dark money

Darkness Falls Over New Jersey Dark-Money Bill

Election Law Society · January 8, 2020 ·

By: Beth Pindilli

In June of this year, Governor Murphy of New Jersey signed Senate Bill 150 into law, which requires dark-money groups to report who is bankrolling them. Governor Murphy was hesitant to sign this bill but did so after threats for the legislature to override his conditional veto. He asserted that he only agreed to pass this bill under the impression that the legislature would eliminate many of the problematic provisions.

Wyoming’s Irony: The LLC Loophole

Election Law Society · October 28, 2019 ·

Limited Liability Corporations (LLCs) are now commonplace in the American economy. In fact, they are being formed three or four to one in comparison to corporations. While these pass-through tax entities are often good for local businesses, the regulation of LLCs differs by state and this can create interesting challenges within state lines. This is currently true in Wyoming, where the loose regulation of LLCs is meant to favor incoming business, but also creates an “LLC Loophole” in the regulation of campaign finance. This dichotomy in regulation becomes ironic when you recall that Wyoming created the first LLC in 1977. [Read more…] about Wyoming’s Irony: The LLC Loophole

Dark Money Influences Wyoming Politics

Election Law Society · January 27, 2016 ·

By: Gordon Dobbs

In response to concerns around the country, the Wyoming U.S. Attorney appointed an attorney to monitor complaints of election fraud and voter intimidation on Election Day. This move in Wyoming was largely seen as a precautionary measure. Despite the fact that the state does not require proof of citizenship and allows same-day registration, Wyoming has not endured allegations of election rigging. But as the Republican Secretary of State assured the public that the election would not be rigged in any way, Wyoming dealt with a more substantial concern: the influx of anonymous, out of state money.

Colorado School Board Recall Election Raises Questions about Campaign Finance Disclosures and the Role of Outside Money

Election Law Society · December 4, 2015 ·

By: Eric Speer

A county school board recall election in Colorado has brought focus once again to the influence of outside “dark money” on local political races. And campaign finance observers say that much of it will never be traced back to its source because of a confluence between IRS reporting regulations and a 2002 amendment to the Colorado constitution.

Texas is Shining the Light on the Dark Money in State Politics

Election Law Society · November 20, 2014 ·

By Vanessa Rogala

The Lone Star State has decided to shine some of its Texas sun on the dark money used in elections. “Dark money” is a phrase commonly used to describe donations made by undisclosed donors. For the last several years, dark money been a growing concern in federal and state elections. According to the Center for Responsive Politics, spending by political organizations that do not disclose their donors increased from approximately $5.2 million in 2006 to over $300 million in the 2012 election. Some credit this rapid increase in dark money to the United States Supreme Court’s decision in Citizens United v. Federal Election Commission, which held that the federal government could not limit organizations from spending money to influence the outcome of elections. And, in an 8 to 1 decision, the Supreme Court also held that Congress can compel disclosure of that money spent on influencing elections, stating, “prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters.” The Supreme Court’s push for disclosure, however, launched the creation of super PACs and the growing use of disclosure loopholes. Given how quickly dark money has become an influential factor in elections, many states, including Texas, are attempting to address dark money within their borders. [Read more…] about Texas is Shining the Light on the Dark Money in State Politics