Presidential Candidates, Each Sold Separately
By Ciara Torres-Spelliscy
August 17, 2015 "Information
Clearing House" - "BCJ"
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Mark Hanna used to say, "there are two
things important in politics.The first is money and I forget the
second." The next president will take the oath of office in 2017,
but between now and then expect a lot of money to be spent buying
the ear of the next president. The large amount of spending will be
driven in part because there are presently 22 candidates vying for
the two major party nominations. If Prof. Lawrence Lessig makes it
official, there will be 23.Our campaign
finance laws maintain the legal fiction that there is a difference
between money given directly to a candidate's campaign and money
spent on ads in support of the candidate that benefit them. Your
local billionaire can still only give
$5400
(or $2700 per election per candidate) to a candidate for federal
office. But at the very same time the wealthy can spend an unlimited
amount on ads touting their favorite candidate or trashing the
object of their ire.
I don't know about you, but I'd be mighty grateful
if someone spent a million in support of me. And I’d probably be
more grateful for the million spent than the $5400 given directly.
The wealthy have had the right to spend lavishly
on independent ad buys since Buckley v. Valeo in 1976. But
the real spending spiked after Citizens United and a case
called SpeechNow with the advent of the Super PAC.
According to
www.opensecrets.org, in 2010 Super PACs raised $828 million and
spent $609 million in the federal election.
Spending through a Super PAC, even if there is one
funder ponying up 95 percent or more of the money, gives the
illusion that there are groups involved—often with an appropriately
Orwellian name—instead of just one random rich guy. Using Super PACs
as a vehicle, in 2012
Sheldon Adelson and his wife spent $93 million, William
"Bill" Koch of the Koch Brothers spent $4.8 million and Foster
Friess spent $2.6 million.
And already we see billionaires lining up behind
2016 candidates in the “money primary” like they were buying so many
action figures in a toy store with matching podiums, blue suits, and
karate grip. Of course, like so many toys, each candidate is sold
separately. And the spending has already started. As
Mother Jones recently put it, “These 8 Republican Sugar
Daddies Are Already Placing Their Bets on 2016.”
The other phenomenon that has happened is some are
backing more than one candidate. With 5 Dems and 17 Republicans, the
Center for Public Integrity, argues that “[i]t’s
speed dating season for presidential campaign contributors.”
There is no rule that says a donor must only back
one candidate. If they want, they can hedge their bets and back two
or three. Hell, if they want, they can try to collect them all. At
least
ten donors are backing two or more of the Republican candidates.
Donors don’t have to be loyal to a single
political party either. Seventeen mega spenders are already backing
Republican Bush and Democrat Clinton, who may end up as respectively
the most popular GI Joe and American Girl doll of 2016. For example,
John Tyson, chairman of Tyson Foods, has supported both Bush and
Clinton. The same is true of Richard Parsons, the former head of
Time Warner, and David Stevens, the CEO of the Mortgage Bankers
Association. For a full list of the seventeen Clinton/Bush
supporters see
here.
Now it’s not necessarily a bad thing for there to
be over 20 candidates for president over a year out. It’s a big
country with diverse views. But because the presidential public
financing system was allowed to atrophy, each of these candidates
must run in privately funded races. And this has led to the unseemly
spectacles of multiple candidates flying to California for the
“Koch” primary or to Las Vegas for the
“Adelson” primary. The only primaries that should matter are the
ones with actual voters. But the reality is the donor class is
likely to shape the choice of candidates long before any Iowans
caucus or a New Hampshirite cast a single ballot.
Ciara Torres-Spelliscy is a Brennan Center
Fellow and an Associate Professor of Law at Stetson University
College of Law. She is the author of
Safeguarding Markets from Pernicious Pay to Play: A Model Explaining
Why the SEC Regulates Money in Politics.
© 2014 Brennan Center for Justice