Political ads: Cash still king
Ban on soft money has simply diverted the money flow - with swift-boat spat fanned by '527' groups.
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The Moveon 527, which receives major support from billionaires Peter Lewis and George Soros, is called the Moveon Voter Fund, and has not run any ads in four months, according to Trevor Fitzgibbon of Fenton Communications, which represents Moveon. A third entity, called Moveon.org, is a 501c4 committee and is allowed to do political advocacy work.
The complicated network that Moveon has become reflects the nature of how political advocacy shifts and morphs to conform to laws and regulations - and the desires of donors.
The bottom line is that attack ads won't necessarily stop 60 days before the general election on Nov. 2, even though McCain Feingold requires it. A 527 group, before the 60-day window, can use corporate, labor union, and individual contributions to fund ads. But if the group started a political action committee and raised its funds in the form "hard money" - dollars that are subjected to limits and don't come from union or corporate treasuries - they can continue to advertise through Election Day.
Another option is for a wealthy individual to advocate his point of view by hiring an ad firm himself, an action that has always been legal.
Ironically, the way the laws are written, outside groups are in fact encouraged to couch their messages in negative terms. Because they are barred from advocating for a candidate, they are safer legally by going negative.
But in the end, the quantities of money involved in these advocacy groups are the least of the candidates' problems. For less than $1 million, Swift Boat Veterans for Truth will have dominated political talk for two weeks before the Republican National Convention begins next week.
"The problem with the Swift Boat ad isn't how it's financed, it's its content, which is probably untrue and maybe libelous," says John Green, director of the Bliss Institute of Applied Politics at the University of Akron.
Mr. Ornstein of the American Enterprise Institute blames the media and not the new campaign finance structure for the huge play the Swift Boat allegations have received.
"What these guys have been able to tap into is the 'stop us before we kill - or report - again syndrome,' " says Ornstein. "They found they could put a story out there, get an ad up - they could have spent only $50,000 - get it on Drudge, Limbaugh, the New York Post, and then everyone follows like lemmings. No campaign finance system is going to change the norms of journalism."
Added to the mix is the role of the Federal Election Commission, which many reform advocates complain is too weak. In a ruling last Thursday, the FEC passed new rules aimed at making it harder for some independent groups to spend large sums of soft money in campaigns. Starting on Jan. 1, some 527 committees will be required to raise more small "hard money" contributions. This rule will not apply to the current campaign.
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