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In the tightly contested 2004 Presidential race, organizations
known as 527s (named after the section of the IRS Code under which
they are organized) are spending millions of dollars to influence
the outcome of the election. Unfortunately, 527s are currently not
subject to the reporting requirements and contribution limits which
apply to all other political groups, despite the express organizational
intent of all 527s to influence the outcome of elections. This nonsensical
incongruity has allowed 527s to accept contributions in the millions
of dollars from wealthy individuals to run ads tearing down one
candidate or the other.
Different Rules for Contributions
In 1974, as part of the post-Watergate reforms, Congress instituted
contribution limits for federal races. Per race, an individual could
give $1,000 to a candidate, while political parties and committees
could give $5,000 to a candidate. Aggregate individual contributions
to all federal races were limited to $25,000 per year. While $1,000
was completely out of the range of most Americans, it did restrain
the ability of super-wealthy donors to influence elections with
contributions in the hundreds of thousands or even millions of dollars.
In 2002, despite the fact that the overwhelming majority of Americans
still could not afford to give a candidate $1,000, Congress doubled
the individual limit to $2,000 per election and raised the aggregate
to $95,000 every two years, roughly equivalent to the median household
income in the United States. Again, these limits did not level the
playing field for regular Americans to take part in the political
process to the same extent as wealthy folks, but they did limit
the ability of the super-rich to use their wealth to dominate our
process of elections through huge contributions.
The use of 527 groups by millionaires and billionaires has restored
their ability to give big money to influence elections in the United
States, in conflict with both the spirit of federal campaign finance
laws and the fundamental principles of democracy. Using the latest
reports (filed in July 2004):
- The top three individual donors to 527s in the 2004 election
cycle have contributed a combined $34.9 million.
- Each of the top fifteen individual donors to 527s in the same
period contributed at least $1 million, for a combined total of
$52 million.
- According to the Center for Public Integrity, 527 groups have
spent some $682 million since August 2000, nearly $250 million of
which was spent from January 2003 until July 2004.
Corporations and unions have joined wealthy individuals in taking
advantage of the 527 loophole, allowing them too to pour millions
of dollars towards influencing elections which otherwise would be
illegal.
Poor Disclosure
A brief look at the filings of one 527, Progress For America Voter
Fund ("the Fund"), highlights how infrequent disclosure
requirements allow 527s to pile up huge amounts of cash from unknown
contributors. In its July 13, 2004 Form 8872 filing with the IRS,
the Fund reported $2,266,810 in contributions. By late August, although
he was not required to do so, its president was reporting that the
Fund had raised $35 million, had received a large number of pledges
for further contributions, and was planning a $125 million advertising
campaign through Election Day. Voters may not be able to tell who
all the new contributors are who are backing the Fund until its
October filing, making it very difficult for voters to evaluate
ads they saw two months earlier in light of who the group's contributors
are.
Similarly, if a corporation or union wanted to give millions of
dollars to 21st Century Democrats on October 22 to finance a huge
last-minute direct mail or newspaper ad campaign, voters would have
limited opportunity to tell who was backing the ads before the election,
and thus be hard pressed to incorporate that information into their
decision on Election Day. In both situations, it is voters who lose.
Top 527 Committees
The following are the 527 Committees which have raised the most
money in 2003-4, using data obtained from the Center for Public
Integrity on Sept. 16, 2004. The 527 Joint Victory Campaign 2004
is not listed because to do so would result in double counting with
other 527s. The data is based on reporting as of July 2004, so other
527s may have since raised millions of dollars more, as noted above.
Media Fund ____________________________________$28,127,488
America Coming Together - Nonfederal Account _______$26,905,450
Republican Governors Association _________________$23,497,739
SEIU Political Education and Action Local Fund ______$20,865,839
Democratic Governors' Association ________________$14,406,569
AFSCME Special Account ________________________$12,183,248
MoveOn.org Voter Fund _________________________$9,086,102
New Democrat Network - Non-Federal ______________$7,172,693
Club for Growth Inc. _____________________________$6,868,312
Republican State Leadership Committee - RSLC ______$5,792,826
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