Down Ballot Money

By Gordon HopkinsEditor’s Note: This is the first in a series of reports examining the outside interests that attempted to sway recent local elections. It has not gone unnoticed by the voters of Jefferson County that the recent 2024 primary election garnered the attention of outside interests. With a mostly right-leaning population of just a little over 7,200, according to the most recent census, the rural, ag-centric Jefferson County is not normally the sort of place where political advisers suggest spending a lot of campaign money.Michael Dux is now serving his 22nd year on the Jefferson County Board of Commissioners, making him not only the longest serving commissioner on the board but one of the longest serving elected officials in Jefferson County. He recently told FJN he could not think of another instance when any election of a county official here had attracted national interest, let alone anyone actually trying to influence the outcome of an election. Nevertheless, that is what happened when a Texas-based Political Action Committee, called RED PAC (Rural Economic Development), endorsed the incumbent candidate for Jefferson County Commissioner, District 2, Gale Pohlmann and actively opposed one of his challengers, Danielle Schwab. Given that there were four Republican candidates for District 2 Commissioner and no Democrat or other party candidates, this meant the decision would effectively be made at the primary election.The race for commissioner in Jefferson County was not the only one targeted by RED PAC. Across the county line, District 2 Supervisor Emily Haxby was challenged by Jim Ensz. RED PAC opted to support Ensz over the incumbent. Just days before the primary, citizens of both Jefferson and Gage County began receiving political mailers from RED PAC. Instead of citing reasons to support the endorsed candidates, the mailers opposed both Schwab and Haxby.In addition, RED PAC endorsed two candidates for commissioner in York County, incumbent Leroy Ott for District 2 and Dean Heine for District 5.Of the four candidates in Nebraska endorsed by RED PAC, three lost. Only Leroy Ott emerged victorious. The other three lost.Nebraska is not the only state RED PAC is interested in. The organization also endorsed candidates for commissioners in the 2024 race in Georgia, Indiana and Iowa.What is a PAC?A Political Action Committee, or PAC, is an organization that can collect campaign contributions and then donate the funds to campaigns supporting or opposing political candidates, ballot initiatives or legislation.The concept of the PAC has been around since 1943. That was when the first ever PAC, CIO-PAC (Congress of Industrial Organizations-Political Action Committee) was formed to raise money to re-elect President Franklin D. Roosevelt.Political campaigns are driven by money and PACs were an attempt to control how much influence funding sources had on elections and policy by setting rules and limits on how much money could be raised or spent and where that money could come from.For example, the Smith Connally Act of 1943, prohibited unions from contributing to federal candidates. Therefore, donations to CIO-PAC had to be voluntary contributions from union members rather than from the union, itself.PACs also cannot accept donations from corporations.PACs can accept no more than $5,000 per year from individuals. They can donate no more than $5,000 to candidates for each election. Primary and general elections each counts as a separate election. PACs can give up to $15,000 annual to party committees.PACS can spend an unlimited amount on political advertising, whether supporting or opposing a candidate, as long as those funds are not given directly to the candidate.What is a Super PAC?In 2010, pair of judicial decisions resulted in the creation of a new kind of political committee, called a Super PAC, which operates by a very different set of rules.The first was Speechnow v. Federal Election Commission (FEC). On March 26, 2010, the D.C. Circuit Court of Appeals held that the limit of contributions that individuals could make and that committees could accept violated the First Amendment.The second decision was Citizens United v. FEC. The U.S. Supreme Court reversed campaign finance restrictions and allowed corporations and other groups to spend unlimited funds on elections.Super PACs are sometime refereed to as “independent expenditure-only political action committees.” That is because Super PACs cannot contributed directly to candidates and are prohibited from coordinating with candidates.The mailers sent by RED PAC have a disclaimer, “Not authorized by any candidate or candidate’s campaign committee.”Pohlmann denied any involvement with the mailers and, in fact, said he first learned about them when he received one himself in the mail.What is RED PAC and Why Do They Care About Local Elections?RED PAC was first created on March 24, 2023. That was the date the committee’s Statement of Organization was filed with the FEC.According to the organization’s website, RED PAC is, “dedicated to protecting private property rights, increasing local government transparency, fostering common-sense solutions and innovation, bolstering national security, and promoting rural economic development.”The organization has a strong emphasis on property rights, as indicated on the website, “At our core, we believe that private property rights are fundamental to individual liberty and prosperity. We support candidates who are dedicated to strengthening property rights, including measures to prevent eminent domain abuse, reduce regulatory takings, and promote fair compensation for property owners.”One of the functions of county commissioners and supervisors is to approve building permits for new business projects. They are heavily involved in the setting of zoning regulations. As a result, the decisions made by commissioners and supervisors can intimately determine whether a major project can go forward or not.In recent years, both Jefferson and Gage counties were the scenes for protracted and highly controversial battles against both CAFOs (Concentrated Animal Feeding Operations) and alternative energy production facilities, wind and solar.“Gale Pohlmann’s extensive experience and steadfast dedication to conservative principles make him the ideal candidate for Jefferson County,” said Charlie Kolean, Chief Strategist of RED PAC in a press release. “His commitment to ensuring that property rights are respected and protected aligns perfectly with our values.”Kolean also cited property rights as a reason for his opposition to Schwab.“At RED PAC, we believe that respecting and defending the rights of landowners to use their property as they see fit is fundamental,” Kolean added. “Unfortunately, Danielle Schwab’s positions do not reflect the strong commitment to these principles that we require from our endorsed candidates.”It is worth noting that, according to FEC financial records, RED PAC’s only listed source of funding is a non-profit organization called Conservatives for a Clean Energy Future.

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