
278 I CHAPTER 11
Steve Forbes in the 1995–1996 election cycle, followed by Ross Perot
with $8.2 million. As Scott Fitzgerald said, “The super-rich are different
from you and me. They can become U.S. Senators.”
32
Soft Money and 527s. 527s, the new outlet for soft money, ac
-
counted for a slightly higher source of spending in the 2004 elections,
$386 million, than PACs with $384 million, as shown in Box 11.1.
33
Soft
money refers to unregulated donations to political parties by individu
-
als, corporations, and unions. The use of soft money in federal cam
-
paigns has been a highly controversial issue because its rising use
circumvented the goals of campaign finance laws, one of which was to
remove the influence of “big money.” However, as soft money contribu
-
tions to national parties in the 2002 election cycle shows, 724 organiza
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tions gave $100,000 or more. Thirteen gave $3 million or more, with
Saban Capital Group leading the list with $9.3 million. Eight gave $2
million or more, with government-sensitive companies Philip Morris
giving $2.9 million and Microsoft giving $2.7 million.
34
Soft money was intended to be used for supposedly generic party-
building activities, such as get-out-the-vote drives, bumper stickers,
yard signs, and generic TV ads that say “Vote Democratic” or “Vote Re-
publican.” Such donations, which the Supreme Court in its 1976 Buckley
v. Valeo ruling declared legal,
35
had no limit, in contrast to hard money.
The only conditions that had to be met were those of not coordinating
efforts with a candidate and not constructing a political message that
refers to a particular candidate. The Republican and Democratic na-
tional party committees, however, learned to circumvent these restric-
tions. They financed television ad campaigns that attacked or promoted
congressional candidates by name, rationalizing that the law was not
broken because the ads were “issue ads” that did not explicitly say “vote
for” or “vote against” a particular candidate. In practice, therefore, soft
money was often used to benefit specific federal candidates, thus becom
-
ing a major vehicle for skirting the limitations and restrictions of federal
law, says the Center for Responsive Politics.
36
In the 1996 elections, the record growth of soft money contributions
became the big story and led to sharp criticism from several sources:
• Fred Wertheimer, former president of Common Cause, said,
“This past election will go down as the worst in modern times, if not
in our history as a nation.”
37
He asserted that a record-shattering
$200 million in contributions were made outside the federal law. Al
-
though saying most of it came from business interests, he also at
-
tacked the AFL-CIO for running its $20-million-plus television and
radio ad campaign with the stated purpose of defeating Republicans
in selected House districts.
38
Donald J. Simon, executive vice-presi
-
dent of Common Cause, said, “There’s complete lawlessness out
there.”
39
“A new country club has taken root: a club of wealthy, high