Selling the American Anti-Corruption Act

December 5, 2013
posted by Bob Bauer

Consider this program to—

RESHAPE AMERICAN POLITICS

Represent.Us is not just building a movement in support of the [American Anti-Corruption] Act, we’re going to use our collective power to stand against those who stand for corruption. If it becomes law, the Act will completely reshape American politics and policy-making and give people a voice.

This is a bold claim that the sponsors of the American Anti-Corruption Act have made. Perhaps “bold” is the wrong word; “audacious” might be more accurate. The sponsors declare that the adoption of their proposal will “completely” reshape American politics and that it will be “completely transformative” in giving the people a voice in their government.

The IRS Proposed Rules on (c)(4) Political Activity

December 2, 2013
posted by Bob Bauer
Immediately upon the Treasury and IRS's publication of proposed rules on 501(c)(4) activity, the political jockeying began. Reformers said high time; critics replied that the suppression of free speech was at hand. The IRS Notice is not all that dramatic because what the Service may eventually do is up in the air: the IRS invites comments on all aspects of the definition of (c)(4) political activity. There is no way of knowing how this will all end up many months from now. But the IRS appears to be doing what both sides had demanded that it do for different reasons—improve on current rules—and its notice of proposed rulemaking simply calls for comment on a baseline proposal, which is fairly normal for this type of agency rulemaking setting. This is a reasonable place to begin.
Category: Outside Groups

“Accentuating the Positive” in Campaign Finance Reform

November 26, 2013
posted by Bob Bauer
The Supreme Court has boxed the debate over campaign finance into a corner, forcing the focus entirely on "corruption." Because corruption is the whole game, it is played with vigor, and we have seen in recent years how the term has been pulled this way or that, depending on the commenter’s policy preference.

More on “Independence”—Expert Reader Responses

November 22, 2013
posted by Bob Bauer
As noted here Wednesday, the Minnesota Campaign Finance and Public Disclosure Board is stymied by the question of whether an independent committee can have contact with a candidate and remain “independent” and able to make unlimited expenditures on the candidate’s behalf. The anonymous candidate seeking an opinion from the Board would like to raise money for a committee that intends to help him or her, later, on an “independent” basis. Under federal law, and subject to conditions, this is possible if the candidate has no say in how the money is spent. Reform critics think this result is indefensible. Their view of independence is that it requires complete separation of the candidate from the committee.
Category: Coordination

Minnesota and the Frustrations of Judging “Independence”

November 20, 2013
posted by Bob Bauer
Minnesota campaign finance officials are "vexed" by a request for an advisory opinion from an unnamed candidate. She (or he) would like to raise money for an independent expenditure committee that intends to support her—with independent expenditures. Minn. campaign board vexed by candidate's question regarding fundraising by outside groups, Star Tribune, Nov. 5, 2013, http://www.startribune.com/politics/national/230680961.html. Does this fundraising support make the committee any less independent and unable to spend unlimited sums on her behalf?