The Fourteen-Billion-Dollar Election Emerging Campaign Finance Trends and Their Impact on the 2020 Presidential Race and Beyond
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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. -
ASD-Covert-Foreign-Money.Pdf
overt C Foreign Covert Money Financial loopholes exploited by AUGUST 2020 authoritarians to fund political interference in democracies AUTHORS: Josh Rudolph and Thomas Morley © 2020 The Alliance for Securing Democracy Please direct inquiries to The Alliance for Securing Democracy at The German Marshall Fund of the United States 1700 18th Street, NW Washington, DC 20009 T 1 202 683 2650 E [email protected] This publication can be downloaded for free at https://securingdemocracy.gmfus.org/covert-foreign-money/. The views expressed in GMF publications and commentary are the views of the authors alone. Cover and map design: Kenny Nguyen Formatting design: Rachael Worthington Alliance for Securing Democracy The Alliance for Securing Democracy (ASD), a bipartisan initiative housed at the German Marshall Fund of the United States, develops comprehensive strategies to deter, defend against, and raise the costs on authoritarian efforts to undermine and interfere in democratic institutions. ASD brings together experts on disinformation, malign finance, emerging technologies, elections integrity, economic coercion, and cybersecurity, as well as regional experts, to collaborate across traditional stovepipes and develop cross-cutting frame- works. Authors Josh Rudolph Fellow for Malign Finance Thomas Morley Research Assistant Contents Executive Summary �������������������������������������������������������������������������������������������������������������������� 1 Introduction and Methodology �������������������������������������������������������������������������������������������������� -
Limiting Political Contributions After Mccutcheon, Citizens United, and Speechnow Albert W
Florida Law Review Volume 67 | Issue 2 Article 1 January 2016 Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow Albert W. Alschuler Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Election Law Commons Recommended Citation Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow, 67 Fla. L. Rev. 389 (2016). Available at: http://scholarship.law.ufl.edu/flr/vol67/iss2/1 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Alschuler: Limiting Political Contributions After <i> McCutcheon</i>, <i>Cit LIMITING POLITICAL CONTRIBUTIONS AFTER MCCUTCHEON, CITIZENS UNITED, AND SPEECHNOW Albert W. Alschuler* Abstract There was something unreal about the opinions in McCutcheon v. FEC. These opinions examined a series of strategies for circumventing the limits on contributions to candidates imposed by federal election law, but they failed to notice that the limits were no longer breathing. The D.C. Circuit’s decision in SpeechNow.org v. FEC had created a far easier way to evade the limits than any of those the Supreme Court discussed. SpeechNow held all limits on contributions to super PACs unconstitutional. This Article argues that the D.C. Circuit erred; Citizens United v. FEC did not require unleashing super PAC contributions. The Article also considers what can be said for and against a bumper sticker’s declarations that “MONEY IS NOT SPEECH!” and “CORPORATIONS ARE NOT PEOPLE!” It proposes a framework for evaluating the constitutionality of campaign-finance regulations that differs from the one currently employed by the Supreme Court. -
Black Lives Matter's Organizational Structure
JULY/AUGUST 2020 SEATTLE PORTLAND MINNEAPOLIS BOSTON NEW YORK CITY WASHINGTON, DC SAN FRANCISCO BEHIND THE UNREST: BLACK LIVES MATTER’S ORGANIZATIONAL PAGE 13 STRUCTURE AND FUNDRAISING ALSO IN THIS ISSUE: Terror of the Unborn: The Dynamics of Slay the Dragon: Warren Buffett’s Billions Civil Forfeiture Save Democracy by 5 for Abortion 21 Reform 27 Eliminating Democracy www.CapitalResearch.org Is Your Legacy Safe? An instructive and cautionary tale for our time. —W.J. Hume, Jaquelin Hume Foundation for anyone thinking about establishing a private foundation. —Linda Childears, No, your legacy is not safe. gone, the odds of successful giving are stacked even higher against you. Entrepreneurial geniuses like Andrew Carnegie, John D. Rockefeller, and Henry Ford were rarely tricked out of their money in business deals. But when they gave their money away, they failed to have their intentions respected. your legacy. Everyone who wants to use their money to change the world needs to read this book. Find it on Amazon JULY/AUGUST 2020 CONTENTS Volume 5, Issue 5 FOUNDATION WATCH Terror of the Unborn: 5 Warren Buffett’s Billions for Abortion 3 By Hayden Ludwig COMMENTARY The Various Faces of Black Lives Matter By Robert Stilson SPECIAL REPORT Behind the Unrest: 13 Black Lives Matter’s Capital Research is a monthly publication of the Capital Research Organizational Structure Center (CRC), a nonpartisan education and Fundraising and research organization, classified by the IRS as a 501(c)(3) public charity. By Hayden Ludwig and Robert Stilson CRC is an independent, tax-exempt institution governed by an independent board of trustees. -
CNN 2020 New Hampshire Primary Poll
CNN 2020 NH Primary Poll CNN 2020 New Hampshire Primary Poll These findings are based on the latest CNN 2020 New Hampshire Primary Poll, conducted by the University of New Hampshire Survey Center. Seven hundred five (705) randomly selected New Hampshire adults were interviewed in English by landline and cellular telephone between February 6 and February 9, 2020. The margin of sampling error for the survey is +/- 3.7 percent. Included in the sample were 365 likely 2020 Democra c Primary voters (margin of sampling error +/- 5.1 percent) and 212 likely 2020 Republican Primary voters (margin of sampling error +/- 6.7 percent). Trend points prior to July 2019 reflect results from the Granite State Poll, conducted by the University of New Hampshire Survey Center. The random sample used in the CNN 2020 New Hampshire Primary Poll was purchased from Scien fic Telephone Samples (STS), Rancho Santo Margarita, CA. STS screens each selected telephone number to eliminate non-working numbers, disconnected numbers, and business numbers to improve the efficiency of the sample, reducing the amount of me interviewers spend calling non-usable numbers. When a landline number is reached, the interviewer randomly selects a member of the household by asking to speak with the adult currently living in the household who has had the most recent birthday. This selec on process ensures that every adult (18 years of age or older) in the household has an equal chance of being included in the survey. The data have been weighted to adjust for numbers of adults and telephone lines within households. -
Voter Intent Posters
envelope Democratic Sort 2 Mark one party declaration box (required) Democratic Party X decare that m art preference i the Democratic Part an wil not Tabulate articiate i the nomiatio roce o an other politica art for the 202 Presidentia election. Republican Party decare that am a Republica an have not particiate an wil not articiate i the 202 precict caucu or conventio system o an other arty. Declared-party Ballot, Declared-party Ballot, Declared-party Ballot ballot Write-in ballot Overvote ballot Deocratic Party Republican Party Deocratic Party Republican Party Deocratic Party Republican Party I you ared Deocratic Party on I you ared Republican Party on I you ared Deocratic Party on I you ared Republican Party on I you ared Deocratic Party on I you ared Republican Party on your return envelope, you ust vote your return envelope, you ust vote your return envelope, you ust vote your return envelope, you ust vote your return envelope, you ust vote your return envelope, you ust vote or O Deocratic candidate below. or O Republican candidate below. or O Deocratic candidate below. or O Republican candidate below. or O Deocratic candidate below. or O Republican candidate below. icae eet Doa Trm icae eet Doa Trm icae eet Doa Trm oe ie __________________________ oe ie __________________________ oe ie __________________________ icae oomer icae oomer icae oomer or ooer or ooer or ooer ete ttiie ete ttiie ete ttiie o Deae o Deae o Deae i aar i aar i aar m ocar m ocar m ocar Dea atric Dea atric Dea atric erie Saer erie Saer erie Saer om Steer om Steer om Steer iaet arre iaet arre iaet arre re a re a re a committe Deeate committe Deeate committe Deeate __________________________ __________________________A. -
Removing Individual and Party Limits on Contributions to Presidential Campaigns
Facing the Coordination Reality: Removing Individual and Party Limits on Contributions to Presidential Campaigns BY ZACHARY MORRISON* Since Citizens United, a new era of campaigning has emerged in which traditional campaign functions have been outsourced to candidate-centric outside groups. In the 2016 presidential election, ten campaigns had raised less money than their allied Super PACs and other outside groups. Federal election regulations that restrict coordination between these outside groups and campaigns are outdated and poorly enforced. American democracy is weakened by this unprecedented electoral activity because of decreased donor transparency, increased negativity without accountability, and voter confusion. This Note concludes, after examining outside group political activity in the 2012 and 2016 presidential cycles, that candidate-centric outside groups create the same risk of corruption as direct contributions to campaigns. Therefore, this Note proposes that proponents of stricter campaign finance regulation should consider removing limits on individual and political party contributions to presidential campaigns. Allowing individuals and parties to provide unlimited funds to campaigns would diminish the appeal of outside groups and increase the political pressure on campaigns to disavow their use. This realistic, if not pessimistic, proposal offers a simple legislative solution to some of the concerning elements of an increased reliance on outside groups, while * Farnsworth Note Competition Winner, 2019. J.D. Candidate 2019, Columbia Law School. The author thanks Professor Richard Briffault for not only his advice and guidance, but also his academic contributions to the subject that inspired this project. Special thanks to the editors and staff of the Columbia Journal of Law and Social Problems for their invaluable feedback and tireless commitment to the process. -
United States of America
Office for Democratic Institutions and Human Rights UNITED STATES OF AMERICA GENERAL ELECTIONS 3 November 2020 ODIHR Limited Election Observation Mission Final Report Warsaw 9 February 2021 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ................................................................................................................... 1 II. INTRODUCTION AND ACKNOWLEDGMENTS .......................................................................... 6 III. BACKGROUND AND POLITICAL CONTEXT .............................................................................. 7 IV. ELECTORAL SYSTEM ....................................................................................................................... 7 V. LEGAL FRAMEWORK ...................................................................................................................... 9 VI. ELECTION ADMINISTRATION ..................................................................................................... 11 VII. CYBER SECURITY ............................................................................................................................ 13 VIII. VOTER RIGHTS ................................................................................................................................ 14 IX. VOTER REGISTRATION ................................................................................................................. 16 X. VOTER IDENTIFICATION ............................................................................................................. -
Small Donor Matching Funds: the Nyc Election Experience | 2 Ii
SM ALL DONOR MATCHING FUNDS: THE NYC ELECTION E XPERIENCE Angela Migally Susan Liss Foreword by Frederick A.O. Schwarz, Jr. Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on the fundamental issues of democracy and justice. Our work ranges from voting rights to campaign finance reform, from racial justice in criminal law to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S DEMOCRACY PROGRAM The Brennan Center’s Democracy Program works to repair the broken systems of American democracy. We en- courage broad citizen participation by promoting voting and campaign reform. We work to secure fair courts and to advance a First Amendment jurisprudence that puts the right of citizens – not special interests – at the center of our democracy. We collaborate with grassroots groups, advocacy organizations, and government officials to eliminate the obstacles to an effective democracy. The Democracy Program’s Money and Politics project works to reduce the real and perceived influence of special interest money on our democratic values. We serve as con- stitutional counsel to the Fair Elections coalition, promoting public financing for congressional and presidential elections. Project staff also defend federal, state, and local campaign finance, public finance, and disclosure laws in courts around the country, and provide legal guidance to state and local campaign finance reformers through counseling, testimony, and public education.