Taking Issue With Issue Ads
So-called "527 groups" have some political observers beside themselves.
"This is the most dangerous loophole that's ever come along in American politics," said Larry Makinson, executive director of the Center for Responsive Politics, a nonprofit group that tracks campaign contributions.
Maksinson likened their fast-growing popularity to a scene in 2001: A Space Odyssey, when the man-ape finds an antelope carcass and makes the evolutionary leap that the bones can be used both as tools and as weapons.
Special interest groups have found a bone buried in IRS tax code. Section 527 allows nonprofit political groups to raise and spend money without facing the contribution limits and disclosure requirements imposed by federal election laws.
"Political IOUs are being incurred here," said Makinson. "And we don't know to whom."
Federal law allows the groups to air "issue ads" for or against candidates, as long as the commercials do not specifically advocate their election or defeat. In one worst case scenario, Makinson wonders what's to stop a foreign government from trying to tilt an election with a multimillion-dollar ad blitz in the final days of a campaign.
"They don't have to disclose anything. They don't even have to disclose they exist," said Sean Aday, a researcher at the Annenberg Public Policy Center of the University of Pennsylvania.
An issue ad released in the last week attacking Al Gore caused the latest round of hand wringing. A 527 group called Shape the Debate released a commercial accusing the Vice President of hypocrisy on campaign finance reform and other issues.
"We just saw it as a rich target we couldn't pass up," said George Gorton, the group's leader.
Gorton, a veteran GOP consultant, says Shape the Debate has raised $1.5 million so far and hopes to raise $2 million to $3 million for another round of spots this spring. Former California Gov. Pete Wilson has raised money for the group - and at least two of the group's organizers have donated money to the Bush for President campaign. But none of the contributions to Shape the Debate has been made public - and most likely never will be.
Gorton said donors fear retaliation. He also said he has not consulted with the Bush campaign, since that would render the ads an illegal campaign contribution.
The Shape the Debate ads began airing in California, New York, and Washington, D.C. on the same day Vice President Gore announced a campaign finance proposal that would require such 527 groups to disclose their donors if they advertise within 60 days of an election.
"This is exactly the type of shady politics that is having a very negative effect on democracy," said Gore spokesman Chris Lehane.
But Gorton dismissed such critcism, calling political operatives who assail 527 groups, "hypocrites." He claims his group's ads are no different from ones paid for by the AFL-CIO and other organizations that supported Bill Clinton during his 1996 campaign.
Republicans, indeed, aren't the only ones taking advantage of Section 527. The nonprofit group Business Leaders for Sensible Priorities, created by Ben & Jerry's ice cream cofounder Ben Cohen, will create a 527 group next month and run paid advertisements in at least ten congressional districts. Though a BLSP spokesperson says future ads won't necessarily target Republicans, its issues compliment the Democratic platform - and Cohen himself has contributed solely to Democratic candidates in the past two election cycles.
The group claims that it seeks to educate the public about the large proportion of government spending on defense as compared to education and health care. "The 527 is unfortunately tainted by those who would use it with secrecy and negativism. That's not our intent," said Duane Peterson, BLSP's vice president.
Both Peterson and Gorton say their groups will likely run positive ads.
But researchers at the Annenberg Public Policy Center see a different future. A recent study released by the center shows advocacy groups spending record amounts on issue ads this campaign cycle, with more than $114 million already spent or committed. That's close to the total amount spent in the entire 1995-96 presidential cycle. And those ads are becoming increasing attack oriented. About 40 percent of issue ads studied were deemed negative in nature.
Researcher Aday said we will see "candidates taking the high road by running positive ads while others do the dirty work for them."
An influx of negative ads will likely antagonize and confuse voters as they try to sort out who's really behind such groups as Citizens for Better Medicare or Republicans for Clean Air, an organization created by a Texas Bush supporter which sponsored an ad at the height of the GOP primary season attacking John McCain's environmental record.
"What do you learn from these names?" asked Aday. "Nothing. One of the most important ways people judge messages is by assessing the credibility of the source."
Makinson suggested that special interest groups only seek to encourage supporters of their cause to come to the polls. Suppressing overall voter turnout, he said, may be "part of the strategy."