Transparency in Campaign Finance

You can't get much more transparent with your campaign finance efforts than Dan from Between the Links.  As the Mobile Press-Register reports today, Dan has formed a political action committee with the express purpose of "filter[ing] funds from controversial or unpopular groups to other PACs and candidates for the purpose of hiding the actual source of a candidate's campaign money from voters ."  He filed his paperwork with the Secretary of State's office this week.

 

Of course, this is the very definition of the problems with PAC-to-PAC transfers and the lack of transparency that some members of the Legislature, such as Representative Jeff McLaughlin, have been trying to address. Maybe Dan's effort will help highlight the issue for the public, although I suspect that most Alabamians tune out when they are told about the details of campaign finance reform.

 

Another issue in campaign finance reform that has gotten little attention is the fact that a court threw out a case involving a state Senator, Larry Means, who allegedly did not file his campaign finance reports as required under state law. The court ruled that it did not have the authority to hear the case, even though violations of the campaign finance laws is a justiciable matter.  The judge hearing the case contended that Larry Means' election should have been contested on the grounds of violating the campaign finance laws. Otherwise, only the Alabama Senate could determine whether Means should be able to serve.  Strangely, the judge didn't address the fact that even in an election contest, a court would have to determine whether Means violated the state's campaign finance law.

 

In any event, the court seemed to be overreaching in its opinion of state.  The campaign finance law doesn't state that an individual has to file an election contest to address violations by a candidate.  It merely says:

A certificate of election or nomination shall not be issued to any person elected or nominated to state or local office who shall fail to file any statement or report required by this chapter. A certificate of election or nomination already issued to any person elected or nominated to state or local office who fails to file any statement or report required by this chapter shall be revoked.

The second sentence quoted above even anticipates the removal of a state or local official from office if he or she fails to file the report.

 

The court basically nullified the campaign finance laws for members of the Legislature, especially if the violation is not found until after election day.  However, the laws would seem to still apply to other state candidates, such as those for governor, secretary of state, treasurer, etc.  It's incredible to think that a court would determine that the law as written doesn't apply to members of the very body that wrote the law, even without those members including a specific exemption.

 

The courts judgement in the Means case is about as cloudy as the money trail in Alabama elections.