In the News
Wall Street Journal: Wisconsin Political Speech Raid
One subpoena also demands “all records of income received, including fundraising information and the identity of persons contributing to the corporation.” In other words, tell us who your donors are.
The story continues: The probe began in the office of Milwaukee County Assistant District Attorney Bruce Landgraf, though no one will publicly claim credit for appointing Mr. Schmitz, the special prosecutor. The investigation is taking place under Wisconsin’s John Doe law, which bars a subpoena’s targets from disclosing its contents to anyone but his attorneys. John Doe probes work much like a grand jury, allowing prosecutors to issue subpoenas and conduct searches, while the gag orders leave the targets facing the resources of the state with no way to publicly defend themselves.
That makes it hard to confirm any details. But one target who did confirm receiving a subpoena is Eric O’Keefe, who realizes the personal risk but wants the public to know what is going on. Mr. O’Keefe is director of the Wisconsin Club for Growth, which advocates lower taxes, limited government and other conservative priorities. He has worked in political and policy circles for three decades, including stints as national director of the Libertarian Party in 1980 and a director of the Cato Institute, and he helped to found the Center for Competitive Politics, which focuses on protecting political speech.
Mr. O’Keefe says he received his subpoena in early October. He adds that at least three of the targets had their homes raided at dawn, with law-enforcement officers turning over belongings to seize computers and files.
CCP
Poisoning the Well 101
By Luke Wachob
The pollsters are so confident in their results that they claim “there is no downside for either party to grab onto this issue and make it central to their campaigns.” Cue the alarm bells; this is a major tip off that the poll is trying to sell us something rather than tell us something. Every action has both costs and benefits, and people who try to deny that costs exist are probably selling snake oil.
Additionally, on November 5 Seattle voters rejected a ballot measure to implement taxpayer-funded campaigns, with 54% voting no. This result contrasts starkly with the claims of wide and deep public support for this style of reform, so let’s take a closer look at PCAF’s poll.
Independent Groups
Washington Post: Liberal surprise: Unions outspend Koch brothers on state elections
By Kellan Howell
Despite predictions that right-wing money would flood the political system after the Supreme Court threw out key campaign finance laws, a survey finds that left-leaning groups, led by labor unions, outspent conservative donors like the billionaire Koch brothers in state political advertising wars last year.
Outside groups — nonprofits, super PACs, business and labor groups, and private individuals — spent at least $209 million to influence state-level elections in the 38 states in the 2012 election cycle. Money funneled through party groups such as the Democratic Governors Association and Republican Governors Association accounted for nearly 40 percent of the $209 million.
SCOTUS/Judiciary
MSNBC: Did Clarence Thomas flout ethics rules?
By Ned Resnikoff
On Wednesday, New York Rep. Louise Slaughter wrote to Chief Justice John Roberts asking that he formally reprimand his colleague Justice Clarence Thomas for participating in the conservative Federalist Society’s annual fundraiser. Thomas’ appearance at the event, writes Slaughter, is a “clear violation of the ethical standards embodied in the Code of Conduct for U.S. Judges.”
Her letter was co-signed by representatives from two progressive advocacy groups: Nan Aron, president of the Alliance for Justice, and Arn H. Pearson, vice president for policy and litigation for Common Cause.
Lobbying and Ethics
Roll Call: Earmark Ban Hits Lobbyists’ Influence on Spending Bills
By Kate Ackley
The modern lobbying business was built largely on helping clients secure member- directed pots of money in annual appropriations bills. And many of the firms that pioneered the practice have taken a serious hit since lawmakers banned earmarks in 2010.
But don’t expect K Street to mount a high-profile, big-dollar campaign to bring them back. Instead, in private meetings with members of Congress and their aides, lobbyists say they offer a pitch for how earmarks could help lawmakers, who are often frustrated that they can’t direct money to their districts, wrest more control of federal dollars.
FEC
More Soft Money Hard Law: Campaign Finance Enforcement Strategies
By Bob Bauer
How to establish priorities for the enforcement of the federal (or any) campaign finance laws is a difficult question. Congress has not specified them by statute and as the years go by, the Federal Election Commission has shown less rather than more agreement on what those priorities might be. As a result, sensible prioritization has sometimes gotten lost in partisan and policy conflicts. Adding to the problem is uncertainty about the enforceability of a law that is under pressure from changes in political practice and expanded constitutional limitations on regulatory action. Now the Commission is changing with the arrival of two new Commissioners, and a fresh opportunity is presented for discussion about the elements of a sensible, effective enforcement program. Ann Ravel, one of two new Commissioners, comes to the job with certain priorities in mind: disclosure and, more generally, “enforcement of significant matters.”
CPI: Former congressman — a practicing lawyer — may be breaking campaign reporting laws
By David Levinthal
Just because you want to terminate your all-but-defunct congressional committee doesn’t mean you can ignore federal regulators — particularly when you’re still sitting on a truckload of debt.
So the Federal Election Commission is telling former Rep. John E. Sweeney, R-N.Y., whose congressional career ended in 2007 after now-Sen. Kirsten Gillibrand, D-N.Y., stymied his re-election bid.
State and Local
Alaska –– Anchorage Daily News: Assemblyman says state campaign finance rules could hinder reelection bid
By NATHANIEL HERZ
Tim Steele was elected to the Assembly last spring to finish the final year of a three-year term held by Harriet Drummond, who won a seat in the state legislature. He’s up for reelection in April, and wants campaign contributions from some of the same sources he tapped in his initial bid for office.
An attorney from the Alaska Public Offices Commission initially said that Steele could accept the money for his upcoming campaign from people and groups who had already donated the annual maximum to his earlier bid.
Louisiana –– The Times Picayune: Louisiana Ethics Board’s focus on small offenses lets larger violations go unnoticed, observers say
Over the 16 years Administrator Kathleen Allen has worked for the state Ethics Board, she cannot recall a single investigation or proposed sanctions for violations of aggregate limits on contributions from political action committees.
New York –– Newsday: Critics say DAs should not lead campaign finance panel
By Yancey Roy
ALBANY — Critics are questioning whether Nassau County District Attorney Kathleen Rice and other county prosecutors should be leading Gov. Andrew M. Cuomo’s corruption commission because they raise and spend campaign money — just like state lawmakers.
A government watchdog labeled the panel as structurally “hypocritical,” while a top Republican said the appointment of elected officials poses a “huge conflict” for Cuomo’s commission.
Virginia –– Washington Post: McDonnell, subject of gifts probe, announces plans to recommend ethics reforms
By Rosalind Helderman
Virginia Gov. Robert F. McDonnell said Thursday that he will recommend reforms to the state’s ethics and gift laws in the coming weeks.
McDonnell (R) has said before that he has ideas on how to change Virginia law in response to his family’s entanglements with a wealthy political benefactor, but his comments Thursday, in a major national television interview, returned the topic to the spotlight in the waning weeks of his term.
