Democrats Can’t Stop Dark Money Without Ending the Filibuster

Today, Senate Democrats vote on the DISCLOSE Act, legislation that would force nonprofits spending on elections and judicial nominations to publicly name their donors. Lawmakers should pass this bill — but without ending the filibuster, they probably can't.

Senate Banking, Housing, and Urban Affairs Committee

President Joe Biden speaks to the media after attending a Senate Democrats’ luncheon in Russell Building to discuss ending the filibuster on January 13, 2022. (Tom Williams / CQ Roll Call)


President Joe Biden made a strong case on Tuesday for legislation to end dark money, and even highlighted a story the Lever helped expose. The problem? Democrats have been trying, and failing, to pass versions of this same dark money disclosure bill for twelve years. Now they are poised to let the Senate filibuster stand in the way of its passage yet again — not coincidentally right after an election in which dark money benefited Democrats more than their opponents.

Senate Democrats are planning to hold a vote today on the DISCLOSE Act, the legislation Biden is pushing that would force nonprofits spending on elections and judicial nominations to publicly name their donors. Lawmakers should pass this bill, just as they should have done back in 2010, right after the Supreme Court’s Citizens United decision paved the way for unlimited political spending by nonprofits that can keep their donors secret — a development that has catastrophically reshaped the country’s electoral politics.

Holding a vote on the DISCLOSE Act without pushing to end the filibuster highlights the fundamental flaw with Democrats in Washington: their rhetoric and warnings about dark money have always been spot-on, but they have failed to take the actions necessary to actually stop the flow of secret cash distorting and corrupting American politics. Meanwhile, the party has become increasingly reliant on these same dark pools of cash to help elect more Democratic lawmakers.

Sorry, but this article is available to active subscribers only. Please log in or become a subscriber.