Letter to Neil Eggleston, Counsel to the President - Disclose Dark Money in Politics

Letter

Dear Mr. Eggleston,

We write to urge you to implement an executive order requiring disclosure of political spending by government contractors.

The President has recognized that congressional gridlock has made advancing some of the nation's most important priorities impossible, which is why we applaud his willingness to take executive action on critical issues like climate change and immigration. In our view, campaign finance disclosure is another issue that demands immediate action to restore the public's faith in our democracy.

January 21, 2015 marked the fifth anniversary of the Supreme Court's fateful decision in Citizens United v. FEC. A premise of Citizens United was that unlimited corporate expenditures would not corrupt the political process because there would be a regime of "effective disclosure" that would "provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters."

That regime of "effective disclosure" has completely broken down. Special interests can spend tens and even hundreds of millions of dollars on elections with no public knowledge and no accountability. In the 2014 midterm elections, The Washington Post reported that at least 31 percent of all independent spending in the 2014 elections was spent by groups that are not required to disclose their donors. And that doesn't even include spending on so-called "issue ads," which are not reported.

Further, we write to you today on the anniversary of the McCutcheon decision, which also increased the flood of money in elections. Political spending by government contractors is a problem the President can address without congressional authorization. The President would be on solid legal ground if he were to issue an executive order requiring disclosure of political spending by entities that have been awarded government contracts and their senior leadership. The order could also take into account transfers to and from shell corporations and non-profits, to prevent evading disclosure requirements.

An executive order will not solve our campaign finance problems but it will at least be a step in the right direction, and will show this Administration's commitment to transparency and fairness.

Thank you very much for your attention to this matter. If you would like further information, please contact Senator Whitehouse or have your staff contact [name of staff member] on his staff.

Sincerely,

Tom Udall
United States Senator

Sheldon Whitehouse
United States Senator

Bernard Sanders
United States Senator

Al Franken
United States Senator

Elizabeth Warren
United States Senator