Brookings: Experts - Trevor Potter

Campaign Finance in the 2012 Elections: The Rise of Super PACs

Thu, 01 Mar 2012 09:30:00 -0500

Event Information

March 1, 2012
9:30 AM - 11:00 AM EST

Saul/Zilkha Rooms
The Brookings Institution
1775 Massachusetts Avenue, NW
Washington, DC 20036

From “American Crossroads” to “Americans for a Better Tomorrow, Tomorrow,” so-called "super PACs" have emerged as the dominant new force in campaign finance. Created in the aftermath of two landmark court decisions and regulatory action and inaction by the Federal Election Commission (FEC), these independent spending-only political action committees are collecting unlimited contributions from individuals, corporations and unions to advocate for or against political candidates. The legal requirements they face—disclosure of donors and non-coordination with the candidates and campaigns they are supporting—have proven embarrassingly porous. Increasingly, super PACs are being formed to boost a single candidate and are often organized and funded by that candidate’s close friends, relatives and former staff members. Their presence is most visible in presidential elections but they are quickly moving to Senate and House elections.

On March 1, on the heels of the FEC’s February filing deadline, the Governance Studies program at Brookings hosted a discussion exploring the role of super PACs in the broader campaign finance landscape this election season. Anthony Corrado, professor of government at Colby College and a leading authority on campaign finance, and Trevor Potter, nonresident senior fellow at the Brookings Institution, a former chairman of the FEC and lawyer to Comedy Central’s Stephen Colbert, presented.

After the panel discussion, the speakers took audience questions. Participants joined the discussion on Twitter by using the hashtag #BISuperPAC.

Video

Participants

Panelists

Anthony Corrado

Nonresident Senior Fellow, Governance Studies
Professor of Government, Colby College

The Future of Campaign Finance: Congress, the FEC, and the Courts

Thu, 20 Oct 2005 10:00:00 -0400

Event Information

October 20, 2005
10:00 AM - 11:30 AM EDT

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

Campaign finance is yet again under the microscope as politicians, regulators, political parties, interest groups and courts grapple with the fallout from recent reforms. Controversy has arisen over the status of new section 527 organizations, the regulation of political advertising on the Internet, and the future of the presidential public funding system.

The Bipartisan Campaign Reform Act of 2002 was implemented for the 2004 election but uncertainty remains about its impact and future. Congress has several bills to amend federal election law; the FEC is involved in investigations and rulemaking that could redefine the meaning of the law, and the Supreme Court has agreed to hear two important campaign finance cases this term.

Three of the country's leading experts on campaign finance reform and coauthors of The New Campaign Finance Sourcebook (Brookings 2005), will discuss what was learned from the 2004 election cycle and what developments in Congress, the Federal Election Commission (FEC), and the courts lie ahead. Senior Fellow Thomas Mann will moderate the discussion with Brookings coauthors Anthony Corrado – the Charles A. Dana Professor of Government at Colby College and a nonresident senior fellow – and Trevor Potter, former FEC chair and now a Brookings nonresident senior fellow.

Speakers will take questions after their remarks.

Participants

Panelists

The New Campaign Finance Sourcebook

Anthony Corrado, Daniel R. Ortiz, Thomas E. Mann and Trevor Potter — Sat, 01 Oct 2005 00:00:00 -0400

Brookings Institution Press 2005 292pp.

This completely revised and expanded update of Campaign Finance Reform: A Sourcebook provides the definitive exposition of federal campaign finance regulation. Written by four of the nation's most influential analysts on politics and money, The New Campaign Finance Sourcebook presents a thorough overview and analysis of campaign finance policy and practices, including the

history of campaign finance regulation state of campaign finance law and the implementation of BCRA
constitutional and regulatory issues in the campaign finance debate
current practices and trends in the financing of federal elections
public financing of presidential elections
rules for campaigning on the internet
alternative approaches to reform.

The New Campaign Finance Sourcebook has also been integrated with the popular and useful Brookings website on campaign finance to provide a timely, interactive tool for policymakers, journalists, campaign professionals, and scholars. The Brookings Institution has been a leader in analyzing campaign finance and this important new book is an essential addition to that proud tradition.

ABOUT THE AUTHORS

Anthony Corrado

Daniel R. Ortiz

Daniel R. Ortiz is the John Allan Love Professor of Law and Horace W. Goldsmith Research Professor at the University of Virginia School of Law.

Thomas E. Mann

Trevor Potter

Downloads

Sample Chapter

Ordering Information:

{9ABF977A-E4A6-41C8-B030-0FD655E07DBF}, 978-0-8157-0005-0, $26.95 Order

Inside the Campaign Finance Battle : Court Testimony on the New Reforms

Anthony Corrado, Thomas E. Mann and Trevor Potter, eds. — Wed, 09 Apr 2003 00:00:00 -0400

Brookings Institution Press 2003 333pp.

In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had "flaws" but overall "improves the current system of financing for federal campaigns."

The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003.

This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing—until now.

INSIDE THE CAMPAIGN FINANCE BATTLE makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality.

ABOUT THE EDITORS

Anthony Corrado

Thomas E. Mann

Trevor Potter

Ordering Information:

{9ABF977A-E4A6-41C8-B030-0FD655E07DBF}, 978-0-8157-1583-2, $28.95 Order

FEC Undermining Campaign Finance Reform, Critics Say

Trevor Potter — Fri, 22 Nov 2002 00:00:00 -0500

Bob Edwards, host: Critics of the political money system had a big win early this year. Responding to public dismay over the collapse of Enron, a major campaign donor, Congress passed an overhaul of campaign finance laws known as the McCain-Feingold bill. Since then, critics of the system say their victory has been systematically eroded. Reform leaders are back on the offensive. NPR's Peter Overby reports.

Peter Overby reporting: When Congress passed the McCain-Feingold reform bill last spring, its advocates took pains to say their fight was only beginning. They were right, maybe more than they knew. They've spent much of the year preparing to defend the law's constitutionality in court. The case will be heard starting December 4th; it's expected to go on to the Supreme Court. The reformers have also blasted the Federal Election Commission for writing regulations that they say cut the guts out of the new law. But yesterday, leaders of the reform movement called on that same commission to go after the Democratic National Committee and the National Republican Congressional Committee. They alleged that both of these committees set up so-called shadow organizations in order to raise the big soft-money contributions that the parties themselves can no longer solicit. Trevor Potter's a former chairman of the Federal Election Commission. Now he's head of the Campaign and Media Legal Center, providing legal support for the reformers.

Mr. Trevor Potter (Campaign and Media Legal Center): It's obvious today that some Washington political operatives do not want to believe that anything has changed.

Overby: Potter said it's like the early 1990s. That's when party leaders started aggressively rounding up soft-money checks from corporations, unions and the wealthy, and the commission didn't stop them.

Mr. Potter: You have political actors who are going beyond the law and gambling that they're going to get away with it....

Listen to entire interview

Authors

Trevor Potter

Publication: NPR's Morning Edition

Campaign Finance Reform: The House Debate Resumes

Fri, 08 Feb 2002 09:30:00 -0500

Event Information

February 8, 2002
9:30 AM - 11:00 AM EST

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

The Enron scandal has reignited pressure on Congress to enact campaign finance reform, and the House will likely bring the Shays-Meehan legislation to the floor within the next several weeks, possibly as early as February 11th. Brookings will convene a panel of experts to give a full briefing on the House debate and votes, bolstered by the important realities brought to light in the forthcoming Brookings book, Financing the 2000 Election.

Led by Thomas Mann, a panel of experts on campaign finance will discuss the political and legal underpinnings of the debate—from the rule under which the legislation will be considered to the key substitutes and amendments to the bill itself. They will examine the strategies likely to be employed by its proponents and opponents as well as when a new law would likely go into effect. They will assess the impact of Enron's collapse, and consider the next steps for the Senate and President Bush.

David Magleby, editor of Financing the 2000 Election, will then draw on the expertise of the book's contributors to comment on the findings gathered from the most recent presidential, congressional, state, local, and judicial races. The discussion will examine the implications of comparative congressional campaign expenditures from 1972 to 2000, soft money and its influence on federal and judicial elections, and the likely impact of a soft money ban on the parties. They will discuss issue advocacy as it could be shaped by various provisions in the Shays-Meehan legislation.

Participants

Moderator

Panelists

DAVID B. MAGLEBY

Editor, Financing 2000 Elections
Director, Center for the Study of Elections and Democracy and Distinguished professor, Brigham Young University

Time to Restore Trust in our Campaign System

Trevor Potter — Thu, 12 Jul 2001 00:00:00 -0400

Congress passed the last major campaign-finance reform in 1974, in the wake of Watergate. Today, the House of Representatives will vote on another reform bill, known as Shays-Meehan.

The current ills may have different names—"soft money," "issue advocacy," selling the Lincoln bedroom - but the complaint is the same as in 1974: Large contributors and their money appear to have too much sway over our government decisionmaking process.

Does this mean reform is hopeless? No, it just means that no law is a permanent fix, and every reform will have to be strengthened over time. After all, Congress banned corporate money in federal elections in 1907. By 1971, no one took the ban seriously, until several CEOs were convicted of secretly contributing corporate money to President Nixon's reelection campaign. After that, and the 1974 reforms, no one gave corporate money to federal candidates for years—until soft money (funds given to political parties under the fiction that they won't be used in federal elections) took hold.

Now reformers are trying to restore the old prohibitions—no corporate or labor money in federal elections, and no unlimited individual contributions to federal candidates or parties.

The reform that passed the Senate this year, the McCain-Feingold-Cochran bill, banned soft money to national political parties and prohibited state parties from using it in federal elections. It also prohibited corporations and labor unions from using their money to target TV ads about federal candidates in their districts in the days before an election, and requires that others who run such ads disclose their spending.

Both parties have grown used to the virtually unlimited flow of soft money used by the national parties to pay for television ads, consultants, pollsters, buildings, and travel to resorts. So it's no surprise that the people who spend this money—and some who give it—are loath to get off the gravy train.

Some members of Congress go further and claim the system is necessary to finance vital party activities like voter registration and turnout. This is a true distortion of reality. Voter turnout was higher in the mid-'70s and the '80s when contributions were strictly limited. Further, the amount of soft money spent today by the national parties on voter registration and get-out-the-vote-activity is quite small. Let's clean up the system, and boost public confidence. That might really improve turnout!

Opponents of reform also claim that the principal provisions of the McCain-Feingold/Shays-Meehan bills are unconstitutional. Earlier this year, a letter signed by every one of the Amercian Civil Liberties Union's past presidents and senior officials supported the constitutionality of the Senate bill.

Just this past month, a Supreme Court decision in a Colorado case demonstrated that the court has a clear understanding of the dangers posed by large contributions to political parties from special interests.

No one can predict how the Supreme Court would rule on every provision of a new campaign-finance law. However, the two key parts of reform—banning soft money in federal elections and a ban on corporate and labor advertising in federal elections—are fully consistent with high court precedents of many years standing.

In the Buckley v. Valeo case in 1976, the court upheld the constitutionality of limits on contributions to political parties, because they protect against "the actuality and appearance of corruption."

Finally, House opponents of real campaign-finance reform hope that the public can be fooled into thinking that any bill labeled reform does the trick—without a look at the contents. The House leadership is now supporting the Ney-Wynn bill, which does virtually nothing to limit soft money, but greatly increases the hard money contributions to political parties.

Under Ney, someone could give the six Republican and Democratic national party committees a total of $ 450,000 per year, and anything above that could be raised without limit by the president or House and Senate leaders for state parties. Those state parties could then spend the money on the same ads featuring federal candidates that they do now. Some soft money ban! Meanwhile, the annual limit on contributions of "hard" (federal) money to the national committees goes from $ 25,000 a year to $ 90,000 a year, per person. The Ney bill may be many things, but a compromise reform measure it is not.

The House has an opportunity today to take a stand against the cynicism that our current system generates. Let's hope the members will stand up and be counted.

Trevor Potter is former chairman of the Federal Election Commission, and the director and general counsel of the Reform Institute.

Authors

Trevor Potter

Publication: The The Christian Science Monitor

Congress and Campaign Finance Reform: The Debate Resumes

Tue, 10 Jul 2001 09:30:00 -0400

Event Information

July 10, 2001
9:30 AM - 11:00 AM EDT

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

The House is scheduled to begin debate the week of July 9 on legislation to reform federal campaign finance law. Legislation sponsored by Representatives Christopher Shays (R-CT) and Martin Meehan (D-MA) that is similar to the Senate-passed bill is slated to compete against several proposals from House Administration Committee Chairman Bob Ney (R-OH). Heated debate and complex political strategies involving amendments and substitutes are certain.

In April, the Senate passed an amended version of a bill sponsored by Senators John McCain (R-AZ) and Russ Feingold (D-WI) that would prohibit "soft money" contributions to political parties (which are ostensibly used for "party-building" activities and which are free from restrictions) and regulate so-called issue ads that are clearly designed to promote or oppose specific candidates for federal office.

At this Brookings Forum, four campaign finance specialists will provide a preview of the issues and the politics of the forthcoming House debate. In addition, the event will feature a presentation of an expanded section of the Brookings campaign finance website (www.brookings.edu/campaignfinance) devoted specifically to the current congressional debate. The expanded section will feature daily coverage of the debate, amendments, and roll call votes. The full site offers regularly updated documents, transcripts, legislative proposals, court opinions, and other resources on campaign finance reform.

Participants

Panelists

NORMAN ORNSTEIN

Resident Scholar, American Enterprise Institute; Co-editor of The Permanent Campaign and Its Future

Election Reform: Assuring There are No More Floridas

Tue, 24 Apr 2001 00:00:00 -0400

Event Information

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

The protracted and controversial presidential vote count in Florida has spotlighted problems with current procedures for casting and tabulating ballots, and has prompted calls for reforms. The Senate has held two sets of hearings, several groups have launched studies of how elections are administered and votes counted, and members of Congress have introduced numerous bills. The House Administration Committee will open hearings on April 25th to consider election reforms.

This preview event — jointly sponsored by the Brookings Institution and the Constitution Project at Georgetown University — will be a timely examination of the issues and possible solutions. A panel of election experts will discuss what went wrong in Florida (and probably in other states) on Election Day, and what reforms are needed to assure that every eligible citizen can vote and can have his ballot counted accurately.

Among the issues to be addressed are:

What are the major reasons why some citizens were prevented from voting, and others had their ballots (in person and absentee) discarded? How can these problems be fixed?
Is better voter education needed, especially for first-time voters?
What can be done to modernize outmoded balloting methods? Is technology part of the solution?
Since election administration has traditionally been a state and local responsibility, what is the legitimate role of the federal government in updating the current system? Who will pay the costs?
Given the sharp partisan differences in the country and the tendency for politicians to calculate the partisan impact of institutional change, can Republicans and Democrats ever agree on a set of constructive reforms?

Participants

Moderator

Panelists

Michael Davidson

Counsel, The Constitution Project;
former Senate Legal Counsel

Sharon Priest

Arkansas Secretary of State; President, National Association of Secretaries of State

Wade Henderson

Executive Director, Leadership Conference on Civil Rights

A Preview of the Senate Debate on Campaign Finance Reform

Fri, 16 Mar 2001 11:00:00 -0500

Event Information

March 16, 2001
11:00 AM - 12:00 AM EDT

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

Congress is scheduled to begin debate March 19th on legislation to reform federal campaign finance law. The major bill to be considered — sponsored by Republican Sen. John McCain and Democratic Sen. Russ Feingold — would prohibit soft money contributions to political parties (those ostensibly given for nonfederal purposes and free from any restrictions on sources or size of contributions) and bring under federal regulation so-called issue ads that are clearly designed to promote or oppose specific candidates for federal office. While Senators McCain and Feingold have support from 60 senators to shut off a filibuster, their proposals are controversial and face opposition from outside groups and members of both major political parties. Heated debate and complex political strategies involving amendments and substitutes are certain.

Three campaign finance specialists affiliated with the Brookings Institution will provide a preview of the issues and the politics of the forthcoming Senate debate at the March 16 Forum. In addition, the event will feature a special presentation of the newly expanded Brookings campaign finance web page. Panelists will highlight a new section devoted specifically to the current congressional debate, which features regularly updated documents, transcripts, legislative proposals, legal opinions, and other resources on campaign finance reform.

Participants

Moderator

Ron Nessen

Panelists

Campaign Finance 2000

Wed, 26 May 1999 09:00:00 -0400

Event Information

May 26, 1999
9:00 AM - 12:00 AM EDT

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

Regulating campaign finance, far from disappearing as an issue following the 1996 fundraising controversies, continues to be debated. Key First Amendment decisions are being decided by the state and federal judiciary. Next fall, the Supreme Court will hear its first constitutional challenge to campaign contribution limits since Buckley v. Valeo. And Congress, yet again, has taken up the issue of campaign finance reform.

In the 2000 election, campaign finance will face new twists, as politicians and campaign finance regulators grapple with the Internet's emerging impact on elections, and as the 2000 presidential campaign sets new records for contributions, and raises new questions, about fund raising tactics.

A press briefing addressing these issues, and officially launching the Brookings Recent Developments in Campaign Finance Regulation Web Site, will be held on May 26. The web site will be an easily-searchable repository for federal and state court decisions, Federal Election Commission rulings, Congressional discussion, and scholarly research material on campaign finance. The web site will be demonstrated on a large screen, and computers will be available for attendees to navigate the web site.

Participants

Panelists

Campaign Finance Reform : A Sourcebook

Anthony Corrado, Dan Ortiz, Frank Sorauf, Thomas E. Mann and Trevor Potter, eds. — Mon, 13 Oct 1997 00:00:00 -0400

Brookings Institution Press 1997 402pp.

This volume pulls together key documents--statutes, court decisions, FEC advisory opinions, draft legislation--and scholarly articles that are essential references for any informed discussion of campaign finance reform. Each chapter includes a set of reprinted materials preceded by an explanation of the relevant issues by the editors. Topics include the history of federal statutes on campaign finance; major Supreme Court decisions; the constitutional contours of the current debate; a roadmap to the present rules of the game; political action committees; national parties; hard and soft money; express and issue advocacy; enforcing campaign finance law; and recent innovations and proposals.

The volume is designed to help reformers and interested citizens understand how current campaign finance practices have evolved from previous decisions made by legislative, judicial, and executive bodies and what might be entailed in moving the system in a desired direction.

Each of the editors has extensive practical experience in the field of campaign finance.

ABOUT THE EDITORS

Anthony Corrado

Dan Ortiz

Daniel R. Ortiz is the John Allan Love Professor of Law and Horace W. Goldsmith Research Professor at the University of Virginia School of Law.

Frank Sorauf

Frank Sorauf is professor of political science at the University of Minnesota and author of Inside Campaign Finance (Yale, 1992).

Thomas E. Mann

Trevor Potter

Ordering Information:

{9ABF977A-E4A6-41C8-B030-0FD655E07DBF}, 978-0-8157-1581-8, $24.95 Order

Brookings: Experts - Trevor Potter

Campaign Finance in the 2012 Elections: The Rise of Super PACs

Event Information

Video

Audio

Transcript

Event Materials

Participants

The Future of Campaign Finance: Congress, the FEC, and the Courts

Event Information

Participants

The New Campaign Finance Sourcebook

ABOUT THE AUTHORS

Daniel R. Ortiz

Downloads

Inside the Campaign Finance Battle : Court Testimony on the New Reforms

ABOUT THE EDITORS

FEC Undermining Campaign Finance Reform, Critics Say

Authors

Campaign Finance Reform: The House Debate Resumes

Event Information

Participants

Time to Restore Trust in our Campaign System

Authors

Congress and Campaign Finance Reform: The Debate Resumes

Event Information

Participants

Election Reform: Assuring There are No More Floridas

Event Information

Participants

A Preview of the Senate Debate on Campaign Finance Reform

Event Information

Participants

Campaign Finance 2000

Event Information

Participants

Campaign Finance Reform : A Sourcebook

ABOUT THE EDITORS

Dan Ortiz

Frank Sorauf