Government Ethics Is Grandly Unified in Texas
<a href="http://en.wikipedia.org/wiki/Grand_Unified_Theory" target="”_blank”">According
to Wikipedia</a>, a Grand Unified Theory (GUT) is "a model in
particle physics in which at high energy, the three gauge
interactions of the Standard Model which define the electromagnetic,
weak, and strong interactions, are merged into one single
interaction."<br>
<br>
It appears that the case of Michael Quinn Sullivan and <a href="http://www.empowertexans.com/about/" target="”_blank”">his trio of
organizations</a>, Empower Texans PAC, Texans for Fiscal
Responsibility (a 501(c)4) organization), and Empower Texans
Foundation (a 501(c)(3) organization) may provide a Grand Unified
Theory in the field of government ethics, bringing together the
fields of campaign finance, lobbying, transparency, and conflicts of
interest.<br>
<br>
According to <a href="http://www.dallasnews.com/news/politics/state-politics/20140324-conserv…; target="”_blank”">an
article yesterday in the Dallas <i>Morning News</i></a>, complaints have
been filed stating that Sullivan has failed to file and make
disclosures as a lobbyist (<a href="http://www.divshare.com/download/17282984-8aa" target="”_blank”">one can be found here</a>). He insists that he is not a lobbyist
representing special interests, but rather that he and his groups
represent grass-roots conservatives, and that disclosure of the
source of their funds would violate First Amendment free speech
rights.<br>
<br>
But since two of the three organizations do not have to report
donors, there is no way for the public to know whether or not
Sullivan et al are representing special interests as lobbyists,
thousands of individuals as advocates, both at different times, or whatever.<br>
<br>
An additional issue is that lobbying is not just about communicating
directly with legislators. Much of lobbying now consists of setting
up grass-roots organizations to get thousands of people
communicating with legislators. This means that lobbying can be
funded without paying one penny directly to the person who is
putting together an important public relations effort. The
organizations that the lobbyist sets up to do this can pay the
lobbyist. Then the question is, who is providing the organizations
with seed money and continuing funds to pay for its efforts?<br>
<br>
As long as such organizations are not transparent, there is no way
to know if they are the arms of a lobbying effort (Astroturf
organizations), actual
grass-roots organizations, lobbying creations that have become actual grass-roots organizations,
shells for political and criminal money laundering, or fronts for
small groups of wealthy individuals or companies to make huge
campaign contributions (there are claims that nearly all of
Sullivan's organizations' money comes from one individual).<br>
<br>
The Grand Unified Theory, then, is that, without disclosure of funding
sources and expenditures, and of the topics and frequency of communications with which
officials, there is no way to tell the difference
between special interest lobbying, issue
advocacy, political campaigns, political money laundering, and
pay-to-play operations. There is also no way to tell the difference
between grass-roots and Astroturf organizations.<br>
<br>
When there is no way to tell the difference, the public has a First
Amendment free speech right to accuse anyone involved with "dark
money" organizations of being up to just about anything. Hell, for
all anyone knows, the money comes from government grants and subsidies,
or a foreign intelligence unit.<br>
<br>
<a href="http://www.texasobserver.org/decline-michael-quinn-sullivan/" target="”_blank”">A
recent article in the Texas <i>Observer</i></a> says that the state
ethics commission decided to go ahead with a rulemaking process that
might require the disclosure of now-secret donors. "The anonymity of
Sullivan’s operations has always been a key part of what gives him
special power in state politics." The governor vetoed a bill that
would have done this. It appears that transparency, which is central
to the Grand Unified Theory, is at the center of a political battle,
and that the state EC is in a position to do something about it,
something that might have repercussions nationwide.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---