Judge Overrules FEC’s Support of Anonymous Campaign Donations

 U.S. District Judge Amy Berman Jackson ruled late last week that the Federal Election Commission (FEC) went too far in 2007 when it allowed groups that fund certain election ads to keep their financiers anonymous.

The ruling could have serious ramifications for groups supporting both Republican and Democratic campaigns, such as the Karl Rove-controlled Crossroads GPS and the President Barack Obama-friendly Priorities USA Action.

These organizations may now have to expose who has donated to them and how much. For Representative Chris Van Hollen (D-Maryland), who sued the FEC over its regulation, that’s a good thing.

“This is good news for our democracy and for voters—this victory will compel the FEC to require enhanced disclosures of the funders of campaign-related advertisements,” Van Hollen said in a statement.

In 2010, according to the Center for Responsive Politics, almost 44% of independent campaign spending was contributed by undisclosed donors. As recently as 2006, that figure was 1%.

The Bipartisan Campaign Reform Act of 2002, commonly known as the McCain-Feingold Law after its sponsors, John McCain (R-Arizona) and Russ Feingold (D-Wisconsin), said that all groups that spend more than $10,000 on campaign ads had to file reports with the FEC. In January 2010, the Supreme Court, in the Citizens United case, overturned portions of McCain-Feingold. However, Judge Jackson ruled that the FEC does not have the authority to overrule the section of McCain-Feingold that deals with anonymity.”