I. Ayres et J. Bulow, THE DONATION BOOTH - MANDATING DONOR ANONYMITY TO DISRUPT THE MARKET FOR POLITICAL INFLUENCE, Stanford law review, 50(3), 1998, pp. 837-891
In this article, Professors Ayres and Bulow argue that, instead of man
dating disclosure of all campaign contributions we should instead cons
ider mandating that all contributions be anonymous. Just as the secret
ballot makes it more difficult for candidates to buy votes, mandating
anonymous donations can make it more difficult for candidates to sell
access or influence. Forcing donors to funnel campaign contributions
through blind trusts can discourage quid pro quo corruption because ca
ndidates never learn whether particular donors paid the price. To impl
ement their proposal, the authors articulate a mimicry principle that
would allow faux donors to send the same signals as real donors. Talk
is cheap;just as anyone can say they voted for Clinton anyone-includin
g faux donors-could claim they donated money. Mandating donor anyonymi
ty is also more clearly consitutional than several alternative reforms
. In a world in which the free speech burdens of the voting booth and
mandated disclosure are constitutional (because of their impact on cor
ruption), a properly structured ''donation booth'' is a fortiori const
itutional. Mandated anonymity however, is not a panacea. This reform w
ould predictably shift money toward less accountable ''issue advocacy'
' expenditures and may be so effective in disrupting the market for in
fluence that it cripples candidates' ability to raise funds. Even cons
idering these unintended effects, the article suggests that forms of m
andated anonymity might usefully compliment other campaign finance res
trictions.