Q. – Is Dark Money A Serious Problem? A. – Yes

“If We Don’t Know  Who’s Doing The Speaking  Is It Really Free Speech,” Steve Bullock, Montana Governor. [1]https://www.npr.org/2018/07/12/626693116/riveting-documentary-sheds-light-on-dark-money-in-montana-politics

Dark money is a legal form of corruption.  It undermines public trust in elections.  We can no longer depend on our courts to provide evenhanded justice and be completely independent. [2]https://www.brennancenter.org/our-work/analysis-opinion/rise-dark-money-threat-judicial-independence Dark money  is untraceable and unlimited, used by corporations, business and special interests, economic elites, individuals, and now foreign countries to influence politicians and manipulate voters’ decisions.  Dark money’s influence extends far beyond the headline issues such as climate change, fossil fuels, health care and big pharma, and the big guys like the Koch brothers and the NRA. [3]DARK MONEY – The Hidden History of the Billionaires Behind the Rise of the Radical Right; By Jane Mayer; Doubleday, 2016

We saw a blatant example of this in Iowa last summer.  An entity calling itself the REAL coalition created an intense, and expensive, media blitz, with website and Facebook pages, using questionable talking points of giant utilities, such as those put forth by MidAmerican Energy.  [4]See April 2019 – Clinton County Legislative WatchClaiming to be a grassroots coalition of consumers, farmers and businesses they promoted legislation (Iowa – HSB185/ SB  583) that would undermine the solar industry and private solar panel use.

Efforts to find members of this so-called coalition came up empty.  A search of Secretary of State records showed their only identifying information to be the DesMoines law firm of Steve Wandro, who claimed to know almost nothing about it.  And, KCRG TV reported on March 19, 2019 that REAL is registered with a political media group in Virginia, listed as an Iowa account. No coalition was found.[5]See April 2019 – Clinton County Legislative Watch

And then there is Sen. Ernst’s opposition to the Violence Against Women Renewal Act, which is sure to keep the NRA satisfied. [6]see Clinton County Legislative Watch – Violence Against Women Act

The unfettered influence of the very wealthy and powerful who pursue their narrow self-serving policies are a real threat to our country’s founding principles.  Paul S. Ryan, V.P. of Policy & Litigation for Common Cause, a nonprofit government watchdog group, points out, “Sen. McConnell’s not fooling anyone with his self-serving rhetoric. America knows he’s only protecting his fat-cat friends.” Unfortunately, Republicans, and to a lesser degree Democrats, have long been “…beholden to big money in politics, blocking meaningful reform and benefitting from weak enforcement by the FEC.” [7]https://www.motherjones.com/politics/2019/03/dark-money-democrats-republicans-mitch-mcconnell/  

We also have reason to be concerned about our judicial system.  According to a recent report by the Brennan Center for Justice, with the Supreme Court’s Citizens United decision, we now see wealthy interests influencing supreme court elections.  There are now thirty-eight states electing their state high courts. These elections have become increasingly expensive and politicized, with $27.8 million being spent on supreme court elections across the country, half of which was dark.  As U.S. Supreme Court Chief Justice John Roberts observed,  “Politicians are expected to be appropriately responsive to the preferences of their supporters,” Today, one-third of all sitting justices on elected courts have run in a million-dollar election.” [8]https://www.brennancenter.org/our-work/analysis-opinion/rise-dark-money-threat-judicial-independence

MONEY TALKS

 Over the past decade, conservative groups have spent significantly more dark money than liberal groups ($763.2 vs. $235.8 million).  However, liberal groups have become more adept in using the current campaign finance system, reducing the dark money spending gap in 2018. [9]https://www.opensecrets.org/outsidespending/nonprof_summ.php?cycle=2018&type=viewpt Hence, liberal groups will also feel the pinch of campaign finance reform.  However, HR1 supporters know that it is the right thing to do and in the long run we all will benefit. Not only will it be a substantial factor in leveling the campaign playing field, we will know who is pulling the strings of the elected officials who are supposed to be representing us.  And with any luck at all it will lead to the end of Citizens United and the endless, mind-numbing political campaigns.

WINDS OF CHANGE ARE ON THE HORIZON

Federal Legislation

On March 14, 2019, the Democratic led House passed HR1: For the People Act of 2019 that will, among other things, prohibit interference with voter registration, regulate political spending, including transparency of foreign and secret money, and restore campaign finance oversight.  [10]https://www.congress.gov/bill/116th-congress/house-bill/1/text   It now goes on to the Senate,  where it will most likely be DOA.  Like many Republicans, Senate Majority Leader Mitch McConnell (R-KY.) is bashing HR1 as a  “’radical, half-baked socialist proposal” and a “political power grab” by Democrats…” [11]https://www.motherjones.com/politics/2019/03/dark-money-democrats-republicans-mitch-mcconnell/   For the rest of us it’s just plain old one person one vote democracy.

Iowa Legislation

HF165   KUDOS to Rep. Andy McKean, District 58-D, for authoring Iowa House File 165.  Now in subcommittee, it sets campaign contribution limits for each election cycle.  Violators will be subject to civil and criminal penalties. [12]https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=HF165 [13]http://www.ncsl.org/research/elections-and-campaigns/campaign-finance-database-2015-onward.aspx

HF 687(succeeds amendment to HF 320, by Jon. Jon Jacobsen-R, District 22) —Permissible Honoraria “…honorarium consists of payment, not to exceed four hundred ninety-nine dollars per day, of actual expenses.” [14]http://www.ncsl.org/research/elections-and-campaigns/campaign-finance-database-2015-onward.aspx [15]https://www.legis.iowa.gov/legislation/BillBook?ba=HF%20687&ga=88

A Big Win in Montana 

In 2015 Montana passed a campaign finance law that challenged Citizen United. With bipartisan support from Montana’s House and Senate, Gov. Steve Bullock signed the Disclose Act into law in May 2015. The law faced many well financed political, media, and court challenges, but prevailed when, in Feb. 2019, the US Supreme Court upheld the constitutionality of Montana’s Disclose Act. [16]https://news.mt.gov/us-supreme-court-upholds-the-constitutionality-of-montanas-disclose-act

OTHER SIGNS OF HOPE:

Challenges to Citizen United and dark money are taking place in other parts of the our county as well.  Visit the Represent US website (https://represent.us/about/) to see what is going on in other states. Founded in 2012, Represent Us is a grass roots organization whose mission is to pass sweeping anti-corruption legislation in cities and states.  As of this writing they report having been instrumental in the passage of 113 (total) anti-corruptions acts and resolutions in 26 states, addressing issues of  secret money and gerrymandering.[17]https://represent.us/our-wins

WE NEED TO MAKE OUR FEELINGS KNOWN

It is time to put an end to dark money if we are to end corruption and reestablish public trust in elections.  We need to know who contributes to our legislators, and how much. Secret money buys influence in elections, as well as plays a big role in the way legislation is written and court decisions are made. We need to ask ourselves, when does a generous contribution become a bribe?

References

References
1 https://www.npr.org/2018/07/12/626693116/riveting-documentary-sheds-light-on-dark-money-in-montana-politics
2, 8 https://www.brennancenter.org/our-work/analysis-opinion/rise-dark-money-threat-judicial-independence
3 DARK MONEY – The Hidden History of the Billionaires Behind the Rise of the Radical Right; By Jane Mayer; Doubleday, 2016
4, 5 See April 2019 – Clinton County Legislative Watch
6 see Clinton County Legislative Watch – Violence Against Women Act
7, 11 https://www.motherjones.com/politics/2019/03/dark-money-democrats-republicans-mitch-mcconnell/
9 https://www.opensecrets.org/outsidespending/nonprof_summ.php?cycle=2018&type=viewpt
10 https://www.congress.gov/bill/116th-congress/house-bill/1/text
12 https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=HF165
13 http://www.ncsl.org/research/elections-and-campaigns/campaign-finance-database-2015-onward.aspx
14 http://www.ncsl.org/research/elections-and-campaigns/campaign-finance-database-2015-onward.aspx
15 https://www.legis.iowa.gov/legislation/BillBook?ba=HF%20687&ga=88
16 https://news.mt.gov/us-supreme-court-upholds-the-constitutionality-of-montanas-disclose-act
17 https://represent.us/our-wins