Scott Gessler: Bernie Buescher’s new regs for independent contributors don’t affect candidates

Bernie Buescher’s new regulations that say unions and corporations can give to independent political organizations for political electioneering communications don’t directly affect candidates, according to Scott Gessler. He specializes in election law and is running against Buescher for secretary of state. As a result of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, Buescher didn’t have much of a choice but to publish the new temporary regulations, which were released April 4.

“I may have tweaked them here or there, but, generally, I would have done the same,” Gessler said in a phone interview today.

Under state and federal election laws, 

Gessler said, candidates can’t solicit backing or funding from independent groups. If candidates solicit contributions from unions or corporations or independent groups that they fund, “It effectively becomes a coordination of efforts and falls into the category of an illegal direct contribution to a candidate,” he said.

“The candidates have pretty much lost control of their races. The independent groups have control,” he said.

Buescher has scheduled hearings on the temporary regs for May 18. Gessler doubts that a whole lot of changes would come out of those hearings because the new regulations are “relatively uncontroversial” under Citizens United, he said. 

Commenting is not available in this channel entry.

<< Back to main