We might be forced to concede that rumors of the Independence Institute’s demise have been somewhat exaggerated. Though we’re not quite sure what this portends for the future of campaign finance law, we present to you a ‘vindicated’ Jon Caldara, as reported this weekend in the Rocky Mountain News:
An administrative law judge ruled Friday that the Independence Institute does not have to disclose who gave it money to fight Referendum C, prompting a bittersweet “I told you so” from think tank president Jon Caldara…
Said Caldara: “Give it a break. As my attorney said, ‘It’s a goddamn home run.’ ”
For months, Ref C supporters, including GOP Gov. Bill Owens, hammered Caldara for refusing to reveal his donors.
And for months, Caldara argued that the Independence Institute legally was not required to release that information because it’s not an issue committee.
Issue committees, under state law, are formed to push for the passage or defeat of a ballot measure.
They are required to report contributions and expenditures.
Judge Michelle Norcross sided with Caldara, ruling the Independence Institute was not an issue committee and its primary mission was not Refs C and D.
“The institute . . . aired these ads as part of its educational efforts to inform Colorado voters about the dangers of Referenda C and D,” she wrote.
Norcross added that if the institute had been required to report its donors, “the same standard could be applied to a myriad of other similarly situated groups, ranging from the Children’s Campaign to Bell Policy Institute to the Red Cross, simply by undertaking efforts to support or oppose ballot issues or questions,” she said.
Grueskin responded that those groups did not spend thousands of dollars on ads late in the campaign, as the Independence Institute did.
We doubt the Yes camp will appeal. Frankly, this opens up a whole new world of soft money in Colorado politics, and we expect to see everybody, right and left, taking maximum advantage of this laissez-faire precedent. What better political donation can there possibly be than an anonymous, tax-exempt one?
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Caldara is the worst kind of political opportunist: he seeks to further his own coverage and perceived relevance. Political masturbation while others look on, if you will.
The funny thing about this is that it was the Republicans who were crying last time; this time they are using the same loop holes that the “Big Four” used in the 2004 race. Now can anyone not tell me what big name groups will not be pouring a lot of money into the game next time? Can we have the far right and left further divide the country? I wonder where Common Cause or whoever that has cried foul will take this one; that is a big “if”.
I wonder what this means when the marriage amendment comes up next year….
I am very concerned about this decision. Although it does not set precedence as the State Supreme Court already has done that in similar cases and with the opposite outcome. However, I am afraid that campaigns across the political spectrum will use this case as an excuse to hide their donors.
BTW, this decision is in complete disagreement with the law as written so I assume the plaintiffs in the case will appeal, if for no other reason than to prevent this from being a “false precedent”.
Thanks Dan, good post. It can’t and won’t stand the test of the courts. Like evrything else from this ilk, “A home run” is a lie.
Would “Touchdown” be better?
Voyageur’s analogy is closest. This particular judge seems to have totally ignored the language of the statutes as written as well as precendent that has been set by the Colorado Supreme Court since the mid-1990’s.
Floyd:
You’re a disgusting pig!!!
Floyd thinks politics is all about sex – not money. Or should I call you “Freud”.
However, by engaging in political advocacy, Caldara may have endangered the Independence Institute’s 501(c)(3) not-for profit status.
Joe-
501c3’s are allowed to work on campaigns, just not candidates.
Then there’s the fact that by hacking off Greg Stevinson, Caldara may have ended the free ride his lobbying group gets in Stevinson’s development. Good lord, the champion of free markets might actually have to deal with them!
Still think it’s more of a crime that 90% of someone’s funding is taxes yet they aren’t a government entity, and they can advocate a no or yes on a issue. Charity comes in the form of your tax bill these days, with a little arm twist to go with it.
Well, here’s just the I told you so…
And, for those who are interested, this is the same judge who ruled that there was no coordination between the teachers’ unions and Bob Bacon, even when presented with evidence of Sen. Bacon deliver speeches to crowds of union members from the back of a truck immediately before they delivered 30,000 pieces of HIS literature.
I guess each side gets a win…
Well, here’s just the I told you so…
And, for those who are interested, this is the same judge who ruled that there was no coordination between the teachers’ unions and Bob Bacon, even when presented with evidence of Sen. Bacon deliver speeches to crowds of union members from the back of a truck immediately before they delivered 30,000 pieces of HIS literature.
I guess each side gets a win…