September 18, 2018

Super PACs Spend Big In High-Stakes Midterms

Super PACs funded by some of the nation's richest people are pouring tens of millions of dollars into the midterm elections, outpacing even the party committees that were once the biggest spenders in the field.

The 10 largest outside groups not tied to a particular candidate have already spent more than $150 million on so-called independent expenditures, money that pays for advertising on television or online, paid canvassers, polling research or mailers.

By contrast, the Democratic and Republican congressional and senatorial campaign committees — traditionally the largest players in the outside spending space — have spent a combined $57 million on independent expenditures so far this year.

Those numbers will grow as Election Day approaches, but the prominent role by outside groups technically unaffiliated with political parties highlights a significant evolution in American politics.

The big spending by outside groups that are not authorized by any particular candidate has grown exponentially in recent years, after the Supreme Court ruled in 2010, in Citizens United v. Federal Election Commission (FEC), that the First Amendment prohibited restrictions on some spending by corporations and labor unions. 

Since that ruling, and several FEC advisory opinions that followed which clarified how those spenders could weigh in on politics, groups dedicated to spending millions of dollars for or against one party's candidates have flourished.

"Organizations have emerged and matured, donors have become more savvy and selective, creating an ever-growing ensemble of organizations on the right and the left that are injecting more revenue into the political discourse," said Brian Walsh, a Republican strategist who runs America First Policies, a group that backs up President Trump's agenda.

...

Walsh, the Republican strategist, said that acceptance is evident in the groups that sprouted up to defend or promote one specific candidate, like Priorities USA backing former President Obama or Restore Our Future backing Mitt Romney. 

And congressional leaders now routinely appear at fundraisers for big outside groups, though they cannot technically be in the room when donors are asked for money that exceeds what they could legally give to a federal campaign.

Walsh and Poersch are signs of the evolving acceptance of outside groups: Walsh is a former top official at the NRCC, and Poersch ran the Democratic Senatorial Campaign Committee for three cycles.

The outside spending, the bulk of which is aimed at attacking a rival candidate, can be freeing to the candidate who benefits. Walsh said he has seen campaigns spend more of their money on positive advertisements or advertisements that directly contrast two candidates, rather than strictly on negative messages that are now left to the outside groups.

"Candidates are better at positive anyway," he said.

This year, groups have spent more than $185 million on U.S. Senate races, and another $171 million on House races.

McCaskill and her rival, Attorney General Josh Hawley (R), have been the biggest targets; outside groups have spent more than $27 million in Missouri. 

Senate races in Wisconsin, Florida and West Virginia have all attracted more than $18 million in spending. Contests in Montana, Nevada and Indiana have seen $13 million in outside spending, and the race for an open seat in Arizona has cost outside groups more than $11 million.

It is unlikely that either the Supreme Court or Congress will take steps to rein in outside political spending, barring a scandal or crisis like those that led to the last major overhaul, known as McCain-Feingold. 

The outside spending "has been moving like this for a long time," Poersch said. "It'll be hard for the genie to get back in the bottle."

Click here to read more