The Brennan Center regularly devotes space to a review of the literature on the money-in-politics debate, and this week, Benjamin Brickner discusses an insightful paper on “coordination” by Professor Michael Gilbert of the University of Virginia and Brian Barnes, a J.D. candidate there.  The authors present the case that anti-coordination rules don’t operate to prevent corruption achieved through independent spending--and that they can’t, even if strengthened.  There are too many ways around coordination restrictions: a spender can comply with the law, spending “independently” for a candidate, but still offer the politician value that can be “cashed in” later.  If coordination rules do not deter corruption but do limit speech, then their constitutionality is thrown into question.

It is not difficult for an independent group to figure out what the politician may need and appreciate. Public sources of useful information are plentiful and these can be supplemented by private polling and other expert advice; and if there is a risk of missing the mark and timing or targeting an ad imperfectly, there remains value to be conveyed.  As Gilbert and Barnes point out, this is a question only of the efficiency of the expenditure, and some ground can be made up by just spending more money.  A politician can still be grateful for $75,000 of discounted benefit from an ad that cost $100,000.  As Gilbert and Barnes frame the point, “[U]nless the law prohibits candidates from publicizing their platforms and strategies, and outsiders from paying attention, then outsiders will always have enough information to make expenditures that convey at least some value.”

The Super PAC is the leading issue in campaign finance, and this is only superficially because it is new, exotic and, to many who write about it, alarming.  It has without question brought to head the fault line running through the contribution-expenditure distinction and expedited the obsolescence of the Buckley framework.  And it is forcing the question of whether we should be concerned in campaign finance about corruption or its appearance, or perhaps about something else.  And the answer is “something else.”

Common Cause has produced a report to show the involvement of the “religious right” in a systematic legal attack on campaign finance restrictions. At the center of the tale is lawyer Jim Bopp and around him are clients with passionate commitments who wish pursue them without financing limitations or disclosure.  Common Cause describes this as a “crusade.”

As a descriptive piece, there is nothing wrong with this report. The activities of Bopp and his clients are presented with reasonable accuracy, as far as one can tell.  But on another level, the report could be read to be making a political point—to imply that the religious right, waging this “crusade” against campaign finance, is exhibiting an unsavory zealotry on regulatory issues like the one some might attribute to its religious commitments. The word “crusade” is not here a throw -away.  It appears in the title of the Report, then again in the Executive Summary, and finally once more in the Conclusion.  It is an imputation to this cause of extremism.

The study by Emory’s Alan Abramovitz, recently discussed by Jonathan Bernstein, heavily discounts the effect of heavy outside spending on the 2014 Congressional elections. His conclusion: that the impact was zero or barely higher, and that the more significant factors were state-level presidential partisanship and incumbency.  But neither Abramovitz nor Bernstein mean to wave away the public policy or regulatory implications of campaign spending.  Candidates still need the money and ask for it, and questions are raised by their dependence on those who supply it.

Still, this study and others are useful reminders of a confusion in the campaign finance debate—the difference between conceptions of a healthy electoral process and worries about the corruption of government. It is not necessary to the importance of donors or spenders that they be clearly able to “buy elections."  It should be enough that their spending might sway the choice of the campaign issues raised and debated and determine the competitiveness of candidates associated with particular policy positions. This is not a question of the effect of their money on government, but on the electoral process itself. 

More balance in the public and press discussion of campaign finance issues would be desirable. This last week the FEC held a hearing, and whatever press coverage came out of it was largely devoted to belittling it.  And then there was more of the same: