Volume 22
Issue
Special
Date
2024

Constitutional Validity of Public Donor Disclosure Requirements for Dark Money Organizations with a Focus on 501(C)(4)s

by Ashley Calcagno

In today’s political environment, running a winning campaign requires an exorbitant amount of money. Nearly $9 billion was spent in the 2022 congressional elections alone.1 There is no shortage of private donors readily available to fill the coffers.2 In the United States, private contributions to political campaigns are made to get sympathetic candidates elected, who, once elected, will theoretically accommodate their financial supporters.3

In the U.S., the outright purchase of favors is minimal, but there is an abundance of concern about undue influence.4 Undue influence can lead to policy capture over public decision-making.5 For example, one prominent Republican donor outraged at Congress’s lack of inaction told a fundraiser, [t]he GOP leaders should know, no movement on remaining agenda: tax reform, infrastructure, deregulation, etc. means no funding from supporters like me.6 Money in politics is not bad per se.7 However, when sources of campaign funding lack transparency, there can be serious implications for the integrity of a country’s political system.8

Read more

1.

Cost of Election, OPEN SECRETS (Nov. 11, 2023). https://www.opensecrets.org/elections-overview/cost-of-election?cycle=2020&display=T&infl=N [https://perma.cc/X4DJ-XK49].

2.

SUSAN ROSE-ACKERMAN & BONNIE J. PALIFKA, CORRUPTION AND GOVERNMENT: CAUSES, CONSEQUENCES, AND REFORM 352 (2d ed. 2016).

3.

Id.

4.

Id.

5.

Lucas Amin & Jose ´ Maria Marin, RECOMMENDATIONS ON POLITICAL FINANCING FOR OGP ACTION PLANS, 5 (Feb. 2020).

6.

Alex Isenstadt & Gabriel Debenedetti, Angry GOP donors close their wallet, POLITICO (Oct. 5, 2017), https://www.politico.com/story/2017/10/05/republican-donors-trump-mcconnell-anger-243449 [https://perma.cc/MG6G-3DGE].

7.

AMIN & MARIN, supra note 5.

8.

Id.