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Cuomo Signs Law Combating 'Dark Money' In Politics

Gov. Andrew Cuomo signed into law this week a measure that aims to kick “dark money” out of politics.

Gov. Andrew M. Cuomo signed into law this week an ethics measure he said would help take the "dark money" out of politics.

Gov. Andrew M. Cuomo signed into law this week an ethics measure he said would help take the "dark money" out of politics.

Photo Credit: File

The legislation, which the governor said was the first in the nation, targets the effects of the 2010 Supreme Court decision in the Citizens United vs. Federal Election Commission case.

That 5-4 decision, which struck down a 2002 campaign reform act, found corporations are people with equal free speech rights. This reportedly let wealthy donors ratchet up campaign spending through so-called “independent expenditure” groups backing or opposing particular candidates.

An “independent expenditure” is a political campaign communication that advocates for the election or defeat of a candidate that was made without that person’s, or that person’s political action committee’s, consent, cooperation or coordination.

In 2008, Citizens United, a conservative nonprofit, had wanted to release a documentary critical of Chappaqua’s Hillary Clinton, then a U.S. senator who was seeking the Democratic nod for president, and to air spots on television promoting the film.

At the time, that would have been a violation of a 2002 measure, commonly known as the McCain–Feingold Act, which prohibited broadcast, cable, or satellite communications targeting a particular candidate within 60 days of a general election or 30 days of a primary. It also prohibited such expenditures by corporations and unions.

The 2010 Supreme Court decision was pounced on by fair voting rights groups, such as the League of Women Voters. The Westport, Conn. arm of the national organization said, in a recent communication, that the Citizens United decision had “unleashed powerful corporate and individual money into our political process. … Our democracy is in danger as our nation moves toward an oligarchy dominated by a rich and powerful elite.”

Cuomo said Tuesday the new law throws a monkey wrench into the dealings of such political entities by making it illegal to coordinate with the candidates they are supporting. Political consultants and lobbyists are now required to register with the state and to reveal their clients, the governor said.

The law also increases penalties for lobbying violations.

The legislation expressly identifies which activities constitute prohibited "coordination," and strictly prohibits it in “egregious scenarios,” such as the "independent" spender being an immediate family member of the candidate, Cuomo said.

It also targets more “subtle scenarios,” such as the dissemination of a candidate's campaign material by so-called "independent" groups, he said.

Calling on the rest of the nation to follow New York’s lead, Cuomo said the state stepped up in order to “restore the people’s faith in government.”

Not only will the new ethics rules “increase accountability and transparency in the electoral process,” they will “root out bad actors and shine a spotlight on the sordid influence of dark money in politics,” he said.

“With this legislation, New York is raising the bar once again – and now it’s time for the rest of the nation to follow suit,” Cuomo added.

Not everyone had good things to say about the new law, according to a report by newsday.com.

Newsday.com reported government watchdogs, such as Common Cause and the New York Public Interest Research Group, opposed the measure, saying it was too broad, would affect nonprofits more than unscrupulous politicians and probably wouldn’t stand up to a challenge in federal court.

They said it also turned the public’s attention away from the real reasons behind recent political scandals in Albany, according to newsday.com.

To read the full newsday.com story, click here.

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