December 12, 2003
Soft money in Elections
I don't understand why so many people seem up in arms over the recent SCOTUS up holding parts of the McCain Feingold law.
The fact is, the M-F, for the most part, just added the same regualtions for 'soft money', as existed for 'hard money' donations. See, we've been through this dance before. In the 70s, the Federal Election Campaign act was written, aimed at reducing the influenmce money had on campaigns. It too was challenged, and it too was partially upheld, partially struck down. The problem is that people found a way to violate the intention of the law, while repsecting the letter of the law. We call it 'Soft Money'. It's basically a non-donation, donation. The 1971 FEC act restricts hard money donations - so groups that before the 1971 law would have given the money to Candidate A, now run ads either supportive of A or critical of A' opponents, generally with an understanding from 'A' that it's a donation, even though it's not.
There are, of course, some new wrinkles. Such as the banning of candidate specific ads by 'groups' within 60 days of an election. This, it seems, is a major issue with some. Why? Well, one of the larget cries is that is stifles 'political speech', but this is one of those 'partial' truths. The ACLU, NRA, PTA - whoever can still run issue ads during elections. M-F DOES limit their ability to name a candidate in the last 60 days. Which means, the ACLU can't criticize Bush for Ascroft during th last 60 days before an election, but can run ads about the curtailing of freedoms by the government.
Another argument seems to be that it will help incumbents, but I don't buy this, either. In fact, I feel the other way. I think incumbents tend to have more access to soft money than the challengers - so this would actually work against incumbents.
Is M-F perfect? Nope. And, the sad fact is, it will most likely have little effect. Candidates and groups are already trying to find ways around M-F, just as they found ways around the 'Hard Money' regulations of 1971 act.
Is it a good step? I think so.
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