Campaign finance
loophole is big — but not as big as I thought
By CINDI ROSS
SCOPPE Associate
Editor
LEGISLATORS obviously aren’t the only ones who weren’t as careful
as they should have been when they tried to work through the
convoluted new definition of a “contribution” in the state campaign
finance law.
On Wednesday, I wrote a column about how language they had
inserted into that definition in 2003 had gutted the entire law.
This was done — by mistake, I remain convinced — with language that
said money spent during the last 45 days of a campaign is not to be
considered a contribution. That means such money, no matter when
it’s collected, doesn’t fall under any of the law’s provisions
concerning contributions.
The loophole was inserted into the law. But as House Speaker
David Wilkins’ staff pointed out Wednesday morning when he told them
to get to work on closing it, it applies only to spending done by
what’s called a “non-candidate committee” — the political parties,
All Children Matter or the S.C. Education Association, for example.
The money given to the candidates themselves is still considered a
contribution, and is still covered by the law’s restrictions and
reporting requirements.
(Note to self: When the speaker of the House tells you he is
completely unaware of a 21-month-old loophole that undermines a
landmark law he was instrumental in writing, take that as a warning
to triple-check the facts before proceeding.)
So where does this leave us?
Well, it leaves me deeply embarrassed. After all, I raised the
specter of candidates raising millions they would not have to
report. The good news is that it leaves our state in a place that is
not nearly so horrible as I thought. I thought we were the only
state in the nation where candidates can potentially hide all of
their campaign donations from the public.
However, we’re still in a bad place: The new loophole renders the
2003 law largely meaningless — and does damage to the law as it
existed before 2003.
The purpose of the 2003 law was to shut down another loophole,
this one created not by the Legislature but by the State Ethics
Commission, when it told groups like All Children Matter and the
S.C. Education Association that as long as they can pretend they’re
working independently of the candidates, state law doesn’t apply to
the ads and get-out-the-vote campaigns and other efforts they
purchase to try to get us to vote for the candidates of their
choice. Another commission-created loophole had allowed the
Republican and Democratic parties to hide the identities of many of
their donors from the public.
Those loopholes had been around for a few years, but they weren’t
fully exploited until 1998, when the video poker barons spent
hundreds of thousands, and possibly millions, of dollars on
“independent” ads convincing voters to oust then-Gov. David Beasley,
who was trying to outlaw video gambling. Since state law limits the
amount of money one person or business can give to a campaign, much
of that spending probably would have been illegal if not for the
Ethics Commission ruling that state law didn’t cover “independent”
campaigns. And while the gambling industry’s TV and radio
commercials were obvious, much of the campaign was under the
radar.
The poker barons also were believed to have poured millions into
the coffers of the Democratic Party, which suddenly swelled beyond
recognition. But the party didn’t have to acknowledge who was
underwriting its efforts, so we can’t know for sure.
The result was that the public had no idea how much money video
poker was spending to unseat Mr. Beasley, or how deeply the
Democratic Party was indebting itself to that industry.
While Democrats were the big beneficiaries of the loopholes in
1998, there was no question that Republicans would be able to
exploit them in the future. So it was in both parties’ interest to
close them. Still, it took five legislative sessions to get the job
done.
And, as it turns out, the job didn’t get done.
Because of some confusing language that was incorrectly inserted
into the bill in the wrong place at the last minute, the law only
requires the political parties and special-interest groups to report
where their money comes from if they spend it early in the election
campaigns.
Since most such spending comes near Election Day, the fix is
meaningless for all practical purposes. Beyond that, the new
loophole exempts much of the activity of some groups that were
already covered by the law. That means that unless the loophole is
closed, voters will be kept more in the dark in the 2006 elections
than they have been in any election since at least 1992.
This week, Sen. Tom Moore and House Speaker David Wilkins both
instructed their staffs to come up with legislation to close the
loophole, although Mr. Wilkins says he hasn’t yet decided whether he
will try to make the change this session or wait until a panel he
appointed to review the entire ethics and campaign finance law makes
its recommendations for the 2006 session. That should be an easy
call.
I’ve admitted my mistake and done what I can to correct it.
It’s time — actually, well past time — for the Legislature to do
the same.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |