Campaign Finance

"Strong majorities of Republican, Democratic and independent voters believe that there's too much 'big' and secret money in politics," says Aaron Scherb, spokesperson for Common Cause, a nonpartisan "citizens' lobby" working to ensure fair elections. The DISCLOSE (Democracy Is Strengthened by Casting Light On Spending in Elections) Act would rectify the glaring omission of dark money groups from FEC disclosure requirements. Some version of the DISCLOSE Act has been introduced every Congressional session since 2010—when it came within one vote of passing. "Republicans," says Scherb, "have repeatedly filibustered it in recent years." "With congressional Republicans continuing to block progress at the federal level, more and more states and municipalities have taken matters into their own hands and passed a variety of reforms," says Scherb. One effort is publicly funded campaigns with "small-donor matching systems" or block grants. More than three dozen states and municipalities have adopted some type of publicly financed elections. "These bills empower average Americans by matching their donations and make it possible for people of average means to run for office," says Scherb. "Passing reforms at the state and local level will create bottom up pressure on Congress to eventually do so at the federal level," he adds. Luckily, there are a number of nonpartisan groups working to reform our out-of-control campaign finance system. They act as FEC watchdogs, pushing for the commission to enforce violations (the six-member FEC — composed of three members of each party — often deadlocks), and advocate for legislative changes at all levels. Groups like Common Cause, Campaign Legal Center, End Citizens United and the League of Women Voters are all committed to campaign finance reform. The battle to rein in the influence of "big money" in campaigns won't happen overnight. With a reluctant Supreme Court and concerted partisan efforts to stymie legislation at the federal level, there is hard work ahead. "This is a marathon, not a sprint," warns Scherb. But he and others firmly believe it's a race that must be won. "Big money shouldn't dictate policy outcomes," Scherb says.

In 2018, watchdog group Common Cause filed a complaint claiming the payment was an “in-kind contribution” to Trump’s campaign. But the FEC failed to support their general counsel’s recommendation to investigate amid partisan deadlock in 2021. Cohen in 2018 pleaded guilty in Manhattan federal court to eight counts that included one count of causing an unlawful campaign contribution, and another count of an excessive campaign contribution, in connection with the payment to Daniels.

Dede Feldman, a former state lawmaker and spokesperson for Common Cause New Mexico, said voters deserve to know who signs candidates’ paychecks and where potential conflicts of interest lie. That’s also true for district attorney candidates, she said. “It's not a good look when candidates do not disclose their finances,” she said. Feldman said more candidates need to file disclosures, but that won’t go nearly far enough. They also need to take them more seriously. “The chief duty of elected officials is to act in the public interest, and not their private interests. But when no one knows what their private interests are, there's no way to really enforce conflict of interest,” she said.

Watchdog group Common Cause filed a complaint claiming the payment was an “in-kind contribution” to Trump’s campaign, but the FEC failed to support their general counsel’s recommendation to investigate amid partisan deadlock. Cohen ultimately pleaded guilty to election finance violations, and said the Trump Organization reimbursed him.

California Common Cause and California Clean Money Campaign — the main supporters of the 2022 law — argued the bill would favor certain industries, reduce transparency and allow local elected officials to accept large donations outside the 18-month period the bill proposed. “For many lengthy projects that take longer than nine months, these changes would allow for large contributions to be made while a matter is pending” as long as the check is written outside the window, said Pedro Hernandez, legal and policy director of California Common Cause. Jonathan Mehta Stein, executive director of the group, called the bill’s advancement a “​special interest triumph.” “Our democracy is in dire trouble at the national level. The least we can offer Californians is high-integrity, trustworthy governance here at home,” he said in a statement.

Big ag’s influence on state politics is “endemic”, according to Gavin Geis from Common Cause Nebraska, a non-partisan elections watchdog. “The big money spent on lobbying and campaigns by corporate agriculture has played a major role in resisting stronger regulation – despite clear signals such as high levels of nitrates in our groundwater and cancers in rural communities that we need more oversight for farmers across the board,” said Geis.