“How the GOP used Twitter to stretch election laws”

Chris Moody with the campaign finance coordination story of the season on CNN:

Republicans and outside groups used anonymous Twitter accounts to share internal polling data ahead of the midterm elections, CNN has learned, a practice that raises questions about whether they violated campaign finance laws that prohibit coordination.

The Twitter accounts were hidden in plain sight. The profiles were publicly available but meaningless without knowledge of how to find them and decode the information, according to a source with knowledge of the activities.

The practice is the latest effort in the quest by political operatives to exploit the murky world of campaign finance laws at a time when limits on spending in politics are eroding and regulators are being defanged.

The law says that outside groups, such as super PACs and non-profits, can spend freely on political causes as long as they don’t coordinate their plans with campaigns. Sharing costly internal polls in private, for instance, could signal to the campaign committees where to focus precious time and resources.

The groups behind the operation had a sense of humor about what they were doing. One Twitter account was named after Bruno Gianelli, a fictional character in The West Wing who pressed his colleagues to use ethically questionable “soft money” to fund campaigns.

A typical tweet read: “CA-40/43-44/49-44/44-50/36-44/49-10/16/14-52–>49/476-10s.” The source said posts like that — which would look like gibberish to most people — represented polling data for various House races.

Posting the information on Twitter, which is technically public, could provide a convenient loophole to the law — or could run afoul of it.

See also the related video.

My first impression is that Ken Gross, quoted in the story, hits the key question:

“If it truly requires some sort of Ovaltine decoder ring to make heads or tails of the information, then there certainly is the possibility that there was some pre-arrangement,” Gross said. “Just making it public is not enough. You have to further meet the requirement of no pre-arrangement or coordination. But it is the burden of the government to demonstrate that.

I expect we will hear much more from this as other campaign finance reporters work on this story.

I would love to hear the back story of how Chris discovered this. Wow.

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