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Drudge Retort: The Other Side of the News
Sunday, March 24, 2024

A study published in Election Law Journal reveals politicians' widespread exploitation of a loophole to skirt the law barring campaigns from coordinating with outside spending groups. It's a strategy that takes place not in smoke-filled rooms or encrypted chats, but out in the open.

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Red-boxing' allows candidates to coordinate with outside spending groups, Election Law Journal researchers say

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"Campaigns leave a directive to groups on their public-facing websites describing the kind of targeted advertising that they want, which outside spending groups then use to craft advertisements on their behalf.

Around the text on their website is a literal red box " flagging committees to pay attention."

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"Since the US supreme court ruled in Citizens United v Federal Election Commission in 2010 that corporations and outside groups can lavish unlimited amounts of money on elections, spending has increased dramatically, with wealthy donors pouring money into elections " including state and local ones.

In its ruling on Citizens United, the court added a caveat: groups can spend unlimited funds on elections as long as they are not coordinating directly with the campaign to do so.

To get around that requirement, authors Gabriel Foy-Sutherland and Saurav Ghosh found, at least 240 Senate and House candidates in the 2022 elections cycle employed red-boxing; the strategy was most commonly used in competitive races.

And it pays off " campaigns that engaged in red-boxing earned hundreds of times more dollars in advertising by "independent" groups supporting their candidate.

The Federal Elections Commission has not only declined to prosecute red-boxing cases, it has also practically endorsed the strategy.

In response to a complaint that the 2020 presidential campaign for Pete Buttigieg had violated the rule against coordinating with independent groups by tweeting out a suggested advertisement strategy, FEC commissioners wrote in a memo that "the request or suggestion standard is meant to cover requests to select audiences, not statements to the general public".

In effect, said Foy-Sutherland, campaigns engaging in red-boxing are "outsourcing responsibility" to Super Pacs that "don't face the same kind of regulations on raising and spending money".

The practice is not limited to either party. Foy-Sutherland and Ghosh found that the strategy was deployed in 2022 by Democrats and Republicans alike."

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Both Parties do this, as happens when the rules can be stretched by one side, the other side has to do it to keep up.

But one Party got Citizens United into the Law, while the other has voted to change it.

CU explained:

www.brennancenter.org

#1 | Posted by Corky at 2024-03-23 10:58 PM | Reply

I keep hearing that democracy is in jeopardy with Insurrectionist Fascist criminals running for President hident and using campaign funds to pay his lawyers instead of on advertising, etc. been the biggest problem but, in truth, as evil as Donald Trump is, the flow of money from lobbyists buying our Congress has been nullifying democracy for decades. Between the NRA and AIPAC Congress has been turned into a rubber stamp supporting laws that don't make us safer or control the uses of our dollars given to foreign governments; especially Israel.

#2 | Posted by danni at 2024-03-25 10:57 AM | Reply | Newsworthy 1

The U.S. System of Democracy has become a Kleptocracy with
the Corporations subsuming and overtaking the rights of a
free willed electorate.

#3 | Posted by earthmuse at 2024-03-26 07:03 AM | Reply

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