Nearly 14 years after a controversial Supreme Court case opened the door to unlimited independent spending in federal elections, the United States is on track for another election cycle with record spending.
In its 5-4 decision in Citizens United v. Federal Election Commission (FEC), handed down on January 21, 2010, the Supreme Court upheld a long-standing ban on independent spending by corporations, unions, and other groups in federal elections. It ruled that the restrictions violated First Amendment rights. Freedom of speech is guaranteed, but spending and campaigns cannot be legally regulated.
Sarah Breiner, director of research and strategy at political finance tracking organization OpenSecret, told The Hill that Citizens United has begun a “race to the top of the spending graph.”
AdImpact, a political advertising tracking company, Expected to be $10.2 billion Spending on political advertising across broadcast, cable, radio, satellite, digital, and CTV during the 2024 cycle will be the highest ever. AdImpact tracked more than $9 billion in such political spending during the 2020 election cycle, which remains a record.
Super PACs and other outside groups, which are allowed to spend unlimited amounts of money on elections in the wake of the Citizens United ruling, are already spending more than they have in past election cycles.
Outside groups have committed about $318 million to the 2024 presidential and congressional elections as of Sunday. OpenSecrets reported. This highest amount is more than six times what he spent during the same period in 2020.
Since the Citizens United decision, election costs have become steadily higher due to a surge in outside spending.
candidates, political parties, and independent outside groups during the 2008 cycle, the last presidential election cycle before the 2010 Supreme Court decision. spent $7.1 billion Adjusted for inflation for federal elections, according to OpenSecrets. During the 2020 election cycle, total spending exceeded $16.4 billion.
The perceived drain on money in politics and its influence over politicians and the policy-making process has led many Americans to wonder if their elected officials are working for them. It makes me suspicious.
More than 70% of American adults, regardless of ideology or demographics, believe there should be limits on the amount of money that individuals and organizations can spend on elections, according to recent poll results. Pew Research Center survey. The Washington, D.C.-based think tank surveyed 8,480 adults from July 10 to 16, 2023, and will compile the data into a report this fall titled “Americans' Dismal Views of National Politics.” It was announced as a department.
But Breiner sees negative views about the role of money in politics as “kind of a symptom of the polarization and alienation that people feel about politics.”
“Legislative changes have enabled large donations by mega-donors, corporations and trade unions. There is also a shift in society where people believe political donations are necessary to participate and make change. ,” Breiner said. “And I think both of those are contributing to these record totals.”
2024 is off to an expensive start.
Huge amounts of money are already flowing into the 2024 presidential election.
Ahead of Monday's Iowa Republican caucuses, campaigns and their affiliated PACs poured more than $120 million into political ad buys in the state, a new record, according to data from AdImpact. CNBC reported.
But it remains to be seen whether predictions of record spending will come true, Breiner said.
“I've said all along that it depends on what happens with this.” [Republican] It’s the primary,” Breiner said. “if [President] Mr. Trump has closed out the Republican nomination very quickly, reducing the chances of big spending in many of these primaries. ”
Trump easily won Iowa, but former South Carolina Gov. Nikki Haley narrowed the gap in New Hampshire to single digits, according to Decision Desk HQ/The Hill poll analysis. Florida Gov. Ron DeSantis also remains in the race for next Tuesday's Republican primary in New Hampshire.
Ciara Torres Spellicy, an associate professor at Stetson University School of Law who specializes in campaign finance and constitutional law, predicts another round of record spending if Trump and Biden face off again.
“Both of these candidates are good at raising money, so all the outside money and dark money is going to try to influence individual votes,” Torres Spellicy said. Ta. “I think we're going to have an eventful life.”
President Biden's reelection effort, made up of his campaign, joint fundraising committee, and Democratic National Committee, announced Monday that it has $117 million on hand and has raised more than $97 million during the fourth quarter of 2023.
Official year-end filings with the FEC at the end of January will provide a clearer picture of how much money candidates have on hand for the first leg of the 2024 election.
'Dark money' fuels negative views about the role of money in politics
An overwhelming majority of Americans (82%) believe that donors have too much influence over the decisions of lawmakers, and 73% believe that lobbyists and special interest groups have too much influence. I replied to Pugh that I was thinking about it.
In the wake of the Citizens United decision, there has been a surge in “dark money,” which is political spending by groups that do not disclose their sources or donors to influence voters without disclosing their sources or donors. This may contribute to pessimistic attitudes about who is influencing elected officials.
“We don't know who's paying to influence those outcomes, and I think it's a little naive to think that even though it's anonymous to the public, it's anonymous to the recipient.” said Breiner.
OpenSecret Found Of Citizens United's $9 billion in outside spending through the 2022 election, more than $2.6 billion came from opaque sources.
Perhaps the most sensational recent example is the surprising downfall of Sam Bankman Fried, founder of the cryptocurrency exchange platform FTX. contributed to the public He is said to have donated $40.7 million to federal Democratic candidates and organizations during the 2022 election cycle, while keeping his donations to the Republican Party “in the dark.”
Although independent spending groups such as super PACs are legally required to disclose their donors, donations from shell companies, nonprofits, or straw donors can hide the true source of funds. there is.
Black finance groups are also finding creative ways to avoid reporting expenditures to the FEC. This includes halting spending within a certain period of time before an election and avoiding the use of “magic words” asking voters to support or oppose a candidate that triggers disclosure. . .
But Torres Spellicy told The Hill that she thought it was “unfair to blame Citizens United for dark money.”
“Citizens United is actually better when it comes to disclosure,” said Torres Spellicy, noting that the Supreme Court ruled 8-1 to uphold the disclosure requirements as part of the decision in Citizens United. pointed out.
The late Justice Antonin Scalia, a conservative stalwart who voted for the majority in Citizens United, wrote in a 2010 opinion in Doe v. Reed that the First Amendment does not extend the right to anonymously “speak.” Agreed.
“Requiring people to stand up in public for political action fosters civic courage, without which democracy is doomed,” Scalia wrote. “For my part, I do not expect a society where, thanks to the Supreme Court, we campaign anonymously, where we exercise even the direct democracy of initiative and referendum, hidden from public scrutiny and protected from critical accountability.”Here It bears no resemblance to the hero's hometown.''
2024 election coverage
Conservative groups were the first to aggressively use dark money after the Citizens United decision, but liberal groups have caught up in recent years and are expanding the practice across the political spectrum, according to the Issue 1 investigation. director Michael Beckel told The Hill.
“One of the trends to watch this year is how much dark money both teams are using, or whether one team is using it more. This election cycle has seen both Democrats and Republicans aggressively utilize dark financing methods. Neither side wants to be left behind in this arms race for political capital,” Becker said. Told.
Taylor Giorno previously worked at OpenSecrets.
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