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AirTalk

As CA elex watchdog closes ‘dark money’ loophole, are court challenges likely?

WATERLOO, IA - SEPTEMBER 27: Voting booths are set up for early voting at the Black Hawk County Courthouse on September 27, 2012 in Waterloo, Iowa. Early voting starts today in Iowa where in the 2008 election 36 percent of voters cast an early ballot.  (Photo by Scott Olson/Getty Images)
The Fair Political Practices Commission unanimously voted to close what it’s been deemed as a loophole that will now require out-of-state nonprofits to disclose their donors when they oppose or support a ballot measure or candidate through a federal political action committee.
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As CA elex watchdog closes ‘dark money’ loophole, are court challenges likely?

The Fair Political Practices Commission unanimously voted to close what’s been deemed as a loophole that will now require out-of-state nonprofits to disclose their donors when they oppose or support a ballot measure or candidate through a federal political action committee.

The move came in the wake of fines levied against two Arizona nonprofits after they refused to reveal their donors behind two political campaigns, according to the Los Angeles Times.

Several initiatives are expected to appear on the 2016 ballot measure addressing the same issue. One, titled the “Voter’s Right to Know Act” was filed for inclusion this week.

Would the Fair Political Practices Commission rule change be vulnerable to constitutional challenges? How about the slate of initiatives expected in 2016?

Guests:

Kathay Feng, California Common Cause, a nonprofit advocacy organization that supported the rule change and was at the hearing yesterday

Jessica Levinson, professor at Loyola Law School and  President of the L.A. Ethics Commission

Nick Dranias, Research Fellow and Policy Advisor at the nonprofit research organization, The Heartland Institute. He has written extensively on the topic of “dark money” and free speech