When special interests attack

Oftentimes, when special interest groups attack, it’s vicious, without warning and leaves a candidate no time to respond. It comes like a ton of bricks often resulting in the defeat of the candidate unlucky enough to be the victim.

These attacks typically come from electioneering communication organizations, or ECOs – shadowy third party groups who can accept unlimited contribution amounts, usually from corporate special interests, and attack candidates just days before Election Day. The attacks are more often than not stretches of the truth if not outright lies. The weapon of choice can be political mail, TV commercials, and even attack websites.

ECOs are also called 527s because of their status given in the IRS code, meaning they don’t have to report their contributions to the state of Florida. Their donors still become public after being reported to the IRS, though this is normally well after Election Day. Thus, the power of ECOs comes from their ability to raise vast sums of corporate money and send attacks that make it hard for voters to tell who is behind them.  Estimates show that these groups spent more than $16 million in last fall’s election in Florida, but they have also played a major role over the previous few election cycles.

To really see the impact, there is no need to look further than the lawsuit recently filed by 2008 state Senate candidate Tim Ryan against an ECO innocuously named the People for a Better Florida Fund Inc. Their last minute attack on Ryan included mailers accusing him of a shady land deal where taxpayers overpaid for land his family owned. All in all, the groups spent almost $700,000, most of which came from the Florida Medical Association, running television ads and sending mailings.

It’s quite possible the mailers worked because Ryan, who said the attack is false, came in last in the three-way primary. In emails that have become part of the lawsuit, one of the consultants clearly demonstrated the intent of the attack: “Ryan is moving forward and we appear to have stalled. But that is about to change. … A few well-placed attack ads should stop him in his tracks.”

According to Ryan, the People for a Better Florida Fund Inc. lied to keep him out of the state Senate and that he is “taking this step (the lawsuit) because it’s the only way to hold these outside special interest groups accountable. (These groups) hijack the public process by spreading half-truths and sometimes just plain lies about people running for office.” The case will be the one of the first of its kind and the outcome will indeed have an impact on many Florida races in the future.

Unfortunately, it looks like shadowy groups and last minute attacks are here to stay in Florida politics. The Legislature passed a bill regulating the groups by requiring them to report donors to the state before Election Day; however, it was overturned in federal court for being unconstitutional and limiting free speech. Until reform is passed again, huge corporations and their associations will be able to secretly bank roll last minute attacks to elect the candidates that are beholden to them.

The above case is one of many, so I’ve included some other informative articles below. Let me know of other examples, as well as your thoughts, in the comments.

Move over Hillary, here’s Bundy
Miami Herald Naked Politics Blog, July 31, 2006

Experts at the attack
St. Pete Times, July 22, 2007

State agency rejects 2004 elections complaint
St. Pete Times, September 5, 2007

A dangerous campaign loophole, or healthy free speech?
St. Pete Times, July 2, 2009

Spending on political consultants in Florida skyrockets
Orlando Sentinel, July 22, 2009

Fla. Lets Stand Costly Court Ruling
The Ledger, July 26, 2009

Court documents raise questions whether state Sen. Eleanor Sobel secretly coordinated campaign
Sun-Sentinel, July 30, 2009

Eleanor Sobel’s Senate campaign linked to attack ads
Miami Herald, July 30, 2009

Hollywood ophthalmologist fought hard for Sobel’s Senate victory
Sun-Sentinel Broward Politics Blog, July 30, 2009