Flood of Secret Campaign Cash: It’s Not All Citizens United

Anthony Kennedy

The emergence of nonprofits as the leading conduit for anonymous spending in this year’s presidential campaign is often attributed to the Supreme Court’s 2010 Citizens United ruling, which opened the money spigot, allowing corporations and unions to buy ads urging people to vote for or against specific candidates. But a closer look shows that there are several reasons that tens of millions of dollars of secret money are flooding this year’s campaign. Actions — and inaction — by both the Federal Election Commission and the Internal Revenue Service have contributed just as much to the flood of tens of millions of dollars of secret money into the 2012 campaign. Congress did not act on a bill that would have required disclosure after Citizens United and other court rulings opened the door to secret political spending.