Transparency -
Campaign Spending Now Open for Business - Sun and Planets Spirituality AYINRIN
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Author:His Magnificence the Crown, Kabiesi Ebo Afin! Oloja Elejio Oba Olofin Pele Joshua Obasa De Medici Osangangan Broadaylight.
As American companies and unions mobilize to organize Political Action Committees (PACs)
with an eye to the upcoming mid-term elections, it is worth taking a
step back to ask: Does it pay to donate to political candidates? Such a
question might seem touchingly naïve, but in reality, the empirical
evidence on this issue is much more mixed than one might think.
That more PACs will be organized is a certainty: the Supreme Court assured as much with its January 2010 ruling on the case of Citizens United vs. the Federal Election Commission. For anyone who failed to follow the story last winter, Citizens United, a non-profit corporation, wanted to broadcast a negative documentary about
Hillary Clinton during the 2008 election. The issue at hand was whether
it could air the movie 30 days before the Democratic primaries and
whether it could use images of Hillary in its advertisements for the
documentary 60 days before the election. The court found 5-4 that the
Federal Election Commission (FEC) regulations created by McCain-Feingold
that prevented it from doing these things were a violation of its First Amendment right to free speech.
As
a result of the new ruling, while corporations and unions still cannot
give directly to candidates, they can now spend unlimited sums of money
in the form of PAC organizations supporting particular candidates — and
they can mention the candidates by name.
Prior
to this ruling, those wishing to contribute unlimited sums of money to
individuals or corporations had to form “527” organizations. Such
organizations were outside the umbrella of FEC regulation, but in order
to remain outside they couldn’t advocate directly for a particular
candidate. (The definition of “advocacy” is opaque, but it has been
interpreted to mean one can’t use phrases in ads like “vote for
candidate X”.) PACs on the other hand could advocate for candidates, but
prior to the Citizens United ruling, they had a cap on how much one
could contribute. Corporations could only pay for the administrative
costs of PACs associated with them. In removing that limitation, the
Supreme Court majority argued that a company should have the same free
speech rights as any other “natural person” under the First Amendment.
How
will this change political spending? A likely possibility is that
corporations and unions will shift money from 527 organizations to PACs,
because now PACs have the benefit of both unlimited contributions and
direct advocacy. But 527s still have one thing going for them: they can
keep their contributors’ names secret. As for PACs, Federal disclosure
rules (which were not altered by the Citizens United ruling) prevent
anonymous donations, but at the same time, do not force such a great
degree of exposure that people just watching an ad are informed of who
is funding the PAC.
Some lawmakers would prefer more transparency in that regard. In July 2010, there was a Democratic-led effort to
pass something called the DISCLOSE Act, which among other measures,
would have required all donors of $600 or more to be listed with the
FEC; would have forced those donors to add hyperlinks to their websites
by which visitors could access the FEC’s list of donor names; and would
have obliged the CEO of any organization running an ad to appear
personally in the ad and twice state his or her name and the
organization’s name. Republicans uniformly opposed the DISCLOSE Act, and
it was thwarted by essentially one vote.
Transparency, however, may still be achieved by other means. Retailing giant Target found that out recently
when it donated $150,000 to a PAC called MN Forward, which took out ads
to support Minnesota Gubernatorial candidate Tom Emmer. Activists
working for The Human Rights Campaign, outraged at Emmer’s opposition to
same-sex marriage, looked up the donors’ names and broadcast them to
the world, urging consumers to boycott.
(MN Forward and its donors maintain that it is Emmer’s economic
platform, not his stand on social issues, that earned their support.)
The
Target kerfuffle has served to put corporate America on notice: any
company that creates a PAC to help a specific candidate is choosing to
enter a minefield. The question, therefore, is this: are the benefits to
be gained from such support sufficient to risk the backfire? Based on
the research record, perhaps not.
As nicely summarized in an article by Jeffrey M. Drope and Wendy L. Hansen ( “Futility and Free Riding: Corporate Political Participation and Taxation Rates in the United States” Business and Politics,
2008, Vol. 10, Issue 3), most studies have actually found a very weak
relationship, or none at all, between political contributions and floor
votes in Congress. In their own study, Drope and Hansen provide a highly
sophisticated econometric analysis of the link between lobbying
expenditures and company-specific tax rates, and essentially find no
relationship.
Does this suggest that companies should forget about pursuing “non-market strategies” and simply stick to market strategies? Hardly. As David Baron makes clear in Business and Its Environment,
there are many ways for a firms to influence their political
environments. They can engage in sophisticated lobbying efforts, foster
grassroots movements, and give testimony to commissions. They can deploy
communications resources, engage in public advocacy, pursue judicial
strategies, and work with advisory committees.
Given
the availability of all these tactics, any firm would be rash to put
too much focus on simple electoral support. The recent Supreme Court
ruling may have opened the floodgates for corporate campaign
contributions, but it’s unlikely the flood will come.
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