Citizens United v. FEC

A Critical Victory in Montana

The defender of Montana's campaign finance laws will now become that state's governor.
PFAW

New Analysis Shines a Light on 2012 Election Spending

U.S. PIRG and Demos issue an analysis of how much campaign money is being spent by a few individuals and corporations.
PFAW Foundation

What Kind of Justice Will We Vote for On Election Day?

President Obama's Supreme Court Justices respect the words and the values of the Constitution and deeply understand the law's impact on everyday Americans.
PFAW

Montana Campaign Finance Caps Can Stay For Now

The Court declines to wreck Montana's campaign finance system just two weeks before Election Day.
PFAW

Chamber of Commerce - Big Spenders in the 2012 Elections

*NOTE: If you happen to be in the D.C. area, consider joining us Friday, Oct. 19 from 11:15a.m.-12:00p.m. for a rally in front of the U.S. Chamber that will call on the organization to disclose the sources of its funding and to stop opposing disclosure reform. The rally will include grassroots organizations as well as small business leaders and will be held at Lafayette Square, NW Corner, across from the intersection of H and 17th Sts. NW, Washington, D.C.*
 
The 2012 election cycle is poised to be the most expensive on record: if reasonable estimates of its cost are accurate, spending as a percent of real GDP will be 5.4% higher than in 2008.
 
The reason for this is not difficult to ascertain: because of the infamous Citizens United decision in 2010, election spending by outside groups has quadrupled since 2006. The U.S. Chamber of Commerce—the largest lobbyist organization in the United States and the flag bearer for corporate interests—had a lot at stake over the decision and submitted an amicus curiae brief during the proceedings.
 
A common misperception is that the primary effect of Citizens United has been to allow wealthy individuals to commandeer elections via unlimited independent expenditures. While this is true to some extent, corporationsrepresented by trade and lobbying organizations like the Chamber—also have a pivotal role to play in such efforts. In fact, the Chamber spent more than any Super PAC during the 2010 election cycle, indicating that corporations have benefited just as much as individuals.
 
The Chamber has been the premier vehicle for funneling cash to key pro-corporate initiatives for decades. It is a national organization with 300,000 businesses as members and a further 3,000,000 businesses and individuals as associates via state and local Chambers. Though the national and state/local Chambers are affiliates, often coordinate their efforts, and ostensibly have the same goals, increasingly there is divergence between them. For example, the 2010 congressional midterms saw 40 state/local Chambers dissociate themselves from the national Chamber over the content of advertising during the election cycle.
 
Receiving donations from a variety of businesses and individuals (the organization doesn’t have to disclose donors due to its 501(c)6 non-profit status), the Chamber claims to segregate funds for several distinct purposes: thus far, it has donated $1.59 million to campaigns, parties, and associated PACs, spent a whopping $55 million on lobbying, and spent a further $22 million on ‘outside spending’ in 2012.
 
Though ‘outside spending’ constitutes an undue extension of corporate influence over elections, the Chamber still dedicates the bulk of its funds to lobbying. In each instance, its pernicious influence affects the debate by skewing discussion toward corporate-sponsored proposals. For example, the Chamber has worked hard to water down regulations on derivativesespecially the Volcker Rule, which bans proprietary trading (derivatives were at the heart of the Great Recession of 2007-09) and in 2010 the chamber sued the Environmental Protection Agency in order to challenge carbon emission regulations.
 
As an integral member of the American Legislative Exchange Council (ALEC) —a consistent supporter of regressive Republican candidates and an organization with hundreds of millions of dollars at its disposal—the Chamber’s activity evinces the fact that corporations are very active this election cycle and that the claims that the Citizens ruling has enhanced free speech are absurd.
PFAW Foundation

CitU Spending Overwhelmingly Benefits Romney

Since Labor Day, 70% of outside spending on the presidential race made possible by Citizens United has benefited Mitt Romney, according to a new analysis.
PFAW

PFAW joins the “Stop the Greed Bus Tour” in Colorado

 

 

The "Stop the Greed" bus tour rolled into Denver, Colorado today and helped boost support for an important state ballot question on corporate political donations. PFAW’s Colorado Coordinator Ellen Dumm joined Elena Nunez of Colorado Common Cause (pictured above) and Luis Toro of Ethics Watch in support of the bus tour and a ballot initiative to overturn Citizens United.

On Election Day, Colorado voters will have a chance to say “no” to the Supreme Court’s Citizens United decision, which allows unlimited corporate campaign donations, by voting for Amendment 65. The ballot measure calls for the Colorado congressional delegation to support a constitutional amendment to overturn Citizens United.

The Stop the Greed Bus Tour is traveling to states to get the word out about how the billionaire oilmen Koch brothers are pouring millions of dollars into the 2012 elections in an effort to bolster their extreme right-wing agenda.

The Koch brothers have also bankrolled the controversial conservative group True the Vote, which has been accused of challenging eligible voters at the polls and disrupting elections.

 

PFAW

Lobbyists now using super PACs to ‘twist the arms’ of lawmakers

The Citizens United decision brought about the rise of super PACs, and empowered 501(c)(4) public advocacy groups and 501(c)(6) trade associations to participate in (at times secretly-funded) electoral advocacy. The resulting influx of money into the election cycle has considerably altered the political landscape – and D.C. lobbyists have taken note.

As reported by Dave Levinthal at POLITICO, interest groups are utilizing super PACs to ‘twist arms.’

So for some issue interest groups, super PACs are a potentially major complement to — if not upgrade over — traditional, Capitol Hill lobbying in their ability to bring heat on lawmakers and twist their arms toward their agendas.

“If you’re a lobbyist, you’re talking with a legislator and mention you’re forming a super PAC, their ears are really going to perk up just because you said the words ‘super PAC,’” said Shana Glickfield, a partner at public affairs firm Beekeeper Group. “It’s such a big, scary thing — and can give you an extra edge of influence.”

One of the first powerful lobbying firms to create a super PAC for additional influence was the National Association of Realtors, which has since rewarded lawmakers friendly to their agenda with hundreds of thousands of dollars in advertisements and air cover. A host of other lobbying groups have done so as well.

As People For noted in our written testimony for the Senate Constitution Subcommittee hearing this past July on the need for constitutional remedies to overturn Citizens United, the power of super PACs is twofold. Not only can special interest groups now spend freely on elections to promote their policy agenda, they can threaten to spend freely, effectively achieving the same result.

Of course, to accomplish its goals, a corporation need not actually spend such sums in every race they are interested in. Far from it. Especially for offices or in areas where electoral races are generally not overwhelmingly expensive – in other words, for most state and local legislative and judicial elections throughout the United States – the implied threat to spend large expenditures against elected officials could easily be enough to “persuade” them to take the “right” position. Conversely, the promise of an enormous windfall in supportive corporate independent expenditures could have an equally persuasive effect.

Such corruption leaves no evidence: no paper trail, no recordings, no ads. But it poisons our nation’s democracy.

Do D.C. lobbyists really need more tools in their arsenal to effectively ‘twist arms’? Are Sacramento lobbyists, Albany lobbyists, Tallahassee lobbyists or any other state-based lobbyists in desperate need of influence?

The obvious answer is no. Yet in the post-Citizens United world, the game is rigged, and those with power only accrue more of it. The people, meanwhile, are left with less and less of a say in government. It’s no wonder the Democratic Party, President Obama, nearly 2,000 public officials, seven state legislatures and over 300 cities/towns, and 1.98 million Americans are in support of a constitutional amendment that would overturn the Citizens United decision.

PFAW

8th Circuit Rules Against Disclosure Law

A sharply divided court blocks Minnesota's campaign finance disclosure rules for organizations making independent expenditures in state elections.
PFAW

Trade Associations Funnel Secret Corporate Campaign Cash

“[T]he big winners” of Citizens United are trade associations and their corporate members that can now spend undisclosed, unlimited amounts of money to affect elections.
PFAW

Democratic Platform Open to a Constitutional Amendment

The Democratic platform recognizes that an amendment may be needed to restore our democracy after Citizens United.
PFAW

President Obama voices his support for a constitutional amendment

Two days ago, President Obama sat down for a live “Ask Me Anything” session on the popular social news website Reddit. Of the ten questions President Obama was asked, one pertained to money in the politics:

What are you going to do to end the corrupting influence of money in politics during your second term?

Although not specifically asked about the amendment strategy, President Obama raised the issue in his answer:

Money has always been a factor in politics, but we are seeing something new in the no-holds barred flow of seven and eight figure checks, most undisclosed, into super-PACs; they fundamentally threaten to overwhelm the political process over the long run and drown out the voices of ordinary citizens. We need to start with passing the Disclose Act that is already written and been sponsored in Congress - to at least force disclosure of who is giving to who. We should also pass legislation prohibiting the bundling of campaign contributions from lobbyists. Over the longer term, I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it). Even if the amendment process falls short, it can shine a spotlight of the super-PAC phenomenon and help apply pressure for change. [Emphasis added]

President Obama already had, through spokespeople, acknowledged his support of constitutional remedies to overturn Citizens United; he had not however done so himself, until now. The very fact that the sitting U.S. President is speaking seriously about the use of constitutional remedies to overturn Citizens United shows how far the movement has come. The movement has clearly made its move to the mainstream.

To date, here is what PFAW and our allies have accomplished:

- 1,951 public officials are now in support of constitutional remedies

- 96 House Representatives; 29 Senators

- 14 amendment resolutions introduced in the 112th Congress

- Over 275 cities and towns have passed resolutions supporting an amendment

- 7 State Legislatures have passed resolutions (HI, NM, VT, MD, RI, CA, and MA)

PFAW

Video Marks the First Anniversary of Citizens United Decision

Take a look at this video we put together following Citizen Jane as she runs for office in post-Citizens United America.

Public Officials Who Have Recognized the Need for Constitutional Remedies to Overturn Citizens United and Related Cases

See who already supports our movement, and find out how you can help get more officials on board.

July 24, 2012 PFAW Written Testimony to the Senate Subcommittee on the Constitution, Civil Rights and Human Rights

RE: Taking Back Our Democracy: Responding to Citizens United and the Rise of Super PACs

Video from PFAW Panel: Constitutional Remedies to Overturning Citizens United

People For the American Way’s Marge Baker moderates a panel discussion on Capitol Hill about the necessity of a constitutional amendment to address out-of-control corporate spending on elections made possible by Citizens United.

Citizens United v. FEC Constitutional Remedies: List of local and state resolution efforts

Here's a list of federal, state and local bills and resolutions which have been introduced or passed in support of amending the Constitution to undo the harm of Citizens United.
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