Mailboxes and airwaves are alive with ads pushing for and against specific candidates.
But even though transparency in campaigns is supposed to be a core tenet, you only get to know who is financing the efforts on some of them.
That’s because nonprofit organizations run by shadowy people and funded in darkness are running many of the ads. That’s different than if a candidate’s committee or political action committee does the same thing. Funders of the latter are public and open to examination.
But the donors of nonprofits are shielded, meaning voters can’t make direct links between people or companies seeking to curry favor with the candidates they are helping. That’s why they are often called dark-money groups.
Under the Internal Revenue Code, all section 501(c)(3) organizations are “absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.”
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Specifically, the IRS website says certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity.
“On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.”
But that is not being honored in practice.
Some nonprofits are doing it right. For instance, in Allen County the nonprofit Greater Fort Wayne has run ads to support a casino in the city. This clearly targets an issue and not a candidate.
Another one is probably closer to the line. Last year a Michigan nonprofit called Building A Better Economy ran ads in November and December targeting individual Indiana Senate Republicans and telling them “not to betray President Trump.” The group is linked to Michigan House Speaker Matt Hall, according to the Detroit News.
But at least those came at a time when the issue was being debated and voted on — not during a campaign season.
That is not what’s happening with Hoosier Leadership for America.
The secretive group, which organized a pro-redistricting event featuring U.S. Sen. Jim Banks in Noblesville in September, is registered with the IRS as a nonprofit organization based out of a single-family home on Fort Wayne’s northeast side.
It has purchased radio and television time to run attack ads against Fort Wayne Republican Sen. Liz Brown — a former colleague Banks has personally denounced.
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Five senators seeking reelection are also targeted in ads from the group seen by the Indiana Capital Chronicle: Jim Buck of Kokomo, Spencer Deery of West Lafayette, Greg Goode of Terre Haute, Travis Holdman of Markle and Greg Walker of Columbus.
Yes, the ads mention issues — from votes on gas taxes to immigration, redistricting, property taxes and constitutional carry. And they don’t urge anyone to vote for or against a candidate.
But let’s be clear, they are, in their most fundamental form, attacks on a candidate during an active primary race. How can they not be covered by campaign finance laws?
One mailer says “Call liberal Liz Brown … tell her support House-passed conservative policies. Vote like a Republican not like a far left Democrat.”
Another targets Goode, saying “Tell Greg Goode he’s voting like a bad guy and that he’s forgotten about us.”
Nonprofits have been slowly wading into politics for years. But the latest ads have crossed the line from education to actively supporting candidates and trying to sway elections. Hoosiers deserve to know who is funding these attacks, which are undermining the entire campaign finance system.
I have no problem with calling out incumbents or candidates on their votes or positions. That is fair game. But don’t hide — tell us who you are and where your money is coming from.
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