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Bob Edgar

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Still Another Hole in our Campaign Finance Laws

Posted: 10/13/11 05:27 PM ET

Citizens United, the hurt that keeps on hurting, has struck again.

Emboldened by the now-infamous Supreme Court decision and a dysfunctional Federal Election Commission, Democratic leaders in Washington, D.C. and Nebraska have joined forces with Sen. Ben Nelson to produce and air a series of television and radio commercials that exploit the weakness of our campaign finance laws.

And they're almost certain to get away with it.

Nelson, a former Nebraska governor seeking his third Senate term next year, stars in and narrates the ads. In a 30-second TV spot that is part of the campaign, he touts his support for "common sense solutions," to "balance the budget... bring our troops home with pride and dignity and invest in American jobs."

Nelson is careful not to ask voters directly to support his reelection, but the ads look and sound as if they were financed by his re-election campaign. However the New York Times and other news outlets report that they actually were paid for by Nebraska's Democratic Party, and that most of the $600,000-plus invested in them so far came from the Democratic Senatorial Campaign Committee (DSCC) in Washington.

That's where the commercials break new ground. Under longstanding campaign finance rules, the DSCC can spend only $240,000 in coordination with Nelson and his re-election campaign. Nelson and company are getting around that restriction by funneling the money through the state Democratic Party, which as an outside group is unfettered by the rules.

Thanks to Citizens United, groups operating independently of House and Senate candidates can take gifts directly from corporate and union treasuries and spend whatever they like on "issue" ads like the Nelson commercials. If other candidates follow Nelson's lead, and it's a cinch they will, we'll soon be seeing a flood of such commercials, including some financed by anonymous donors.

"That's really the problem here -- the whole notion of corporations spending unlimited funds," Washington lawyer Donald Simon, a longtime student of campaign finance laws, told the Times. "The door has been opened and the only question is how many corporate spenders are going to walk in."

American Crossroads, the fundraising powerhouse founded by veteran Republican operatives Karl Rove and Ed Gillespie, already has asked the FEC for advice on whether it can legally prepare and air similar ads, presumably on behalf of GOP candidates.

There's unlikely to be an answer, at least not a direct one. Split evenly between Republicans and Democrats, the commission has been unable to agree on how to reshape campaign finance regulations in the wake of Citizens United. Its paralysis leaves candidates, parties and supposedly-independent groups like Rove's pretty well free to raise and spend political money as they please.

So big money wins again. We're headed into a campaign that will be largely financed by deep-pocketed companies and trade groups whose identities and agendas will be largely hidden from the voting public. But when the winners of those campaigns take office, you can be sure they'll know who paid for every ad and exactly what their benefactors expect in return.

 

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HUFFPOST PUNDIT
maxfax
Taa - dah!
12:36 PM on 10/16/2011
How did Nelson vote on the President's "jobs bill"? Democrat, really?
10:30 PM on 10/14/2011
If Americans have any sense left at all, they will do their own research on the records of the candidate and ignore the expensive ad spin that this bribe money buys.

Ignoring the ads will turn the loopholes the Supreme Court created into mere sinkholes that waste large amounts of money given by those with no loyalty to our country.
HUFFPOST SUPER USER
donasanya
01:03 PM on 10/14/2011
According to an NBC/WSJ poll released earlier this week, when asked if Congress should pass the American Jobs Act, 30% of respondent­s answer yes, 22% say no, and get ready for this, 44% have NO OPINION. Seriously?­?? No wonder the politician­s continue to serve the interest of their corporate sponsors. What your opinion is is a different matter, but to have none with 9.1% unemployment? Reforming our campaign finance laws will make some difference, but until we fix voter apathy, don't expect the status quo to change much.
nothingchanges
too soon old, too late smart
11:27 AM on 10/14/2011
No one in Congress REALLY wants to get the "dirty money" out of our elections system.

They just want to get it out of their opponents.

Welcome to the United States of Hypocrisy.

Maybe money can't buy happiness, but it sure seems like it makes a lot of corrupt politicians happy, well at least happier...........................................then us.
09:54 AM on 10/14/2011
The corruption that money brings to politics is legally endorsed by the Supreme Court. The question is: How do we overturn Citizens United?

Lucky for us, this issue is not critical. It's only the future of America at stake.
10:32 PM on 10/14/2011
We overturn Citizens United by lobbying our STATE legislatures for a Constitutional Convention. Then we make it illegal by a Constitutional Amendmennt to use any money other than public funding (equal for each candidate) for campaigns.
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HUFFPOST PUNDIT
den1953
The National Inquire of Politics the GOP!
09:39 AM on 10/14/2011
Question is how many law makers are going to wear jackets with the "Made in America" emblem on the back?
HUFFPOST SUPER USER
booktone
05:05 PM on 10/13/2011
Yep, we'll get the best government money can buy.

The USA was nice while it lasted.
07:20 PM on 10/13/2011
Faved!
10:32 PM on 10/14/2011
No. We will get the government the citizens in our government of the people are willing to sit back and accept.