CHARLESTON, W.Va. – Clean election watchdogs are defending West Virginia's strong campaign disclosure law against the state attorney general's opinion that could allow a flood of secret political spending.
Attorney General Patrick Morrisey has written that a state law all but prohibiting anonymous political ads is unconstitutional.
Now the Brennan Center for Justice at the New York University School of Law is defending the law.
Daniel Weiner, a senior counsel with the Brennan Center, says Morrisey's opinion could end the requirement that candidates and groups say who they are and take responsibility for their ads.
He says voters need to know who's behind ads on, for example, energy issues.
"Don't West Virginia voters want to know if those ads are paid for by a Silicon Valley billionaire who is opposed to the coal industry versus a local chamber of commerce?" he poses.
Morrisey has argued that the rule could limit free speech by individuals about political issues.
But Weiner warns the rule is needed to protect state races from being overrun by shadowy, anonymous attack ads, which he calls a national problem.
The Brennan Center attorneys shared their views in a letter to the West Virginia Secretary of State.
After coal CEO Don Blankenship tried to swamp legislative races, buying ads in 2006 through his group called And for the Sake of the Kids, state lawmakers passed some of the toughest election disclosure rules in the country.
Weiner says the U.S. Supreme Court has clearly ruled disclosure requirements are constitutional, although the court did away with many limits on political advertising in the 2010 Citizens United decision.
"But it resoundingly affirms the value of transparency – by an 8-to-1 vote,” Weiner stresses. “This law does not prohibit anyone from speaking. It just says they have to identify themselves."
Weiner adds Morrisey's opinion tracks a national effort to allow unlimited election spending by groups like those backed by oil billionaires Charles and David Koch.
He says at a time when people mistrust elections, a move toward anonymous political ads risks adding to the cynical public climate.
"The way out of that is to start to build a more accountable political system,” he states. “And laws like the one in West Virginia help us do that."
As of now, it is unclear whether the state disclosure law will continue to be enforced.
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With fewer than four months before the November general election, Democrats are planning their next move following President Joe Biden's decision to drop out of the 2024 race.
Cal Jillson, professor of political science at Southern Methodist University, said Democrats have two options.
"One of them is a fairly smooth handoff to Vice President Harris because she was already on the ticket," Jillson explained. "But many Democrats are calling for an open competition between Kamala Harris and several other Democrats that might want to step forward."
Jillson noted if Harris is the nominee, she will inherit the campaign money and operation already in place. In a post on the social media platform "X," Biden endorsed Harris to be the nominee for the Democratic Party.
Jillson pointed out Biden's departure from the election could give undecided voters the candidate they have been seeking.
"There's a possibility that a new Democratic nominee could generate a relief rally, not only among Democrats, but perhaps among independents and some alienated Republicans, that there is a different choice than Biden or Trump," Jillson contended.
Jillson stressed if Democrats can pick their nominee in a smooth and graceful manner, the party could recover from the divisive optics of the last several weeks when many in the party called for Biden to step down. He added if Harris is the nominee, she will have to run a strong campaign.
"She ran a very poor presidential nomination campaign herself in 2020, had a lot of trouble holding her staff together and developing her issue position," Jillson recounted. "So, we'll see whether or not she has gained those skills over the last three years."
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California political analysts predict the race for president will tighten since President Joe Biden has dropped out and endorsed Vice President Kamala Harris.
If elected, Harris would be the first Black woman and first person of Asian descent to ascend to the highest office in the land.
Lynn Vavreck, professor of political science at the University of California-Los Angeles, predicted it will re-energize the race on the Democratic side.
"There will be a flood of money coming into whatever the new ticket is likely to be," Vavreck pointed out. "The race will once again tighten to be somewhere around 50/50. That will roll us into the Democratic convention. And from that point forward, it's not that long until early voting starts."
Harris has vowed to "earn and win" the nomination at the Democratic National Convention, which starts in Chicago on August 19. It is unclear if anyone will challenge Harris for the nomination, or whom she might choose as a running mate.
Mark Baldassare, survey director for the Public Policy Institute of California, noted Harris previously served as a U.S. Senator from California, Attorney General of the Golden State, and District Attorney for San Francisco.
"This is somebody who has a long history of public service at the local, state and national levels," Baldassare emphasized. "And of course, spent three years as the vice president, which is very relevant (to) somebody who would step into the Oval Office and become president."
Harris is a strong supporter of abortion rights, voting rights, social justice and environmental causes.
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Over the weekend, while self-isolating and recovering from COVID, President Joe Biden announced he is stepping down as the Democratic candidate in the 2024 election.
Biden officially endorsed Vice President Kamala Harris to become the new Democratic nominee.
Nina Eliasoph, professor of sociology at the University of Southern California, said while the announcement comes amid a tumultuous race, it shows democracy is alive.
"It would've been healthier to have done it earlier but I think if there was a shift, it would actually be really healthy for democracy," Eliasoph explained. "Because it would show that Democrats at least really care about the truth. About what the person who is supposed to be leading the country is like."
Eliasoph pointed out Biden struggled to sell the public on his ability to do the job and his policy wins, which she said eroded confidence in the party and among voters. Biden will finish out his term, which has sparked criticism from Republicans, who said if he is unfit for reelection, he should resign now.
In a statement, Harris said she will work to unite the Democratic Party and the nation, even as some Democrats call for an open nomination process.
Biden's decision to drop out of the race comes as many congressional Democrats publicly called for him to step aside following his shaky performance in last month's debate against former President Donald Trump.
Eliasoph predicted the president likely faced more pressure.
"It's really risky for them -- not personally, necessarily, but for the party -- because if they say he should resign and he doesn't, it looks terrible," Eliasoph stressed. "You can bet on it, that if for every Democrat that's saying publicly he should resign, there's a lot who are saying privately that he should resign."
Eliasoph added her advice to voters would be to show their support for a party this election cycle, rather than the presidential candidate.
"They assemble staffs that put out the legislation," Eliasoph asserted. "That is why those lower-level, 'invisible' people who parties and legislators pick are really the main characters."
Many Democrats are thanking Biden for his years of service to the country and hope his decision will give them a better chance at defeating Trump in November. Republicans said the move will likely be met with legal challenges.
Support for this reporting was provided by The Carnegie Corporation of New York.
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