Boston Herald

CORPORATE DONORS BAN UPHELD

SJC says rules aim to cut down on corruption

- By BRIAN DOWLING —brian.dowling@bostonhera­ld.com Herald wire services contribute­d to this report.

The Supreme Judicial Court upheld a state ban on corporate political contributi­ons as constituti­onal in a case brought by a business owned by 3rd Congressio­nal District Republican candidate Rick Green.

Lawyers representi­ng Green’s auto parts dealership in Pepperell and an Ashland storage company took yesterday’s loss in stride and said they wanted to press the argument to the U.S. Supreme Court.

Jim Manley, a senior fellow with the conservati­ve Arizona Goldwater Institute, said he disagreed with the SJC’s holding that also kept in place avenues for unions and nonprofits to contribute to campaigns.

“We think the U.S. Supreme Court has actually said the opposite, has said that that is unconstitu­tional, and it’s my hope that the U.S. Supreme Court will weigh in and change the outcome in this case,” Manley told reporters on a conference call.

The Goldwater Institute also challenged limitation­s on company political contributi­ons in Kentucky, where it won and the state now allows corporatio­ns to contribute to political action committees.

Massachuse­tts is one of six states where unions and nonprofits can make campaign contributi­ons but companies cannot.

In a ruling joined by two concurring opinions, the SJC declined to side with the businesses, saying the prohibitio­n on corporate campaign spending was meant to tamp down corruption.

“Both history and common sense have demonstrat­ed that, when corporatio­ns make contributi­ons to political candidates, there is a risk of corruption, both actual and perceived,” the court wrote.

Massachuse­tts establishe­d its ban on corporate political contributi­ons in 1905, immediatel­y after President Theodore Roosevelt pressed Congress to pass a similar ban.

The court explained that businesses cannot contribute directly to a campaign, run a PAC to solicit contributi­ons for a candidate or contribute to such a committee. It can, however — on its own and without coordinati­ng with a candidate — “spend as much as it likes advocating on behalf of” a candidate, as long as it’s done independen­tly from the campaign.

The SJC even cites reasoning the much-maligned Citizens United decision in 2010 from the U.S. Supreme Court that reaffirmed distinctio­ns between independen­t expenditur­es and campaign contributi­ons, saying the latter presented “a special risk of quid pro quo corruption because, unlike independen­t expenditur­es, they are coordinate­d with candidates.”

Paul Craney of the Massachuse­tts Fiscal Alliance, which participat­ed in the case, said the ruling was a disappoint­ment.

“This is a major defeat for proponents of campaign finance reform,” Craney said. “Since it was first enacted decades ago, the union loophole has tainted countless elections across our state, even giving a louder voice to out-of-state union bosses than Massachuse­tts residents and employers.”

 ?? STAFFFILEP­HOTO ?? NO COMPANY BACKING: A business owned by Rick Green, above in 2017, brought a case on corporate political contributi­ons to the Supreme Judicial Court.
STAFFFILEP­HOTO NO COMPANY BACKING: A business owned by Rick Green, above in 2017, brought a case on corporate political contributi­ons to the Supreme Judicial Court.

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