The Federal Election Commission forbids direct coordination between campaigns and super PACs, lest candidates effectively rely almost entirely on the huge, unlimited donations of a small number of billionaires. But in 2016, the groups are aggressively exploiting gray areas and loopholes in the rules, few of which the commission – deadlocked with its three Republican and three Democratic members – has hastened to close.Oh, those terrible deadlocks. Now, what is this loophole that the Commission is allowing to exist?
Candidates and super PACs are free to coordinate their plans if the information is shared in public view.... posting video on YouTube, and... signal[ing] a preference for positive advertising [on] Twitter...
Mrs. Fiorina and other candidates... have taken it a step further: making available advance travel schedules.... Under the rules, Mrs. Fiorina’s super PAC... could not even call her campaign staff members to see where and when she is headed next. But Mrs. Fiorina has cleverly sidestepped that prohibition: Her campaign has created a public Google calendar, which it updates weeks into the future, showing the events she has planned.Putting video on YouTube, tweeting about the kind of message you want to get out, and having an on-line calendar of upcoming events... that counts as "clever"? I guess "cleverly" bolsters the characterization of the permissibility of this speech as a "loophole" in the campaign finance law. But it's simple, obvious free speech from the candidate. I don't see how the Commission could change this or why we should feel that it should change.
The Times has a quote from campaign finance lawyer: “Essentially, it inoculates a case of coordination by making it public.” Like there's a real disease here. Inoculates.
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