US politicians exploit loophole to skirt campaign finance rules, study finds

A new study published in Election Law Journal reveals politicians’ widespread exploitation of a loophole to skirt the law barring campaigns from coordinating with outside spending groups.

It’s a strategy that takes place not in smoke-filled rooms or encrypted chats, but out in the open.

Campaigns leave a directive to groups on their public-facing websites describing the kind of targeted advertising that they want, which outside spending groups then use to craft advertisements on their behalf. Around the text on their website is a literal red box – flagging committees to pay attention.

Given its prevalence, examples of the red-boxing are easy to find.

“Voters, especially women over 50 and voters outside Pittsburgh, need to know that they have a choice to make between Bhavini Patel and Summer Lee,” reads a typical example – outlined by a little red box – at the bottom of the “media” page on Democratic candidate Bhavini Patel’s website.

Patel, who is challenging the progressive incumbent Pennsylvania congresswoman Summer Lee in an April 24 primary, establishes a short but specific campaign narrative in her red-boxed statement.

“Bhavini is a principled progressive and lifelong Democrat who will fight for abortion rights and freedom from gun violence.” Lee, on the other hand, “wants to ‘dismantle’ the Democratic party, she undermines President Biden and even wants to ‘abolish’ the police”.

It’s a clear narrative that an outside group could easily turn into a campaign advertisement.

Since the US supreme court ruled in Citizens United v Federal Election Commission in 2010 that corporations and outside groups can lavish unlimited amounts of money on elections, spending has increased dramatically, with wealthy donors pouring money into