Secretary Land’s pass/fail legacy test

Michigan’s Secretary of State Terri Lynn Land’s legacy hangs on whether the department issues its Declaratory Ruling for campaign disclosure based on the U.S. Supreme Court’s Citizens Untied decision.

The Michigan Campaign Finance Network has collected data on the spending for those candidate-focused electioneering communications from the public files of the television broadcasters and cable systems of Michigan.

Data shows undisclosed spending of $11.6 million in the 2002 gubernatorial campaign; $18.1 million in the 2006 gubernatorial campaign; and, $14.3 million during Supreme Court campaigns from 2000 through 2008, exceeding the amount raised by the Supreme Court candidates in their campaign committees.

The reason those advertisements are allowed to go unreported is because they studiously avoid the use of words of ‘express advocacy’ such as “vote for,” “vote against,’ “support” or “defeat.”  Those magic words have been the definitive test of whether disclosure is required, even though the definition of an expenditure in the Michigan Campaign Finance Act excludes only those communications that do not lead to a clear inference of support or opposition for a candidate.

Following are examples of advertisements from the 2008 Supreme Court campaign that have been interpreted to lead to no clear inference of opposition to a candidate:
From the Michigan Republican Party: Out of Touch
From the Michigan Democratic Party: The Sleeping Judge
From the Michigan Chamber of Commerce: Dangerous Rulings
Secretary Land has a choice to make: Require the disclosure that allows citizens to give proper weight to the political speech they hear, or keep the citizens ignorant of whose money pays for campaign propaganda.

Read the MCFN’s letter to the Department of State on the Michigan Chamber’s request for a Declaratory Ruling here.