Emerging Issues
PAC Reform
Political Action Committees, or PACs, are funds created when people and organizations pool their money to achieve a political goal. PACs are subject to disclosure regulations so that the public can see who is behind political spending on ballot initiatives and outside spending in candidate races. Whether a candidate uses private or public funding for their own campaign, participating in PAC activity is legal as long as the PAC does not directly benefit the candidate's own campaign.
Every two years, Maine media outlets report that some candidates have PACs. Clean Election candidates are often publicly criticized for engaging in this fundraising activity, and there is some concern that privately funded candidates use PACs to evade the contribution limit in their own election race.
MCCE believes that PACs remain a legitimate concern for Maine people because contributions to PACs are not limited at all, and the largest contributions often come from the special interests that are not allowed to play a large role in candidate campaigns any more. MCCE believes that the transparency provided by PACs is valuable to the public and that PAC activity is a legitimate expression of the First Amendment rights of speech and association that our Constitution grants. In our view, imposing a reasonable contribution limit on contributions to PACs should be the first step in reforming our PAC system in order to prevent the corruption and undue influence that could flow from the current system and its unlimited contributions.
PACs and Clean Elections Fact Sheet (August 2010)
MCCE Testimony on LD 814, An Act Relating to Political Action Committees in Maine (March 28, 2011)
Testimony by Ann Luther on LD 814, legislation placing contribution limits on candidate PACs (March 28, 2011)
Disclosure
The U.S. Supreme Court's Citizens United decision of 2010, unpopular as it is, did one good thing. It affirmed the constitutionality of disclosure laws. Disclosure laws provide the transparency that allows the public to be informed when it comes to election fundraising and spending. The reports that campaigns file are a fundamental building block of campaign finance laws, but they are under attack in Maine and around the country. Citizens United actually helped Maine to hold on to disclosure laws through the 2010 election as two lawsuits made their way through the federal courts. CLICK HERE to learn more about these ongoing legal challenges.
Disclosure made the news again when newly elected Governor Paul LePage's transition team made public the donations they received between the election and the inauguration. Incoming governors often raise private money for inaugural expenses, but Maine has no scheme in place for disclosure, no limits on what can be given, and no law making disclosure mandatory. LePage's team voluntarily limited contributions to $9,500 and published a list of more than 200 corporate, individual and organizational donors, moves that MCCE applauds. At the same time, this partial disclosure begs several questions. How much did each donor give? What is the total that was raised? How was the money spent, and did any funds remain after the inauguration? Without this additional information it is not even possible to confirm that there was compliance with the self-imposed contribution limit.
We know from our poll last June that Mainers value disclosure. Transition fundraising is an emerging issue around the country, and MCCE will work with legislators and others to understand the issue and explore solutions.
Read More:
Special-interest money shouldn't be used on transition expenses, Mike Tipping, Kennebec Journal, 1/16/2011
