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THE NEW SOFT MONEY
Citizens United, 527s, 501(c)s and the Rise of
Super PACs
PRIOR TO CITIZENS UNITED…
               ¢  Outside  groups
                   certainly spent money
               ¢  Some had as much
                   impact as Super PACs
                  —    Swift Boat Vets
                  —    Moveon.org – Bush not
                        on our side
                  —    PVF: Ashley’s Story
                  —    NSP: Willie Horton
               ¢  First
                      three done
                 through “527
                 committees”
AFTER CITIZENS UNITED….
              ¢  Restrictionslifted on
                  express advocacy
              ¢  Groups that can spend
                  unlimited funds…
                —    Super PACs (new!)
                —    Labor Unions (new!)
                —    Corporations (new!)
                —    501(c)4s (new!)
                —    501(c)6s (new!)
WHO DISCLOSES WHAT
¢  Super     PACs:                    ¢  C4s,       C6s, labor unions
  —    Disclose all donors               —    Don’t disclose donors
        ¢  Sometimes, though,            —    Disclose expenditures
            donors are C4s
                                                ¢  Ad buys
        ¢  C4s don’t disclose their
                                                ¢  Phone banks, GOTV
            donors
                                          —    Candidate supported
  —    Disclose expenditures
                                                or opposed UNLESS
        ¢  Ad buys (TV, radio,
            online)                       —    Run issue ads
        ¢  Phone banks, GOTV                   ¢  Disclosed only within
                                                    30 days of a primary or
  —    List candidate, state                       60 days of general
  —    Who they support or                     ¢  Lists candidate

        oppose                                      mentioned
THE OLD RULES ABOUT “ISSUE
ADS” STILL APPLY…
               ¢  Under    Citizens United
                 —    Anyone can run express
                       advocacy
                 —    “Vote for, vote against”
               ¢  Despite
                        that, we see
                 most C4s and C6s
                 —    Run issue ads
                 —    Mention federal
                       candidates
                 —    “Tell Joe Smith you
                       don’t want higher
                       taxes”
A NOTE ON ELECTIONEERING…
              ¢  There   is a ton of
                  spending that does
                  NOT show up in FEC
                  files
              ¢  The only way to track
                  it is to go to the public
                  files the FCC requires
                  broadcasters to
                  maintain
              ¢  Sunlight is part of a
                  coalition of groups
                  trying to get these
                  forms online
HERE’S WHAT ONE LOOKS LIKE (THERE
IS NO STANDARD FORMAT FOR THESE)
QUICK PLUG…
¢  If
     you want more information on the FCC
   project, please contact me and/or Kathy Kiely—

¢  ballison@sunlightfoundation.com



¢  kkiely@sunlightfoundation.com



¢  We’d   be thrilled to have your help
SO WHAT DATA ARE AVAILABLE?
THERE’S LOTS, AND SUNLIGHT MAKES
IT AVAILABLE IN MULTIPLE FORMATS…
                     ¢  Newand improved
                       tracker shows…
                       —    All Super PACs
                       —    All independent
                             expenditures
                       —    All federal
                             candidates &
                             races with IE
                             spending
                       —    All electioneering
                             communications
                       —    And much, much
                             more!
PROVIDES SUMMARIES FOR
CANDIDATES
                  ¢  Howmuch
                    spent
                    —    IEs
                    —    Electioneering
                  ¢  Links   to other
                    data
                    —    Comparison to
                          other
                          candidates
                    —    Candidate
                          profile on
                          Influence
                          Explorer
DATA PULLED STRAIGHT FROM
FEC, AVAILABLE FOR DOWNLOAD
                 ¢  Download
                   —    Independent
                         expenditures
                   —    Donors to a
                         super PAC or all
                         super PACs
                   —    Donors and
                         Expenditures by
                         state
GET TO RAW FEC FILINGS FROM
THE SITE
                  ¢  Helps   you…
                    —    Find out what
                          kind of group it is
                    —    Find its address,
                          treasurer, etc.
                    —    See more details
                          than we provide
                    —    All data from the
                          FEC files are
                          available for
                          download from
                          our site
LET’S TAKE A LOOK AT CHAMBER
OF COMMERCE…
                   ¢  Committee   type
                       “E”
                   ¢  Means it only
                       does issue ads
                   ¢  Note that all
                       filings are
                       electioneering
                       communications
IMPORTANT POINT ABOUT BUSINESS
                   ¢  Try  to maintain low
                       political profile
                   ¢  Work through trade
                       groups
                   ¢  The bigger the better

                   ¢  Trade groups operate
                      —    At federal level
                      —    At state level
                      —    At local level
FIND OUT WHICH TRADE GROUPS
BUSINESSES YOU COVER BELONG TO

¢  Trade  groups don’t have to release lists of their
    members
¢  Generally, though, if you ask about one or two
    companies, they will answer
¢  At federal level, HLOGA requires disclosure of
    trade group members if…
  —    Company contributes more than $5,000 and…
  —    Helps select lobbyists
  —    Helps set legislative priorities
  —    Helps organize ad hoc coalitions
  —    Serves on committees w/in trade group that do any of
        the above
TRADE GROUPS ARE HUGE POLITICAL
PLAYERS
THERE ARE SEVERAL DIRECTORIES OF
TRADE ASSOCIATIONS
LOOK UP THEIR 990S ON GUIDESTAR.ORG
See how much they spend on political
activity…
boards of directors…
                       ¢  Extensive lists
                       ¢  They are usually
                           company execs
                       ¢  Sometimes
                           lobbyists
                       ¢  Boards drawn
                           from members
                       ¢  Good way of
                           seeing who’s
                           involved
Check to see if a trade group has a
federal PAC…
GET TOTALS SPENT, DONORS, ETC.
OPENSECRETS.ORG PAGES LINK TO FEC
REPORTS
FEC HAS A COMPLETE LIST OF
THESE COMMITTEE CODES
LET’S LOOK AT A SUPER PAC
                 ¢  Committee    type “O”
                 ¢  Means it’s a super
                     PAC
                 ¢  We have an address
                     (Sacramento? For
                     Hoosiers?)
                 ¢  We have a treasurer’s
                     name
                 ¢  Forms filed include
                     statement of
                     organization, quarterly
                     report, etc.
LET’S LOOK AT THE STATEMENT
OF ORGANIZATION
                     ¢  Page  one:
                         Boiler plate
                         letter saying
                         they’re a
                         super PAC
                     ¢  All super
                         PACs file this
MOVING ON TO PAGE TWO…
                  ¢  Address   of
                      committee
                  ¢  Email &
                      website (if there
                      is one—often
                      there is)
                  ¢  Treasurer’s
                      name
MOVING ON TO PAGE THREE…
                 ¢  Tells you what
                     kind of
                     committee it is
                 ¢  Tells you if it
                     supports one or
                     multiple
                     candidates
MOVING ON TO PAGE FOUR
                 ¢  Gives  you the
                     phone number of
                     the treasurer
                 ¢  With a lot of these
                     shadowy groups,
                     that’s going to be
                     your first point of
                     contact
                 ¢  Sometimes they
                     list two or three
                     individuals
AND HERE’S A 24-48 HOUR NOTICE
                ¢  Candidate  name
                ¢  Amount spent

                ¢  Race, and whether
                    they supported or
                    opposed named
                    candidate
                ¢  Also can see who
                    made the ad buy
ALL ACCESSIBLE THROUGH THE
FOLLOW THE UNLIMITED MONEY
TRACKER
Also has a page for “organizational
donors” (includes companies, nonprofits,
unions, etc.)
For the most part, it’s rich people giving
to super PACs
                         ¢  Sheldon  Adelson
                         ¢  Harold Simmons

                         ¢  Bob Perry

                         ¢  Jeffrey Katzenberg

                         ¢  Jerry Perenchio

                         ¢  Peter Thiel

                         ¢  Foster Friess

                         ¢  Even most
                             corporate donors
                             are companies
                             controlled by these
                             individuals
BUSINESSES CONTINUE TO OPERATE
THROUGH 501C4 AND C6 ORGANIZATIONS
SO WHAT DO YOU DO ABOUT THE
501Cs?




¢  Here’s a recent electioneering communication
¢  Run by a group called Freedom Path

¢  Let’s dig deeper
WE TELL YOU THEY’RE NOT A
SUPER PAC
                  ¢  When   it’s a super
                      PAC, we tell you
                  ¢  When it’s not, we
                      leave that space
                      blank
                  ¢  So what kind of
                      group is Freedom
                      Path?
FIRST CLUE
             ¢  Go  to the FEC
                 filings
             ¢  It’s a type “E”
                 committee
             ¢  Like Chamber of
                 Commerce
             ¢  It’s a group (other
                 than PACs) making
                 electioneering
                 communications
LET’S LOOK AT A FILING
                   ¢  We  get an address
                   ¢  The custodian of
                       records (who looks
                       like she does FEC
                       compliance for a
                       living)…
                   ¢  You also get the
                       date the ad ran,
ON PAGE TWO…
               ¢  Lists of
                   people
                   sharing
                   control
               ¢  Plus their
                   addresses
               ¢  And
                   employer
                   and
                   occupation
NOTE THAT WE CAN LOOK THESE
PEOPLE UP IN OPENSECRETS.ORG
                    ¢  Using  main
                        search on
                        home page
                    ¢  Bensing a
                        revolver
                    ¢  Bensing a
                        lobbyist
                    ¢  Bensing
                        working for
                        four PACs
WE CAN SEE HE USED TO WORK
FOR JOHN ENSIGN…
                   ¢  Now   works for
                       SBC Strategic
                       Consulting
                   ¢  Used to work
                       for November
                       Inc., another
                       lobbying firm
INTERESTS HE REPRESENTS
                 ¢  Oooh, Ultimate
                     Fighting
                     Championship!
                 ¢  State of Nevada

                 ¢  Other
                     companies…
…AND THE PACS HE SERVES AS
TREASURUER
                  ¢  All four are
                      Super PACs
                  ¢  Freedom Path
                      Action Network
                      sounds a lot like
                      Freedom Path
                  ¢  Check to see if
                      there are super
                      PACs with
                      names similar to
                      the group you’re
                      looking at
BACK TO THE FEC DISCLOSURE
                ¢  Money  spent
                ¢  What they’re buying

                ¢  Federal candidates
                    mentioned
                ¢  Yellow: Who’s being
                    paid
                  —    Note that with ad
                        buys, most of the
                        money will go to TV,
                        radio, etc.
GOOGLING FREEDOM PATH…
              ¢  In this case, we’re
                  lucky
              ¢  They have a page
                  telling us they’re a c4
              ¢  So we know what it is
                  and who’s behind it
              ¢  What we don’t know
                  is who contributes
              ¢  Always worth
                  pointing which
                  groups don’t disclose
                  donors
IRS SOI HAS A LIST OF ALL TAX-
EXEMPT ORGS…
                     ¢  Organized  by
                         state and region
                     ¢  Has c3s, c4s, c5s,
                         c6s…c25s
                     ¢  Lists income,
                         expenditures and
                         assets from most
                         recent 990
                     ¢  Has address of
                         group & contact
                         name
FOR NEW GROUPS…
¢  Some  501c4s and c6s will be created in the
    weeks to come
¢  They won’t have 990s available

¢  Check on their status with the IRS by calling
    1-877-829-5500
¢  It can be a 10- to 15-minute wait

¢  You can also contact Jim Willis at SOI for help
    on exempt org data
¢  james.n.willis@irs.gov

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The New Soft Money by Bill Allison

  • 1. THE NEW SOFT MONEY Citizens United, 527s, 501(c)s and the Rise of Super PACs
  • 2. PRIOR TO CITIZENS UNITED… ¢  Outside groups certainly spent money ¢  Some had as much impact as Super PACs —  Swift Boat Vets —  Moveon.org – Bush not on our side —  PVF: Ashley’s Story —  NSP: Willie Horton ¢  First three done through “527 committees”
  • 3. AFTER CITIZENS UNITED…. ¢  Restrictionslifted on express advocacy ¢  Groups that can spend unlimited funds… —  Super PACs (new!) —  Labor Unions (new!) —  Corporations (new!) —  501(c)4s (new!) —  501(c)6s (new!)
  • 4. WHO DISCLOSES WHAT ¢  Super PACs: ¢  C4s, C6s, labor unions —  Disclose all donors —  Don’t disclose donors ¢  Sometimes, though, —  Disclose expenditures donors are C4s ¢  Ad buys ¢  C4s don’t disclose their ¢  Phone banks, GOTV donors —  Candidate supported —  Disclose expenditures or opposed UNLESS ¢  Ad buys (TV, radio, online) —  Run issue ads ¢  Phone banks, GOTV ¢  Disclosed only within 30 days of a primary or —  List candidate, state 60 days of general —  Who they support or ¢  Lists candidate oppose mentioned
  • 5. THE OLD RULES ABOUT “ISSUE ADS” STILL APPLY… ¢  Under Citizens United —  Anyone can run express advocacy —  “Vote for, vote against” ¢  Despite that, we see most C4s and C6s —  Run issue ads —  Mention federal candidates —  “Tell Joe Smith you don’t want higher taxes”
  • 6. A NOTE ON ELECTIONEERING… ¢  There is a ton of spending that does NOT show up in FEC files ¢  The only way to track it is to go to the public files the FCC requires broadcasters to maintain ¢  Sunlight is part of a coalition of groups trying to get these forms online
  • 7. HERE’S WHAT ONE LOOKS LIKE (THERE IS NO STANDARD FORMAT FOR THESE)
  • 8. QUICK PLUG… ¢  If you want more information on the FCC project, please contact me and/or Kathy Kiely— ¢  ballison@sunlightfoundation.com ¢  kkiely@sunlightfoundation.com ¢  We’d be thrilled to have your help
  • 9. SO WHAT DATA ARE AVAILABLE?
  • 10. THERE’S LOTS, AND SUNLIGHT MAKES IT AVAILABLE IN MULTIPLE FORMATS… ¢  Newand improved tracker shows… —  All Super PACs —  All independent expenditures —  All federal candidates & races with IE spending —  All electioneering communications —  And much, much more!
  • 11. PROVIDES SUMMARIES FOR CANDIDATES ¢  Howmuch spent —  IEs —  Electioneering ¢  Links to other data —  Comparison to other candidates —  Candidate profile on Influence Explorer
  • 12. DATA PULLED STRAIGHT FROM FEC, AVAILABLE FOR DOWNLOAD ¢  Download —  Independent expenditures —  Donors to a super PAC or all super PACs —  Donors and Expenditures by state
  • 13. GET TO RAW FEC FILINGS FROM THE SITE ¢  Helps you… —  Find out what kind of group it is —  Find its address, treasurer, etc. —  See more details than we provide —  All data from the FEC files are available for download from our site
  • 14. LET’S TAKE A LOOK AT CHAMBER OF COMMERCE… ¢  Committee type “E” ¢  Means it only does issue ads ¢  Note that all filings are electioneering communications
  • 15. IMPORTANT POINT ABOUT BUSINESS ¢  Try to maintain low political profile ¢  Work through trade groups ¢  The bigger the better ¢  Trade groups operate —  At federal level —  At state level —  At local level
  • 16. FIND OUT WHICH TRADE GROUPS BUSINESSES YOU COVER BELONG TO ¢  Trade groups don’t have to release lists of their members ¢  Generally, though, if you ask about one or two companies, they will answer ¢  At federal level, HLOGA requires disclosure of trade group members if… —  Company contributes more than $5,000 and… —  Helps select lobbyists —  Helps set legislative priorities —  Helps organize ad hoc coalitions —  Serves on committees w/in trade group that do any of the above
  • 17. TRADE GROUPS ARE HUGE POLITICAL PLAYERS
  • 18. THERE ARE SEVERAL DIRECTORIES OF TRADE ASSOCIATIONS
  • 19. LOOK UP THEIR 990S ON GUIDESTAR.ORG
  • 20. See how much they spend on political activity…
  • 21. boards of directors… ¢  Extensive lists ¢  They are usually company execs ¢  Sometimes lobbyists ¢  Boards drawn from members ¢  Good way of seeing who’s involved
  • 22. Check to see if a trade group has a federal PAC…
  • 23. GET TOTALS SPENT, DONORS, ETC.
  • 24. OPENSECRETS.ORG PAGES LINK TO FEC REPORTS
  • 25. FEC HAS A COMPLETE LIST OF THESE COMMITTEE CODES
  • 26. LET’S LOOK AT A SUPER PAC ¢  Committee type “O” ¢  Means it’s a super PAC ¢  We have an address (Sacramento? For Hoosiers?) ¢  We have a treasurer’s name ¢  Forms filed include statement of organization, quarterly report, etc.
  • 27. LET’S LOOK AT THE STATEMENT OF ORGANIZATION ¢  Page one: Boiler plate letter saying they’re a super PAC ¢  All super PACs file this
  • 28. MOVING ON TO PAGE TWO… ¢  Address of committee ¢  Email & website (if there is one—often there is) ¢  Treasurer’s name
  • 29. MOVING ON TO PAGE THREE… ¢  Tells you what kind of committee it is ¢  Tells you if it supports one or multiple candidates
  • 30. MOVING ON TO PAGE FOUR ¢  Gives you the phone number of the treasurer ¢  With a lot of these shadowy groups, that’s going to be your first point of contact ¢  Sometimes they list two or three individuals
  • 31. AND HERE’S A 24-48 HOUR NOTICE ¢  Candidate name ¢  Amount spent ¢  Race, and whether they supported or opposed named candidate ¢  Also can see who made the ad buy
  • 32. ALL ACCESSIBLE THROUGH THE FOLLOW THE UNLIMITED MONEY TRACKER
  • 33. Also has a page for “organizational donors” (includes companies, nonprofits, unions, etc.)
  • 34. For the most part, it’s rich people giving to super PACs ¢  Sheldon Adelson ¢  Harold Simmons ¢  Bob Perry ¢  Jeffrey Katzenberg ¢  Jerry Perenchio ¢  Peter Thiel ¢  Foster Friess ¢  Even most corporate donors are companies controlled by these individuals
  • 35. BUSINESSES CONTINUE TO OPERATE THROUGH 501C4 AND C6 ORGANIZATIONS
  • 36. SO WHAT DO YOU DO ABOUT THE 501Cs? ¢  Here’s a recent electioneering communication ¢  Run by a group called Freedom Path ¢  Let’s dig deeper
  • 37. WE TELL YOU THEY’RE NOT A SUPER PAC ¢  When it’s a super PAC, we tell you ¢  When it’s not, we leave that space blank ¢  So what kind of group is Freedom Path?
  • 38. FIRST CLUE ¢  Go to the FEC filings ¢  It’s a type “E” committee ¢  Like Chamber of Commerce ¢  It’s a group (other than PACs) making electioneering communications
  • 39. LET’S LOOK AT A FILING ¢  We get an address ¢  The custodian of records (who looks like she does FEC compliance for a living)… ¢  You also get the date the ad ran,
  • 40. ON PAGE TWO… ¢  Lists of people sharing control ¢  Plus their addresses ¢  And employer and occupation
  • 41. NOTE THAT WE CAN LOOK THESE PEOPLE UP IN OPENSECRETS.ORG ¢  Using main search on home page ¢  Bensing a revolver ¢  Bensing a lobbyist ¢  Bensing working for four PACs
  • 42. WE CAN SEE HE USED TO WORK FOR JOHN ENSIGN… ¢  Now works for SBC Strategic Consulting ¢  Used to work for November Inc., another lobbying firm
  • 43. INTERESTS HE REPRESENTS ¢  Oooh, Ultimate Fighting Championship! ¢  State of Nevada ¢  Other companies…
  • 44. …AND THE PACS HE SERVES AS TREASURUER ¢  All four are Super PACs ¢  Freedom Path Action Network sounds a lot like Freedom Path ¢  Check to see if there are super PACs with names similar to the group you’re looking at
  • 45. BACK TO THE FEC DISCLOSURE ¢  Money spent ¢  What they’re buying ¢  Federal candidates mentioned ¢  Yellow: Who’s being paid —  Note that with ad buys, most of the money will go to TV, radio, etc.
  • 46. GOOGLING FREEDOM PATH… ¢  In this case, we’re lucky ¢  They have a page telling us they’re a c4 ¢  So we know what it is and who’s behind it ¢  What we don’t know is who contributes ¢  Always worth pointing which groups don’t disclose donors
  • 47. IRS SOI HAS A LIST OF ALL TAX- EXEMPT ORGS… ¢  Organized by state and region ¢  Has c3s, c4s, c5s, c6s…c25s ¢  Lists income, expenditures and assets from most recent 990 ¢  Has address of group & contact name
  • 48. FOR NEW GROUPS… ¢  Some 501c4s and c6s will be created in the weeks to come ¢  They won’t have 990s available ¢  Check on their status with the IRS by calling 1-877-829-5500 ¢  It can be a 10- to 15-minute wait ¢  You can also contact Jim Willis at SOI for help on exempt org data ¢  james.n.willis@irs.gov