call Upon Congress to Approve the DISCLOSE Act Dear Representative, The undersigned organizations support H.R. 4010, the DISCLOSE 2012 Act, sponsored by Representative Chris Van Hollen. H.R. 4010 would provide the public with basic information about campaign expenditures made by outside groups to influence federal elections and the donors financing these expenditures. The legislation would also provide for timely disclosure by Super PACs, would require outside groups which make campaign expenditures to take responsibility for their campaign ads and would require corporations to inform their shareholders about their campaign expenditures. It is a cardinal rule of campaign finance laws that citizens are entitled to know the donors financing campaign expenditures to influence their votes, and the amounts they gave. This basic right to know has long been recognized by disclosure laws enacted by Congress and by Supreme Court decisions which upheld the constitutionality of these laws. In the Citizens United decision, the Supreme Court by an 8 to 1 vote upheld the constitutionality of disclosure requirements for outside groups making campaign expenditures. The Court stated: The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages. Polls show citizens strongly support disclosure by outside spenders. According to a New York Times article on a New York Times/CBS News poll released on October 28, 2010, Americans overwhelmingly, "favor full disclosure of spending by both campaigns and outside groups." The DISCLOSE 2012 Act contains only disclosure requirements and does not contain special exceptions for any groups. -
The Fourteen-Billion-Dollar Election Emerging Campaign Finance Trends and Their Impact on the 2020 Presidential Race and Beyond
12 The Fourteen-Billion-Dollar Election Emerging Campaign Finance Trends and their Impact on the 2020 Presidential Race and Beyond Michael E. Toner and Karen E. Trainer The 2020 presidential and congressional election was the most expensive election in American history, shattering previous fundraising and spending records. Total spending on the 2020 election totaled an estimated $14 bil- lion, which was more than double the amount spent during the 2016 cycle and more than any previous election in U.S. history. 1 The historic 2020 spending tally was more than was spent in the previous two election cycles combined.2 Moreover, former Vice President Joseph Biden and Senator Kamala Harris made fundraising history in 2020 as their presidential campaign became the first campaign in history to raise over $1 billion in a single election cycle, with a total of $1.1 billion.3 For their part, President Trump and Vice Presi- dent Pence raised in excess of $700 million for their presidential campaign, more than double the amount that they raised in 2016.4 The record amount of money expended on the 2020 election was also fu- eled by a significant increase in spending by outside groups such as Super PACs as well as enhanced congressional candidate fundraising. Political party expenditures increased in 2020, but constituted a smaller share of total electoral spending. Of the $14 billion total, approximately $6.6 billion was spent in connection with the presidential race and $7.2 billion was expended at the congressional level.5 To put those spending amounts into perspective, the $7.2 billion tally at the congressional level nearly equals the GDP of Monaco.6 More than $1 billion of the $14 billion was spent for online advertising on platforms such as Facebook and Google.7 203 204 Michael E. -
Amicus Briefs
Case: 18-16663, 03/20/2019, ID: 11235601, DktEntry: 39, Page 1 of 46 No. 18-16663 United States Court of Appeals for the Ninth Circuit ___________________ CITY OF OAKLAND; and CITY AND COUNTY OF SAN FRANCISCO, Plaintiffs-Appellants, v. B.P. P.L.C.; CHEVRON CORPORATION; CONOCOPHILLIPS; EXXON MOBIL CORPORATION; ROYAL DUTCH SHELL PLC; and DOES, 1 through 10, Defendants-Appellees. On Appeal from The United States District Court, Northern District of California Case Nos. 3:17-cv-06011-WHA, 3:17-cv-06012-WHA (Hon. William H. Alsup) ___________________ BRIEF OF AMICI CURIAE SENATORS SHELDON WHITEHOUSE, DIANNE FEINSTEIN, RICHARD BLUMENTHAL, MAZIE K. HIRONO, EDWARD J. MARKEY, AND KAMALA D. HARRIS IN SUPPORT OF APPELLEES AND REVERSAL ___________________ Gerson H. Smoger Robert S. Peck SMOGER & ASSOCIATES, P.C. CENTER FOR CONSTITUTIONAL 13250 Branch View Ln. LITIGATION, P.C. Dallas, TX 75234 455 Massachusetts Ave., N.W. (972) 243-5297 Washington, DC 20001 (510) 531-4529 (202) 944-2874 [email protected] [email protected] Attorneys for Amici Curiae Case: 18-16663, 03/20/2019, ID: 11235601, DktEntry: 39, Page 2 of 46 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. App. P. 26.1, amici curiae certify that they are individuals and not corporations. i Case: 18-16663, 03/20/2019, ID: 11235601, DktEntry: 39, Page 3 of 46 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT …………………………………….i TABLE OF AUTHORITIES ..……………………………………………………..iv AMICI CURIAE’S IDENTITY, INTEREST, AND AUTHORITY TO FILE ……1 SUMMARY OF ARGUMENT ……………………………………………………4 ARGUMENT ………………………………………………………………………5 I. THE LOWER COURT’S DECISION WITH RESPECT TO THE SEPARATION OF POWERS DOCTRINE RELIED ON INCOMPLETE INFORMATION AS TO DEFENDANTS’ OWN EFFORTS TO PREVENT POLICIES THAT ADDRESS CLIMATE CHANGE ………………………...5 A. -
UNIVERSITY of CALIFORNIA SAN DIEGO Conservative
UNIVERSITY OF CALIFORNIA SAN DIEGO Conservative Politics in a Time of “Fake News” and Irrelevant Truths A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Sociology by Ian Mullins Committee in Charge: Professor Isaac Martin, Chair Professor Richard Biernacki Professor Amy Binder Professor Robert Horwitz Professor Christena Turner 2018 Copyright Ian Mullins, 2018 All Rights Reserved The Dissertation of Ian Mullins is approved, and it is acceptable in quality and form for publication on microfilm and electronically: Chair University of California, San Diego 2018 iii EPIGRAPH "Alas," said the mouse, "the whole world is growing smaller every day. At the beginning it was so big that I was afraid, I kept running and running, and I was glad when I saw walls far away to the right and left, but these long walls have narrowed so quickly that I am in the last chamber already, and there in the corner stands the trap that I must run into." "You only need to change your direction," said the cat, and ate it up. Franz Kafka, A Little Fable iv TABLE OF CONTENTS Signature Page ............................................................................................................................... iii Epigraph ......................................................................................................................................... iv Table of Contents ............................................................................................................................ v -
Television Advertising in 2012
Television Advertising in 2012 WMP Directors: Erika Franklin Fowler, Michael M. Franz & Travis N. Ridout Brought to you by: Thanks also to: Kantar Media/CMAG Frequency Data Online Coding Tool Data We Collect • Sponsor (candidate, party, interest group) • Tone (positive, negative, contrast) • Issue themes, personal traits/adjectives & policy vs. personality balance of spot • Major politician mentions & tone • Mentions of party affiliation, magic words, etc. • Emotional appeals, music, voiceovers TRENDS IN VOLUME, COST, AND SPONSORSHIP Volume and Cost of Ads in 2012 Race Ad Airings Est. Cost House 685,787 $443,105,900 Senate 952,135 $558,121,120 President 1,431,939 $950,436,980 All federal 3,042,861 $1,923,754,550 Source: Wesleyan Media Project; Kantar Media/CMAG data Note: Local broadcast and national cable ads Ads in Presidential Race (6/1 to Election Day) 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 2004 2008 2012 Source: Wisconsin Advertising Project and Wesleyan Media Project; Kantar Media/CMAG data Note: Local broadcast and national cable ads Interest Group Activity Skyrockets in Presidential Primaries 59.1% 60.0% 50.0% 40.0% 30.0% 20.0% 14.5% 10.0% 4.1% 2.8% 0.0% 2000 2004 2008 2012 Source: Wisconsin Advertising Project and Wesleyan Media Project; Kantar Media/CMAG data Note: Local broadcast and national cable ads Top Advertisers in General Election Barack Obama 511,513 Mitt Romney 207,984 American Crossroads 81,553 Restore Our Future, Inc. 62,557 Crossroads GPS 61,610 Priorities USA Action 58,990 Americans for Prosperity 40,465 RNC 35,825 RNC & Romney 33,456 Americans for Job Security 10,410 American Future Fund 7,438 DNC & Obama 7,210 Source: Wesleyan Media Project; Kantar Media/CMAG data Money Isn’t Everything 700,000 600,000 +$1M 500,000 400,000 Pro-Obama 300,000 Pro-Romney 200,000 100,000 - Pres.