In light of the FEC’s gridlocked paralysis and the recent controversies at the IRS, many grow increasingly concerned that federal authorities are simply unwilling or unable to ensure meaningful disclosure of the independent spending unleashed by the Citizens United decision.  It is thus heartening to see that states are leading the way on the transparency front.  Case in point, yesterday New York State Attorney General Eric Schneiderman announced new regulations that will require certain non-profit organizations that engage in political spending in New York State elections, including 501(c)(4) “social welfare” groups, to disclose their donors to the public.

As someone who has devoted the vast majority of my professional career enforcing the Voting Rights Act, the imminent decision in the Shelby County, Alabama case will be of great interest to me. My perspective is a unique one: I spent over twenty years in the Department of Justice (most of that time enforcing the Voting Rights Act), and I have spent nearly twenty years in private solo practice representing state and local governments who have endeavored to comply with the Voting Rights Act. Moreover, of the approximately 209 state and political subdivisions that have bailed out since the 1982 amendments to the Voting Rights Act liberalized the bailout requirements, I have represented around 95 percent of those jurisdictions.

Well it turns out that Stephen Colbert’s 501(c)(4), Colbert Super PAC SHH!, never applied for the privileged tax status with the IRS  – because it didn’t have to.  Informed of these facts last night by his “personal attorney” and Campaign Legal Center President Trevor Potter, The Colbert Report host decided to use the current IRS scandal to his advantage.

Four decades after the campaign finance reforms that followed Watergate, arguments over the role of money in politics seem increasingly tired and unproductive. We ought to build on the experience of recent years and consider what’s necessary for a new phase of political reform.