Campaign-finance watchdog groups are standing up in favor of Washington's disclosure law in court. Facebook parent company Meta has challenged the constitutionality of the state's disclosure law, which requires ad sellers to keep records of how much buyers paid and who the ad targeted. Meta has called the law burdensome on free speech and nearly impossible to comply with.
Tara Malloy, senior director for appellate litigation and strategy with Campaign Legal Center, said her organization and other election oversight groups have filed a brief weighing in favor of Washington's disclosure law.
"To discuss the huge public interest in electoral-disclosure laws like Washington and to outline the many challenges that the move to online political advertising has begun to pose for democratic discourse and voting in elections," she explained.
In 2022, Washington state filed a $25-million penalty against Meta for more than 800 violations of the campaign transparency law. The law has been on the state's books since 1972. Meta did not respond to a request for comment.
While Meta has argued the law is burdensome, there is evidence that may not be the case, Malloy said.
"The state trial court took a look at the record and said actually, you know, Meta collects all this information that it claims is so voluminous and burdensome anyway in the ordinary course of its business," she continued. "It just doesn't want to turn over the information."
Malloy added the campaign disclosure law shines a light on the basic information voters need to cast a meaningful ballot, and that it can be very hard to assess an ad when it's coming from an anonymous source.
"Time after time, we see that if voters know who is funding the ad - they know that the NRA is funding the ad as opposed to the Environmental Protection Fund - they are very, very able to better assess the credibility and biases of the speaker of the advertising," Malloy said.
Meta's challenge to the law is currently before a Washington state appeals court.
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Ohio's U.S. Senate race between the incumbent, Sen. Sherrod Brown, D-Ohio, and Republican Bernie Moreno has become one of the most expensive in American history, now totaling more than $400 million.
At the heart of the high-stakes election is the role of cryptocurrency. Its backers' financial influence has ignited debate over regulation and transparency. Both sides have been vocal on what it could mean, not only for Ohioans but for the future of cryptocurrency regulation across the country.
Mark Hays, senior policy analyst at Americans for Financial Reform and the advocacy group Demand Progress, shared his skepticism about the money flowing from the crypto sector.
"The money that's being spent is an effort to punish those politicians for trying to maintain strong regulatory standards," Hays explained.
Moreno has gained substantial backing from the Defend American Jobs super PAC, a group aligned with pro-crypto interests. This PAC has launched a $41 million ad campaign promoting him. Hays argued it is all part of a broader push for lenient crypto regulations in Congress, which Brown strongly opposes.
At a campaign stop in Columbus on Monday, Moreno defended the support from crypto backers, stating, "The reason they supported me is because they agree with me, not because I agree with them." He also addressed questions about his personal connection to cryptocurrency.
"I sold my Bitcoin, so I didn't want to have any nonsense from liberal reporters saying that I'm pro-crypto because of financial interest," Moreno asserted. "And the crypto community understands that this election is an existential threat to their existence here in America."
Brown, who chairs the Senate Banking Committee, has been a key figure in Congress advocating for strong regulatory oversight of the crypto industry. He has not shied away from addressing what he sees as significant risks posed by digital assets.
"The fraud, the scams and the outright theft; you can lose big in crypto's huge price swings," Brown pointed out. "They didn't tell you about the high fees pocketed by the crypto companies. Without regulation, stablecoins can endanger our economy, our payment system, our hard-earned money."
With control of a Senate seat in play and unprecedented levels of funding, Ohio voters are seeing firsthand how digital currency backers can shape political discourse.
Disclosure: Americans for Financial Reform contributes to our fund for reporting on Budget Policy and Priorities, Campaign Finance Reform/Money in Pol, and Social Justice. If you would like to help support news in the public interest,
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Election Day is inching closer and the battleground state of Wisconsin will see more visits from the two main party presidential campaigns.
It was also the setting of a forum featuring a popular historian linking past events to the current debate over democracy.
Doris Kearns Goodwin, the renowned presidential historian, was the featured guest earlier this week at a discussion in suburban Milwaukee hosted by the United to Preserve initiative. When asked about present-day divisions and how they compare with similar turmoil in U.S. history, Goodwin pointed to the Industrial Revolution, noting it had the same effect on society as today's tech boom has.
"Globalization and the tech revolution have shaken up the economy, much as the Industrial Revolution did at the turn of the 20th century," Goodwin explained. "Think of what we went through then: It was the first time, really, that there was a gap between the rich and the poor, the first time, really, that people were from moving from the farms into the cities in record numbers."
She pointed out it fueled resentment among smaller communities, paving the way for an urban/rural divide seen today. Goodwin noted it took leaders such as former President Teddy Roosevelt, who had dealt with adversity in his own life, to channel that reflection and moderate his tone in a way that resonated with Americans from all kinds of backgrounds.
Goodwin said down the road, Lyndon Johnson had a heart attack while serving as a U.S. Senator. She said recovering from the medical scare inspired him to balance the quest for power with the need to serve the people.
"All of a sudden, one day, he just woke up and he said, 'Get me shaved, I'm ready to be back.' And he (a staffer) said, 'Well, what happened?' And he (Johnson) said, 'Well, I was lying here thinking what if I died now, what would I be remembered for? I have accumulated a lot of power, I've accumulated wealth, but have I really done something to make a difference in people's lives?'" Goodwin recounted.
Goodwin emphasized Johnson then became laser focused on advancing civil rights policy, even when the odds were stacked against him while serving as president. She noted it does not mean there weren't hard lessons learned along the way, with Johnson known for sometimes yelling at colleagues in humiliating fashion and regretting it the next day. Conversely, she pointed out Abraham Lincoln would write out a letter in anger but would set it aside and never have it delivered to the recipient, with it serving as a "cooling off" tool.
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As cryptocurrency becomes more prevalent, it's also making its way into the political arena. With millions of dollars being funneled into campaigns across the country, including here in Ohio, questions are arising about the impact this new wave of funding will have on elections - and, more importantly, what it means for voters.
Mark Hays, a senior policy analyst in financial technology with Americans for Financial Reform, said it's important for Ohioans and everyone across the country to be aware of the money's origination.
"There's a small group of wealthy individuals tied to the crypto industry pouring unprecedented amounts of money into campaign spending to dictate a particular policy outcome that will help them to continue to profit from scammy and predatory practices," he cautioned.
Hays highlighted concerns that the influx of crypto money could sway political decisions to favor industry players. The FBI recently reported more than $4 billion lost in crypto-related scams in 2023 alone. Meanwhile, proponents of cryptocurrency argue it is a valuable tool for economic growth, suggesting that it could help modernize financial systems. However, critics warn that the current push for less regulation might leave consumers vulnerable to fraud and financial instability.
On the other side of the conversation, supporters of cryptocurrency see potential benefits, but some in Ohio are voicing concerns about the influence of large crypto donors on local elections.
Melissa Cropper, Ohio Federation of Teachers president, offered another perspective.
"Why are the cryptocurrency people pouring money into this election? Are they pouring money into the election because they want to make sure that the business stays unregulated? And if that's the case, that's not what we want here in Ohio," she questioned.
As more money from the crypto industry pours into Ohio's elections, the debate over how to regulate this relatively new technology intensifies. Proponents point to the potential for job creation and financial innovation, while critics worry that Ohioans may end up paying the price if regulations are weakened. With $174 million already spent nationally on the 2024 elections by the crypto industry, Ohio remains a key battleground in this debate.
Disclosure: Americans for Financial Reform contributes to our fund for reporting on Budget Policy & Priorities, Campaign Finance Reform/Money in Pol, Social Justice. If you would like to help support news in the public interest,
click here.
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