State committee rejects bill to illuminate 'dark money' roots

Advocacy group predicts measure would discourage political giving

A state House committee on Wednesday rejected legislation aimed at requiring the naming of contributors by groups spending "dark money" on political ads intended to influence votes for or against candidates for elected offices.

Dark money refers to political ad-buying funds from contributors whose names aren't disclosed because their contributions aren't made directly to a candidate. Candidates must report their contribution sources and their expenses.

In a voice vote, the House State Agencies and Governmental Affairs Committee balked at recommending approval of House Bill 1005 by Rep. Clarke Tucker, D-Little Rock.

Tucker said Arkansans have no idea about the sources of "dark money" that paid for about $600,000 in TV ads in one state Supreme Court race and about $500,000 in TV ads in another race in 2016.

"I can promise you these organizations that are spending upwards of a half-million dollars have an agenda, and that's OK if you have an agenda. That's why people support candidates for office," he told the House committee. "If you think transparency is good for candidates and independent expenditures, then I believe you also have to believe that transparency is good for these situations."

The campaigns of Supreme Court Justice Courtney Goodson and Little Rock attorney Clark Mason each outspent their respective opponents' campaigns on TV advertisements. But that spending was dwarfed by the amount spent by outside groups on ads targeting Goodson and Mason. Both lost their campaigns, though Goodson, who was running for chief justice, remains on the court in her current position as a justice.

David Ray, state director for the Americans for Prosperity group, told the House committee that the bill would have "a chilling effect on political speech [and discourage] many from making their voice heard in the policy arenas that affect each and every one us in the state of Arkansas.

"This bill would trigger reporting mandates both 501(c)3 and 501(c)4 organizations which include groups like the National Rifle Association, NAACP, ACLU, Right to Life [and] Family Council," he warned.

Tucker countered, "It is not my intent to chill any speech. It is just to make the sources of those advertisements known to the public." The Arkansas Bar Association and Judicial Discipline and Disability Commission support the bill as its relates to judicial elections, he said.

HB1505 would require any group spending more than $1,000 on TV, radio, newspaper, direct mail, electronic mail, telephone, newspaper or other print media advertisements in a calendar year in a single race to disclose the names and addresses of its contributors.

If the group or individual gives through a bank account dedicated to political ad buys, then the contributor must disclose those who gave $100 or more to the account that year. If the group does not have a dedicated account, then it must disclose donors who gave at least $250.

A Section on 03/09/2017

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