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August 01, 2009 12:39 AM UTC

Polis-Markey connection illustrates how wealthy can get around campaign finance limits

  • 8 Comments
  • by: BobMoore

( – promoted by Colorado Pols)

IMPORTANT UPDATE:

See the note from ThillyWabbit in the comments below. It looks like I made a mistake by reading the campaign finance reports too literally. What appear to be separate contributions to the Jared Polis Victory Fund and the Markey and Maffei campaigns are, in reality, all from one originating contribution to JPVF. The money is then allocated on a proportional basis to the participating campaigns, up to the maximum $4,800 allowed by law.

In other words, nothing to see here, other than the inherent confusion in federal campaign finance law. I appreciate ThillyWabbit directing me to clarifying documents.

Here’s a link to a new Coloradoan blog, where I hope I do a better job of explaining this:  http://tr.im/v5FE

My original (inaccurate) diary follows:

Campaign-finance reform always spawns creative methods of getting around attempts to limit contributions. One example after McCain-Feingold was the explosion of joint fundraising committees.

The Denver Post had a good article earlier this week on the Jared Polis Victory Fund, which you can see here:

http://www.denverpost.com/nati…

The Victory Fund filed its report with the FEC today, and the donor list serves as a reminder of how wealthy donors can legally get around campaign finance limits.

The Victory Fund’s two biggest expenditures went to Betsy Markey in Colorado and Dan Maffei in New York, $20,000 each. Another 26 Democratic incumbents got $1,000 to $3,000 each.

The Victory Fund’s three biggest donors were Polis’ mother, Susan Schutz, $68,600; her husband, Stephen Schutz, $71,000; and Polis’ sister, Jordanna Schutz, $50,000. The congressman’s brother, Jorian Schutz, gave $14,400. Those four account for 85 percent of the contributions to the Jared Polis Victory Fund. Put another way, those four funded $17,000 of the $20,000 that the Jared Polis Victory Fund gave to the Markey campaign.

Dig into FEC records and you’ll find that all four of the Schutzes are max donors to Markey, having given the $4,800 each allowed by federal law, for a combined total of $19,200. But by donating money to the Jared Polis Victory Fund, which in turn donated money to Markey, the Schutz family has effectively given almost twice the legal limit to the Markey campaign.

The timing also is interesting. Three of the Schutzes made their contributions to the JPVF on June 26, with Joriann’s contribution coming three days later. The $20,000 JPVF contribution to Markey was made on June 26. The four Schutzes then made their $4,800 max contributions to Markey on June 29.

(All of the above also applies to Maffei, the other big recipient of JPVF money. All four Schutzes are max donors to his campaign, giving their $4,800 each on June 26 or 28. The $20,000 JPVF contribution to Maffei came on June 30.)

This is all perfectly legal, and it’s repeated by wealthy Republican and Democratic donors across the country. But it’s interesting to watch it play out on a local level.

For links and some other details, see my Coloradoan blog here: http://tr.im/uX2i

Comments

8 thoughts on “Polis-Markey connection illustrates how wealthy can get around campaign finance limits

  1. I guess all I have to say is that anyone can make one of these funds. Is it a shocker that Jared is using the wealth his family made to help protect democrats?

    I applaud Jared for doing everything he can to help Democrats across the US by still fundraising even if he does not need to do so in a safe seat.

    I wish the other dems in Colorado’s House would do the same…

    Andy Szekeres

    1. Here’s a passage from a Wall Street Journal article linked on my Coloradoan blog:

      “During the 2008 election cycle so far, candidates and political parties raised $415 million through joint fund-raising accounts, according to data compiled by the nonpartisan CQ MoneyLine. That is nearly triple the $111 million donated to such funds during the 2004 presidential-campaign cycle.”

      Today is the deadline for the first filing by joint fundraising committees for the 2010 cycle, so I don’t yet have an estimate on how much money is flowing in that direction this cycle. It obviously will be less than 2008 because it’s a non-presidential year.

  2. Joint fundraising committees have to pass through the contributions whole, or they have to be split by a set percentage, but in either case a memo line appears on the report breaking down the money by individual which applies towards the individual limit per candidate. This is where it looks like a double contribution but it’s not. It’s a peculiarity caused because the FEC reports are about disclosure, not accounting. The recipient committee has to ensure that the disbursement doesn’t cause an individual to exceed his or her individual limit.

    In addition, there is a federal maximum that any individual can contribute in a cycle to all PACs, parties, and candidate committees.

    Read more on page 133 (Appendix C; Joint Fundraising) here:

    http://fec.gov/pdf/candgui.pdf

    1. Thilly, I think I understand this better now. All of the money from the Schutzes went to the JPVF, then was also listed on each participating candidate’s contribution report based on the formula, up to the max. Thank you for the clarification. I’ll also update this diary to make it clear.

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