Voters' right to know

When well-financed special interests can hide behind shell groups that do their dirty political work, the anonymity encourages such despicable tactics as the inflammatory race-baiting flier used in a recent North Florida Senate primary election. The piece — along with other slick, anonymous attacks in the Republican primary for Senate District 8 — symbolizes why the Legislature must rewrite Florida's campaign finance law so voters know who is behind such sleaze.

Earlier this year, a federal judge correctly ruled a state campaign finance law was unconstitutional. He said the law's definition of an elections communications organization, also called ECO, was so broad that it dampened the free speech rights of small grass roots groups that occasionally engage in political speech but find it onerous to comply with state financial disclosure requirements.

But the practical effect of the ruling, as witnessed in the Jacksonville election, is untenable. The Legislature must craft a new law requiring timely financial disclosure by stealth groups that pop up days before an election. Failing to regulate such groups creates a free-for-all where there is no way to know who is behind well-financed political messages.

It's commonplace for special interests, such as the trial bar or business groups, to create the shell groups to catch opponents off-guard. Under federal law, the groups must steer clear of language that expressly suggests how to vote. Until U.S. District Court Stephan P. Mickle's ruling, Florida law also required such groups to submit disclosures of contributors and expenditures in the runup to election day.

Mickle sided with an odd collection of plaintiffs — condo and home owners' associations, a college libertarian club and an antitax group. They argued the law constrained political speech because they could not print political information in newsletters without registering with the state and disclosing donors and expenditures.

Mickle was right, but his decision ultimately left voters in the dark. Consider what happened in Jacksonville. Electioneering communications organizations that go by such appealing names as Stop Tax Waste and the Committee for Responsible Representation were able to shield donors' names until January, when they must report to the Internal Revenue Service.

The group behind the race-based flier was Conservative Voters' Coalition. But it wasn't until after the election last week that the trial lawyers group admitted it financed the indefensible flier. Florida Justice Association is now trying to salvage relationships with black officials who were rightly offended by a direct mail piece that paired pictures of President Barack Obama with images of Black Panthers, Nation of Islam leader Louis Farrakhan and black marchers holding a large ACORN banner. The flier's message: You could be intimidated at the polls, so fill out the attached coupon to request an absentee ballot.

Jacksonville-area voters deserved to know — before they went to the polls on election day — who was trying to influence their actions. The stakes will be even higher in 2010 when voters will choose a governor, chief financial officer, attorney general, agriculture commissioner and legislators. Lawmakers need to act quickly to ensure voters aren't in the dark.