IRS Should Bar Dark Money Groups From Funding Political Ads, Lawsuit SaysFebruary 20th, 2013 12:24 pm Kim Barker
by Kim Barker, ProPublica
A former Illinois congressional candidate and a government watchdog organization have teamed up to sue the Internal Revenue Service, claiming the agency should bar dark money groups from funding political ads.
The lawsuit, filed on Tuesday by David Gill, his campaign committee and Citizens for Responsibility and Ethics in Washington (CREW), is the first to challenge how the IRS regulates political spending by social welfare nonprofits, campaign-finance experts say.
As ProPublica has reported, these nonprofits, often called dark money groups because they don’t have to identify their donors, have increasingly become major players in politics since the Supreme Court’s Citizens United ruling in early 2010.
Gill, an emergency room doctor who has advocated for health care reform, including a single-payer plan, was the Democratic candidate for the 13th district in Illinois last year. After a tight race, Gill ended up losing to the Republican candidate by 1,002 votes — a loss the lawsuit blames “largely, if not exclusively,” on spending by the American Action Network, a social welfare nonprofit.
It’s impossible to say for certain why Gill lost. He had lost three earlier races for a congressional seat.
But the American Action Network, launched in 2010 by former Minnesota Republican senator Norm Coleman, played a role. It reported spending almost $1.5 million on three TV commercials and Internet ads opposing Gill, mainly in the weeks right before the election. That was more than any other outside group spent on the race, and more than Gill’s principal campaign committee spent on the entire election, according to Federal Election Commission records.
Though Gill had never held public office, the American Action Network ads described him as “a mad scientist” who supported sending jobs to China, channeling money to the failed green-energy company Solyndra, and making a mess out of health care and Medicare.
Gill said he ran into people every day who said they weren’t voting for him because of claims he would destroy Medicare.
“I think that certainly the money put forward — they saw that they could have an impact here,” Gill said of the American Action Network. “They wanted to put their money where it could make a difference between victory and defeat.”
Dan Conston, spokesman for the American Action Network, described CREW as a “left-wing front group” in an email. He said Gill was a “failed candidate with an extreme ideology, looking to blame anyone but himself for losing his fourth straight congressional election.”