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Citizens United Reform, Requiring Corporations To Disclose Political Spending, Sought From SEC

Posted: 03/26/2012 1:54 pm Updated: 03/26/2012 4:22 pm

WASHINGTON -- A coalition of reform groups gathered Monday morning to urge the Securities and Exchange Commission to require publicly traded companies to disclose contributions to independent groups engaged in electoral politics. The event in front of SEC headquarters continued efforts by reform groups and elected officials to fix disclosure loopholes opened and expanded by the Supreme Court's 2010 decision in Citizens United v. Federal Election Commission.

"The SEC can do something about the fact that money is taking over the political process," said Bill de Blasio, the public advocate for New York City. "They can force publicly traded corporations to disclose their political spending. It's not a lot to ask to simply disclose what they're doing. The SEC has the power, but the SEC is not using the power."

Advocates of reform have focused their sights on several federal agencies that have authority over some aspect of the campaign finance system, including the SEC, the FEC, the Federal Communications Commission and the Internal Revenue Service. The SEC, for its part, has the authority to write a regulation expanding the required disclosures made by publicly traded companies.

Reformers targeting the SEC are concerned about a specific type of political spending: contributions to nonprofits and trade groups engaged in direct electoral efforts that do not have to disclose their funders. Such groups, both right- and left-wing, include the U.S. Chamber of Commerce, Crossroads GPS, Americans for Prosperity and Priorities USA.

As de Blasio, who is on the board of New York City's $40 billion pension fund, and others said at Monday's event, a company's political spending is important information for current and potential shareholders deciding where to invest their money.

"When regular people like you and me invest our money through our retirement plans and pension plans, we need to know if those corporations are trying to make our lives better or worse," said Bob Edgar, president of Common Cause.

Edgar noted that during the effort to pass the Affordable Care Act, the health care reform law now before the Supreme Court, insurance companies gave huge undisclosed contributions to the U.S. Chamber of Commerce to oppose the legislation, according to a Bloomberg report.

"They secretly funded a back door campaign to kill the law before it ever made it out of Congress," Edgar said. "They didn't do it in the open. They didn't do it so their shareholders would know. They did it in secret."

The Center for Responsive Politics, a nonprofit tracking campaign contributions and spending, reports that donors' disclosure of independent political spending in federal elections dropped from nearly 93 percent in 2006 to only 53 percent in the 2010 elections. During that same time period, the Supreme Court decided Wisconsin Right to Life v. FEC (2007), removing a ban on so-called issue ads close to elections, and Citizens United v. FEC (2010), opening the door to unlimited election spending by corporations, unions and individuals.

The groups involved in Monday's SEC event -- including Common Cause, the Office of the Public Advocate for the City of New York, Public Citizen, and the Coalition for Accountability in Political Spending (CAPS) -- say their members have sent more than 75,000 letters to the SEC in support of a political spending disclosure rule.

One SEC commissioner, Luis Aguilar, has already endorsed the idea, stating, "Unfortunately, there is no comprehensive system of disclosure related to corporate political expenditures -- and that failure results in investors being deprived of uniform, reliable, and consistent disclosure regarding the political expenditures of the companies they own."

Kate Coyne-McCoy, executive director of CAPS, said that her group -- which is backed by Illinois Gov. Pat Quinn, California state Treasurer Bill Lockyer and de Blasio -- had been calling for a meeting with SEC Chairman Mary Schapiro and received word on Monday that they would be granted a meeting with one of her colleagues after Monday's event.

"Today, we are going to demand that the SEC do its J-O-B," Coyne-McCoy said.

The push to require political spending disclosure has been opposed by business allies, including the editorial board of the Wall Street Journal. On March 19, the Journal ran an editorial titled "The Corporate Disclosure Assault," which described the efforts as "part of a multiyear campaign by unions, left-wing activists and their factotums to expose and then vilify companies that disagree with them."

Richard Trumka, president of the AFL-CIO and a supporter of an SEC rule requiring political spending disclosure, wrote a letter in response to the editorial, arguing that all the groups are asking for is the same disclose required of unions. "Unions have long been required to make public disclosures of their political and other spending. Corporations that spend to influence politics have no legitimate gripe against shareholder disclosure resolutions that would require them to publicly disclose that spending -- and they have ample opportunity and resources to explain why that spending advances shareholder value and the public interest," wrote Trumka.

CORRECTION: An earlier version of this article misspelled the name of New York City's public advocate, Bill de Blasio, and misstated the first name of California Treasurer Bill Lockyer.

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WASHINGTON -- A coalition of reform groups gathered Monday morning to urge the Securities and Exchange Commission to require publicly traded companies to disclose contributions to independent groups e...
WASHINGTON -- A coalition of reform groups gathered Monday morning to urge the Securities and Exchange Commission to require publicly traded companies to disclose contributions to independent groups e...
 
 
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KarmaPatrol
Riverboat Gambler, satellite whisperer. Independe
10:50 AM on 03/27/2012
Deng right, Skippy. Shareholders should know if investment returns are going to push some social agenda; look, it's one thing to lobby for favorite treatment for your industry, ... got it. It's quite another to give dividends and cap gains to a someone who would be the village idiot, except for a nice hairdo and the ability to lie with a straight face.
08:48 PM on 03/26/2012
Yes they should have to disclose and politicians should have to wear clothing that states whom they are sponsored by cause it is obvious to most Americans they do not represent the people of this nation
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ajp49
I am now doing thing and or making decision based
07:40 PM on 03/26/2012
Disclosure: Openness and transparency can only increase integrity on how corporate (persons) businesses conducted their business related political contributions!
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vikramnet
between despair and hope lays but one small step
05:39 PM on 03/26/2012
Corporations have hijacked democracy in America. They already pay (bribe) members of Congress for preferential treatment. They fund right-wing organizations that draft anti-democratic legislation. They fund candidates directly. They fund candidates indirectly. They lobby. They fund. They corrupt.

They want a free rein to dismantle labor laws, environmental protection, regulation and oversight. They call it the 'free market', but it's anything but. It's protectionism.

Remember what caused the worst recession the world has ever experienced? Under-regulation. Lack of oversight. Rampant free market criminal activity.

And corporations and their largely GOP lackeys want more. No one can argue that it's not good business - especially for those at the top - but it's not democracy. And it needs to be stopped now before it becomes too late.
06:49 PM on 03/26/2012
Only one question, when you say "...Remember what caused the worst recession the world has ever experienced? Under-regulation. Lack of oversight. Rampant free market criminal activity." Which time? I remember four of those and I am almost sixty. Goldman Sachs has been at the center of every economic depression since and including the Great Depression. When do we set term limits for congress and make lobbying a volunteer job that it is illegal to get paid for doing? That would be the only way to correct this.
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vikramnet
between despair and hope lays but one small step
08:41 PM on 03/26/2012
We've had global recessions before, but none as severe as the one we're living through now. The condition of national budget deficits around the world has meant that governments haven't been able to use 'mixed market' techniques to quickly redress the problem. Also, with so many conservative governments in power ideology has been a factor in putting a break on recoveries.

In the US, it's slightly different with Congress (at different times and for different reasons) being the major stumbling block to a faster recovery.

BTW, nice idea: making lobbying a volunteer occupation; I hadn't thought of that. Wouldn't it play into the hands of the financially-independent? I still think throwing all lobbyists out is the best way forward. Make governments completely transparent and block all influence (through campaign funding) to legislators is my preferred system. Though we're a long way off any kind of reform. A very long way off.
10:30 PM on 03/26/2012
People need to remember who wrecked the bus. The GOP wants you to forget the landmines laid by the Bush administration. I know that they whine about when we will stop picking on poor o'l Dubya. The same people are quick to blame President Obama for everything from the original sin to the murder of Cock Robin. Well deregulation happened under the Republican watch. The lowering of taxes on the rich and the corporations on their watch. Wall Street meltdown proved that capitalism cannot exist with out government bailing them out from time to time. So much for the myth of the "free market".
yellowbusdriver
In trying times, don't quit trying.
05:34 PM on 03/26/2012
What the Koch brothers did with Citizen's United was give unfettered access by non-politicians into the political process, both anonymously and without limit.

What they got for their millions was not just their agenda advanced, but every corporation's agenda advanced. Now you have millionaires and billionaires who are just as powerful (more so in fact) than the political leadership of any party ... they've created a climate of confusion, because these SuperPACs don't coordinate with party leadership, but now must be courted by them. With enough money, you can inject yourself in to the highest echelon of politics which was reserved for elected officials.

The GOP had no idea of the monster the Koch brothers created. Negative attack adds during primaries once had some restraint, because in the end, the winner would still have to get all the votes from the people they were bashing. Not so now ... so much mud's been slung, i doubt Romney will have anything to do with Santorum or Gingrich should he gain the office of the President.
04:52 PM on 03/26/2012
About time. I still remember the fiasco when people discovered that the CEO of Target was using company money to donate to anti-abortion groups - regardless of people's opinions, everyone should have a right to know where the money they invest in is going. No one wants to discover that they invest in a company that spends money against their beliefs.
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HUFFPOST SUPER USER
sylvia wadlington
Kindle Writer
05:23 PM on 03/26/2012
F&F
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Imzadi
Proud Progressive for decades
05:37 PM on 03/26/2012
I could not agree with you more. The irony is they lost credibility and goodwill and the candidate they backed did not win. (Whew!)

And just a side note - I have not shopped there since.
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Jenny Olson
04:39 PM on 03/26/2012
Citizens United really should have been called Corporation United Against Citizens.
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Imzadi
Proud Progressive for decades
05:38 PM on 03/26/2012
I heartily concur!
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GringoRican
Overdosed on Propoganda
04:38 PM on 03/26/2012
This kinda sounds smart. Status quo will shut this idea down.
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ConnieInCleveland
One Lonely Voice trying to make a difference
04:15 PM on 03/26/2012
It's about time! These political donations are taking away from corporations bottom line and they are passing that along to 'we the consumer'. I don't want to pay for politics, every time I make a purchase.

Too much money going into politics. Buying politicians ends up costing us all! I truly believe the costs are too high. We can't afford to foot the bill for their political manipulation, when we purchase their products and when they get in the corporate schills they are buying.
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04:09 PM on 03/26/2012
sounds like the Supreme Court has another case to weigh in on :)
04:25 PM on 03/26/2012
They have another law to say is UN-Constitutional.
02:18 PM on 03/27/2012
The supreme court are mere puppets they have already sold their soles to the corporations. It is now just the amount they have to quible about. Money is no object to these people they just charge you the customer more to offset the expenses they are out!!!! A good example is one judge that sleeps with the opposing side?????WTF.................
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Gestas
Mountain Man
04:06 PM on 03/26/2012
Out of the four Republicans in the picture, the only one of the bunch that you would like to have a beer with is Ron Paul...But,,then we've made that mistake once before.
MrStat1
I believe in the rule of law
03:59 PM on 03/26/2012
If this happens at all it will be years before anything is done. The corps will appeal. Figure 5 years before anything is done, assuming the rule even survives in the federal appeals courts.
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cornel
wuf wuf
03:55 PM on 03/26/2012
I hope the SEC would do something about this, but all rest on the shoulder of Mary L. Schapiro. You want her to do something about publicly traded companies to disclose their contributions. Email her here -> chairmanoffice@sec.gov
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04:18 PM on 03/26/2012
I applaud this group for taking action, and I applaud you for posting the email address. We all need to act, we all need to speak up.
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Imzadi
Proud Progressive for decades
05:39 PM on 03/26/2012
F&F!
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jsgaetano
Legum servi sumus ut liberi esse possimus
03:51 PM on 03/26/2012
Except conservatives are STILL obstructing ANY reform of electoral rules and laws. It's all part of the Conservative Culture of Corruption.
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jerdan25
03:46 PM on 03/26/2012
Every American should demand an end this political bribery routine.
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04:18 PM on 03/26/2012
ya - but no one is listening, just (further) lowering their own credibility :(

I left La Jolla & the money ALL behind 30 years ago. Sad for the rich, they will find out soon or later that money "Can't Buy Everything" :)