W.Va. could be test case of 'Citizens United' decision, analyst says
The race between Democratic Rep. Nick J. Rahall and Republican Elliott "Spike" Maynard could be a national test case of the U.S. Supreme Court's "Citizens United" decision, says a national political analyst.
CHARLESTON, W.Va. -- The race between Democratic Rep. Nick J. Rahall and Republican Elliott "Spike" Maynard could be a national test case of the U.S. Supreme Court's "Citizens United" decision, says a national political analyst.
The 5-4 ruling last January allows corporations, unions and non-profit organizations to spend unlimited funds to back candidates in federal elections.
"West Virginia already has a history of big energy campaign donations in state races," said Larry J. Sabato, director of the University of Virginia's Center for Politics.
It is still too early to tell what the decision's full impact will be, he said.
"Few companies seem willing so far to get too far in front, since this spending would bring a great deal of criticism with it, maybe even from some shareholders," he said. "However, it's been suggested that energy companies may be among the boldest this year in testing the new court-permitted expenditures."
Last month, Roger Nicholson, senior vice president of the Scott Depot-based International Coal Group, sent e-mails to other mining executives suggesting they take advantage of the decision allowing companies or unions to fund independent political committees.
Nicholson's e-mail said he had "discussions" with executives from ICG, Massey Energy, Alliance Resource Partners and Natural Resource Partners about raising money for Maynard, a former state Supreme Court Justice who switched his registration from Democrat to Republican in January.
Rahall received campaign donations from executives at several other coal companies, including: Peabody Energy, Consolidation Coal, Arch Coal and Patriot Coal.
When asked Friday whether ICG has actually formed a committee and raised money for Maynard, company spokesman Ira Gamm declined to comment.
Mik Carpenter, Maynard's campaign manager, did not respond to telephone messages left on Friday and Saturday. Carpenter also did not respond to an e-mail.
Mike Stuart, chairman of West Virginia's Republican Party, did not return a telephone call to his Charleston law offices on Friday.
State Democratic Chairman Larry Puccio said he is not concerned about campaign spending targeting Rahall.
"Any of these groups that desire to put a great deal of money into advertisements trying to sway the outcome of the election must realize an individual like Nick Joe Rahall has performed so well for the citizens of his district that they have learned to trust and respect him," Puccio said. "Some ads on television will not change the commitment citizens have to Congressman Rahall or the commitment Rahall has to his constituents."
Larry Matheney, secretary-treasurer of the West Virginia AFL-CIO, said believes both corporations and unions will spend too much money in the wake of the "Citizens United" decision.
"Money is destroying good public policy," he said. "Those who possess the most money wield the most power. They influence public opinion and convince people to vote against their self-interest."
CHARLESTON, W.Va. -- The race between Democratic Rep. Nick J. Rahall and Republican Elliott "Spike" Maynard could be a national test case of the U.S. Supreme Court's "Citizens United" decision, says a national political analyst.
The 5-4 ruling last January allows corporations, unions and non-profit organizations to spend unlimited funds to back candidates in federal elections.
"West Virginia already has a history of big energy campaign donations in state races," said Larry J. Sabato, director of the University of Virginia's Center for Politics.
It is still too early to tell what the decision's full impact will be, he said.
"Few companies seem willing so far to get too far in front, since this spending would bring a great deal of criticism with it, maybe even from some shareholders," he said. "However, it's been suggested that energy companies may be among the boldest this year in testing the new court-permitted expenditures."
Last month, Roger Nicholson, senior vice president of the Scott Depot-based International Coal Group, sent e-mails to other mining executives suggesting they take advantage of the decision allowing companies or unions to fund independent political committees.
Nicholson's e-mail said he had "discussions" with executives from ICG, Massey Energy, Alliance Resource Partners and Natural Resource Partners about raising money for Maynard, a former state Supreme Court Justice who switched his registration from Democrat to Republican in January.
Rahall received campaign donations from executives at several other coal companies, including: Peabody Energy, Consolidation Coal, Arch Coal and Patriot Coal.
When asked Friday whether ICG has actually formed a committee and raised money for Maynard, company spokesman Ira Gamm declined to comment.
Mik Carpenter, Maynard's campaign manager, did not respond to telephone messages left on Friday and Saturday. Carpenter also did not respond to an e-mail.
Mike Stuart, chairman of West Virginia's Republican Party, did not return a telephone call to his Charleston law offices on Friday.
State Democratic Chairman Larry Puccio said he is not concerned about campaign spending targeting Rahall.
"Any of these groups that desire to put a great deal of money into advertisements trying to sway the outcome of the election must realize an individual like Nick Joe Rahall has performed so well for the citizens of his district that they have learned to trust and respect him," Puccio said. "Some ads on television will not change the commitment citizens have to Congressman Rahall or the commitment Rahall has to his constituents."
Larry Matheney, secretary-treasurer of the West Virginia AFL-CIO, said believes both corporations and unions will spend too much money in the wake of the "Citizens United" decision.
"Money is destroying good public policy," he said. "Those who possess the most money wield the most power. They influence public opinion and convince people to vote against their self-interest."
The controversy over "Citizens United" gained renewed attention recently when some major campaign donations became public.
The New Corp., parent company of Fox News, gave $1 million to the Republican Governors Association.
The Target Corp. gave $150,000 to MN Forward, a Republican-oriented group backing Tom Emmer, running for governor in Minnesota. Best Buy Co., an electronics company, gave another $100,000 to MN Forward.
Pending federal legislation -- called the Democracy is Strengthened by Casting Light on Spending in Elections Act -- would require the immediate disclosure of individuals funding political advertisements.
The DISCLOSE Act, which passed the House of Representatives 219-206 in June, would require every political ad in federal elections to reveal who paid for it.
When one business or organization is the primary funder of an ad, DISCLOSE would require the CEO or head of that group to appear personally in the ad.
Rahall voted in favor of DISCLOSE. Only two House Republicans voted for it -- Reps. Mike Castle, R-Del., and Joseph Cao, R-La. The bill is pending in the Senate, where 60 votes are needed to stop a filibuster.
Matheney said he hopes DISCLOSE is eventually passed.
"I hope to see publicly-financed campaigns for every office, including president of the United States," he said. "When there are true campaign spending limits, more average citizens will run for office and public policies will reflect the interests of the average person."
He added that he also hopes the "publicly financed campaign pilot project" in West Virginia's 2012 Supreme Court races works.
"We hope to see candidates embrace campaign spending limits," he said. "And I hope we never see a another Supreme Court justice bought as we did after 'And for the Sake of the Kids' campaigned for Brent Benjamin in 2004."
In that race, Blankenship spent more than $3 million of his own money -- most of it to fund a 527 group called "And for the Sake of the Kids" -- to help a Republican defeat incumbent Supreme Court Justice Warren McGraw, a Democrat.
Reach Paul J. Nyden at pjny...@wvgazette.com or 304-348-5164.
