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March 10, 2005

Don't say the "magic words"

On Tuesday, Patrick Hansen, organizer for Campaigns for People, spoke at the HCDP’s Brown Bag Lunch concerning the role that corporate and union money plays in political campaigns, specifically their ads. Campaigns for People is a non-partisan organization that seeks to educate the public about campaign finance reform and to make the sources of soft money more transparent.

“What, do you mean I can’t say ‘please’ and ‘thank you?’” No, this isn’t some kind of attack on politeness. An ad is considered an issue ad, as long as it does not say to vote for or against a specific candidate or issue. Issue ads do not require the disclosure of financial contributors, while campaign ads must disclose their donors.

While many ads do not explicitly say who or what to vote for, the timing of when they are released and their content leaves no question as to the intent. A case in point is Tommy Merritt’s recent campaign for reelection to Senate District 1. His effort failed at least in part as a result of sham issue ads that aired shortly before the election in February 2004. The sponsors claim they do not have to disclose their contributors because they did not use the “magic words.” To decide for yourself, you can listen to two of the radio ads at www.cleanuptexaspolitics.com/shamads.

Of the total $127 million in political contributions made during the 2002 elections, corporations donated nearly half the amount, $60 million. The Texas Association of Business gave $1.9 million and Texans for a Republican Majority PAC spent $600,000 in corporate funds on political races in Texas.

Representatives Craig Eiland (D-Galveston) and Todd Smith (R-Bedford) have written House Bill 1348 that would prevent the use of corporate and union money in attack ads run within 60 days of a general election and require that contributors to the ads would be disclosed.

Key points of HB 1348:
- Specifically defines electioneering communication and the uses for which corporate and union funds are prohibited and individual donations must be disclosed.
- Adopts a modified federal “bright line” test, rejecting the ineffective “magic words” test. Ads broadcast or mailed within 60 days of a general election would be considered electioneering regardless of whether they say to specifically vote a certain way on an issue.
- Clarifies administrative expenses as costs incurred relating to office space, phones, salaries, utilities, general office supplies, computers, and telephones.
- Prohibits spending corporate or union money on any political activity including telephone banks to contact voters, electioneering brochures, partisan voter registration and voting registration drives, issue advertising, fundraising, and voter identification lists.
- Allows corporations and unions to solicit funds for its connected PAC only from the organization’s own stockholders, employees, or members.

To view a summary of HB 1348 visit: www.cleanuptexaspolitics.com/hb1348
To view a complete text of HB 1348 visit: www.capitol.state.tx.us/tlo/reports/daily/79R/house.htm

Patrick Hansen pointed out that HB 1348 won’t completely eliminate political ads, but it will change the tenor of the ads by forcing people to put a name, face, and integrity behind their money. It’s about removing the large corporate and union soft money from political campaigns in Texas.

Clean Up Texas Politics is actually a campaign to ensure that everyone’s voice can be heard above corporate and union political money. In a democracy the government should be for the people and by the people, not for big business and whoever has the largest bank account.

Take action by sending Lt. Governor Dewhurst and Speaker Tom Craddick an online fax by visiting www.cleanuptexaspolitics.com/.

Find your representative: www.house.state.tx.us/members/welcome.htm

Posted by at March 10, 2005 01:30 PM | Permalink

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Comments

It was interesting listening to Patrick's talk Tuesday, but I keep wondering, doesn't the Democratic Party also get massive amounts of corporate contributions? Don't we have as much, if not more, to lose than the Republicans? Maybe that's on the national, not state level ... in which case, Texas ethics reform might not hurt us. Does anyone know enough about this subject to shed some light on these questions?

Posted by: Dale Napier at March 10, 2005 03:19 PM

I don't presume to know the complete workings of the Democratic Party's finances, but HB 1348 does not eliminate corporate or union funding from a political party's budget. The bill specifies the exact uses for which such many can be used. Corporations and unions will still be allowed to solicit money from their employees up to two times per year that can be contributed to any political party. The political party can then use that money for specifically defined administrative purposes outlined in HB 1348. Additionally, in 1905 the Texas legislature voted to ban the use of corporate and union money for political activities. However, the law is now being abused to an extent never before seen. Certain groups are seeking to call what are really electioneering expenses as administrative costs. HB 1348 seeks to clarify uses of corporate and union donations to prevent them being used on nonadministrative uses.

In the case of the Texas Association of Business, $1.9 million from corporate sources was spent on television advertisements and another $453,815 was spent on direct mail to voters that the Republican Party classified as administrative costs. These uses of the money are already against the law in Texas, so HB 1348 will make it clear what constitutes proper and improper use of the money. The Republican Party is getting a lot of attention for such misuses of its corporate money, but I sincerely hope that the Democratic Party ensures that it follows the law. I hope that helps to clarify your question. If anyone else can add information, please do so.

Posted by: Marc Olivier at March 10, 2005 04:46 PM

Marc - Thanks for posting so much detailed info from this week's brown bag lunch! A couple clarifications:

1. There was over $6 million in corporate $$ in the Texas 2002 elections. These were not direct contributions to candidates, but funds used to influence the outcome of the elections via PACs, parties and "independent" expenditures.

2. According to the "bright line" test, an ad is "electioneering" and must be paid for with fully-disclosed individual contributions (i.e. NOT corporate or union money) if all of the following are true: a) it is aired within 60 days of a general election b) it refers to a candidate c) it targets the candidate's constituents and d) it is either a tv ad, radio ad, direct mail piece, or phone bank message. Ads which meet these criteria may still be aired, but cannot be paid for with corporate or union money.

Dale, you raise a good question. Under HB1348, the parties will still be able to raise and spend corporate and union money. HB1348 does require, however, that the parties keep these funds separate from funds that are use for political activities. Under HB1348, parties can spend corporate and union funds for: administrative expenses (which the bill explicitly defines), to administer a primary, to administer a convention, and to cover the costs of redistricting.

HB1348 doesn't try to impose new restrictions on the parties, but to clarify existing laws to make them enforceable. HB1348 seeks to uphold the 100-year-old Texas tradition of keeping corporate and union money out of our elections. At least until 2002, that was an expectation that both Democrats and Republicans could live with.

Posted by: Patrick at March 10, 2005 05:10 PM

Patrick, your clarification about HB 1348 was deeply disturbing. You basically said that Texas politicians will continue to collect and spend corporate money legally, with little real change in the law. A "clarification" of the law, to the average person, means "no change at all".

Your words were deeply disgenuous, to quote: "HB1348 seeks to uphold the 100-year-old Texas tradition of keeping corporate and union money out of our elections." You say that, but at the brown bag the other day, all you did was complain about how Republicans spent corporate money in the election. Both can't be true!

"Clean" elections"? "Ethics"? To continue to allow any corporate participation in our elections, means that Democrats have done nothing to improve the process. Most independents I know would conclude that is because Democrats and Republicans equally benefit from this loophole, and do so eagerly. Efforts to show miniscule differences between the parties on this matter just make things worse.

Is there a single Democrat in the Legislature today who has introduced legislation to truly remove corporate buyouts from Texas elections? If not, we have nothing to complain about until we elect some ethical representatives of our own.

Posted by: Dale Napier at March 11, 2005 03:32 PM

As much as I would like to see corporate and union money totally eliminated from political activities, I don't really think that will in reality ever happen. I'm not saying that people should give up the fight to eliminate such funding, but these types of contributions have a rather insidious way of finding holes in the system. Some of the 527s of the recent presidential elections are an example of disguising campaign donations that would otherwise have been illegal. However, I do believe that HB 1348 is a significant step to bringing the current abuse of the interpretation of 'administrative costs' back in line with the intention of the 1905 law passed by the Texas legislature. It is true that Republicans and Democrats, and realistically some third parties, have benefited from the use of corporate donations, but I believe this bill to be at least a step in the in the right direction, and approve of the efforts of Representatives Eiland and Smith for creating this bill. It takes some courage to write a bill that could turn you into a lightning rod for corporations and unions who would rather not see a tightening in the use of their donations, especially since these representatives may have benefited from such funding in the past. We clearly have a problem with extreme abuse of the current hundered-year-old law that needs to be clarified to make it easier to enforce in the today's environment of political financing. I'm not seeking to draw differences between Democrats and Republicans on this issue. I profoundly hope that both parties will stand united to pass HB 1348 to help rein the abuse of corporate and union contributions for clearly non-administrative purposes.

Posted by: Marc Olivier at March 11, 2005 11:10 PM

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