COLUMBIA - A new breed of political animal is staking out territory in the
state's 2006 elections, but its tracks are hard to follow.
Its existence is evident only in the half-dozen campaign mailings distributed
in recent weeks to influence voters in the GOP primary for education
superintendent and a number of state House seats.
That's because South Carolinians for Responsible Government is a creature of
a nebulous, unregulated political world that allows anonymous contributors to
donate unlimited amounts to promote the group's school choice and limited growth
agenda.
The emergence of this group represents a new trend in South Carolina politics
and mirrors a national movement toward using nonprofit 501c4s - named for the
section in the tax code that governs them - to influence elections.
Denver Merrill, a spokesman for SCRG, said the group's main focus is lobbying
the Legislature, specifically in favor of the controversial "Put Parents in
Charge" legislation that would have given tax breaks to parents who send their
children to private schools.
It dabbled in the 2004 elections, but mostly on the local level. This
election, however, the group is stepping up their efforts to educate voters, and
more groups like them could follow suit.
At the same time, a number of lawmakers, candidates and political pundits are
countering with assertions that the group is misleading the public with its
propaganda and bundling contributions to like-minded candidates.
"They are the scourge of American politics," said Warren Tompkins, a leading
GOP political consultant whose clients are being targeted. "They are
unaccountable and play by a different set of rules."
Unlike other political entities, such as political action committees, federal
and state laws don't require these nonprofits to adhere to contribution limits
or disclosure requirements. Even 527s, another type of group known by their tax
code designation and which played a major role in the 2004 presidential
campaign, must file detailed financial statements.
Disclosure loophole
Federal law says 501c4s aren't subject to that rule if they don't spend more
than half their resources on political activities.
"Because we can't see a lot of their activities, people wonder how big they
are and how active," said Kent Cooper, a Washington-based campaign finance
expert. "There is a hazy line between indirect and direct involvement in
elections."
South Carolina ethics laws state that the group can't ask people to vote for
or against a certain candidate and don't allow them to give directly to
candidates. But disclosure rules apply only if they spend more than $500 within
45 days of the primary.
So until Tuesday, the group can spend whatever amount they want, said Cathy
Hazelwood, assistant director at the State Ethics Commission.
"They will probably be the first test case" of the current law, Hazelwood
said. "And this will likely have to be decided in the courts."
The only disclosure the group has to make is an annual financial statement to
the IRS. The group's 2004 tax forms - the latest available - show it raised
$581,318 and spent $576,473 on mailings, media advertisements and
fundraising.
The group denied requests by The Post and Courier for more specific
information about donors and expenses.
"Supporters of groups like ours need to be protected because they are taking
on the government," Merrill said. "For people to question how we are spending
private contributions is un-American."
Motivated by choice
The group is targeting their attacks on eight GOP House members who voted
against their school choice legislation last year as well as Republican
superintendent candidate Bob Staton, who also opposes the measure.
A recent mailing said Staton "boosts liberal policies and politicians" and
called him "a wolf in sheep's clothing," which is a strike at his conservative
credentials.
Staton's main competitor in the race, Spartanburg public relations executive
Karen Floyd, has tried to distance herself from the group.
On Wednesday, Floyd's campaign said she encourages "any South Carolinian to
become involved in the political process."
But for the first time, the Republican was publicly critical of the
clandestine finances. "Every political entity that backs candidates ought to
disclose who their donors are," she said.
The targeted House members - including Goose Creek Republican Tom Dantzler -
are being criticized for spending "our tax money like it's going out of style"
and "monkeying around with your tax dollars."
The latter claim was aimed at discrediting Rep. Billy Cotty, a Columbia
Republican who is being challenged in the GOP primary by Sheri Few, a leading
proponent of the school choice legislation.
Cotty said SCRG's "whole campaign is centered on half-truths and
misrepresentations."
He also questioned whether they could legally bundle contributions from
out-of-state supporters and deliver the checks to GOP challengers they favor.
A review of campaign finance records shows that Few and Floyd received a
combined $31,500 from seven of the same out-of-state donors.
Republican Mark Willis, who is challenging Rep. Adam Taylor for a House seat
in Laurens, also received $1,000 checks from three of those contributors.
Merrill said the group doesn't support or endorse one candidate but
acknowledged, "peripherally, you can deduce we prefer one candidate over
another."
Tompkins, whose political consulting firm represents Staton, Cotty and
Taylor, said the intent is clear. "This is a loophole that needs to be closed,"
he said. "Their ought to be full sunshine and limits on these activities."
Reach John Frank at jbfrank@postandcourier.com or (803)
799-9051.