Revisit ‘Citizens United’
One has only to look at the last gubernatorial election in New York to see the limitations of campaign finance laws in America’s political system.
For all the constraints lawmakers have put on political donations to try to reduce the influence of big money in politics, the dollars keep flowing. The situation has allowed a relatively small number of individuals and corporations to influence our elections, and too often we don’t even know who they are.
That is not an open, democratic system. And it’s so clearly ripe for corruption that its very legality should be revisited.
The blame falls squarely on the U.S. Supreme Court, which created this mess 13 years ago. In a 5-4 decision in Citizens United v. Federal Elections Commission, the court ruled that in the interests of freedom of speech, the FEC could not restrain independent spending on political messaging by corporations, provided they did not coordinate their activity with candidates’ campaigns. As a result, super PACS, or independent expenditure committees, have been able to raise and spend vast sums of money on political influence. While they are required to list their donors, there’s an easy workaround: Those who wish to remain anonymous can funnel donations through 501(c)(4) nonprofit corporations, which can obscure their donors’ identities.
The ruling has made a mockery of campaign finance limits. Wealthy donors can simply cut checks to super PACS that are promoting their preferred candidates, or attacking their opponents.
As for the ban on coordination between independent expenditure committees and campaigns, it’s a joke.
Consider that in the 2022 race for New York governor — possibly the most expensive in state history — Republican Lee Zeldin was having trouble matching Democratic Gov. Kathy Hochul’s fundraising through direct contributions. But late in the race, two pro-zeldin super PACS, Save Our State NY and Safe Together New York, were able to raise and spend millions on his behalf. Mr. Zeldin openly encouraged donors to give money to them. The co-chair of Mr.
Zeldin’s campaign, New York City Council Minority Leader Joe Borelli, was a spokesman for Save Our State (he insisted his co-chair title was ceremonial). The company that placed TV and radio ads for Safe Together New York, Mclaughlin Media, is owned by Republican consultant John Mclaughlin —Mr. Zeldin’s campaign pollster.
That’s quite a connected bunch of uncoordinated folks.
The Supreme Court’s conservative majority’s willingness of late to revisit precedents like Roe v. Wade has made it clear, for better or worse, that it views stare decisis as just so much Latin gibberish. So why not go after a ruling that is undermining democracy? If Congress won’t act to undo Citizens United, the New York Legislature should pass a law — this session — to rein in unbridled spending by independent expenditure groups. And while they’re at it, lawmakers should unmask the donors of the shadowy nonprofits that donate to super PACS.
After more than a dozen years of dealing with the corrosive consequences of Citizens United, it’s time to force the high court to look at the mess it made of democracy, and let our elected representatives clean it up.