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We’ve been saying for a while that the broken FEC is to blame for dark money.
A DC circuit decision today in a @CREWcrew case affirms that this is true.
The decision should strengthen transparency--but its impact will be limited for as long as the FEC remains dysfunctional.
A DC circuit decision today in a @CREWcrew case affirms that this is true.
The decision should strengthen transparency--but its impact will be limited for as long as the FEC remains dysfunctional.
So the LAW says that when a group spends money on “independent expenditures” (i.e. ads expressly advocating for the election or defeat of candidates), it must disclose its contributors.
But the FEC has undermined the law's transparency requirements.
But the FEC has undermined the law's transparency requirements.
The FEC adopted a rule that narrowed the law's transparency requirements, and said that dark money groups need only disclose donors who gave to support a PARTICULAR ad.
That’s an easily-evaded standard, and has meant that dark money groups almost never disclose donors.
That’s an easily-evaded standard, and has meant that dark money groups almost never disclose donors.
Years ago, @CREWcrew filed a complaint alleging Crossroads GPS should have disclosed its donors; the FEC, citing its narrow rule, dismissed the complaint.
Long story, but CREW sued, and in 2018 a court agreed that the FEC’s rule fell short of the law's transparency requirements.
Long story, but CREW sued, and in 2018 a court agreed that the FEC’s rule fell short of the law's transparency requirements.
Crossroads appealed, and the appellate court today upheld the lower court’s decision, and agreed that the FEC has failed to ensure the transparency required by law.
As the decision notes, Citizens United is partially to blame: this form of dark money was hardly a problem before SCOTUS opened the floodgates to unlimited corporate spending.
The post-Citizens United spending boom exposed how the FEC’s disclosure rules were lacking.
Yet the FEC refused to update its disclosure rules, and refused to enforce even those narrow rules that were on the books.
Yet the FEC refused to update its disclosure rules, and refused to enforce even those narrow rules that were on the books.
The FEC's failure to act resulted in an explosion in secret spending and our politics increasingly rigged in favor of special interests.
Over $1 billion in dark money has been spent over the past decade!
Over $1 billion in dark money has been spent over the past decade!
What’s next? The FEC should write new rules that guarantee the transparency anticipated by the statute; so far, it has failed to do so.
And as we’ve documented, few dark money groups are disclosing their donors—and the FEC isn’t doing anything about it. https://campaignlegal.org/update/new-reports-show-why-fec-needs-clarify-disclosure-requirements-dark-money-groups-and-why
And as we’ve documented, few dark money groups are disclosing their donors—and the FEC isn’t doing anything about it. https://campaignlegal.org/update/new-reports-show-why-fec-needs-clarify-disclosure-requirements-dark-money-groups-and-why
Transparency is likely to remain a problem for as long as the FEC remains dysfunctional.
The FEC’s structure has always been flawed, but the agency has really been broken over the past decade.
You can thank Mitch McConnell for that. https://www.latimes.com/politics/story/2020-08-05/federal-election-commission-camapign-finance-enforcement
The FEC’s structure has always been flawed, but the agency has really been broken over the past decade.
You can thank Mitch McConnell for that. https://www.latimes.com/politics/story/2020-08-05/federal-election-commission-camapign-finance-enforcement
This is a reminder that fixing the FEC is a crucial component of any meaningful campaign finance reform: enacting new laws means little if the agency charged with enforcing them decides not to. https://campaignlegal.org/sites/default/files/2020-01/CLC%20FEC%20Solutions%20One-Pager.pdf
The good news is that there are solutions! Congress could pass HR1, which not only strengthens transparency laws and includes other important democracy reforms, but also restructures the FEC to make the agency work again.
