Dana Milbank: Is ALEC losing its grip?

2013-12-05T23:50:00Z 2015-01-28T16:29:31Z Dana Milbank: Is ALEC losing its grip?BY DANA MILBANK / The Washington Post JournalStar.com
December 05, 2013 11:50 pm  • 

WASHINGTON — It was like going into the belly of the beast.

This week in Washington is the annual "policy summit" of the American Legislative Exchange Council, a powerful, secretive organization funded by the Koch brothers and other corporate interests that is famous for drafting conservative legislation that Republican state legislatures adopt down to the last semicolon. And the news media were invited to attend!

I descended the escalators at the Grand Hyatt downtown, two floors below street level, excited by the possibilities listed on the ALEC agenda:

The environment and energy task force, led by private-sector American Electric Power. The tax and fiscal policy task force, headed by Altria. And the health and human services task force, by Guarantee Trust Life Insurance.

Alas, I was quickly regurgitated from the belly of the beast. Outside the meeting rooms, a D.C. police officer turned me away.

"Our business meetings are not open, and so the subcommittee meetings and task force meetings are not open," explained Bill Meierling, an ALEC spokesman. I could wait a few hours and then attend a luncheon and some workshops, as long as I promised not to record them.

But Meierling wanted to assure me that there was nothing untoward about this arrangement, and that it was absolutely not true that the corporations that fund ALEC were behind closed doors, handing their legislative wish lists to the conservative state legislators who then pass them, rubber-stamp style.

"What you fundamentally need to know about this organization is it's completely legislator driven," he said.

Uh-huh. And ALEC is proving that by keeping reporters from the rooms where the legislators are or are not receiving their marching orders from corporate patrons.

This probably won't fly much longer. ALEC has been a major force behind the conservative swing in state capitals, and it claims 82 alumni in the House — including Speaker John Boehner and Majority Leader Eric Cantor — and 11 in the Senate. Its advisory council includes Exxon Mobil, Pfizer, Diageo, AT&T, Peabody Energy, Koch Companies Public Sector and UPS, and exhibitors at its conference this week include the Charles Koch Institute, the Family Research Council and the Heritage Foundation. Sen. Ted Cruz and Rep. Paul Ryan are addressing the conference.

But ALEC's fortunes began to change with the killing of Trayvon Martin and the resulting attention to the danger of "stand your ground" laws, one of many initiatives ALEC spread from sea to shining sea. Some corporate sponsors quit ALEC. On Tuesday, the Guardian newspaper published a trove of internal ALEC documents showing how grim its situation has become.

It reported that the group has lost almost 400 state legislators in the past two years and more than 60 corporations. To raise money, the documents showed, ALEC considered expanding its policy portfolio to gambling, and, concerned about potential tax problems with its designation as a 501(c)(3) charity, it is considering 501(c)(4) status, which would allow it to lobby more openly.

Among the ALEC documents obtained by the Guardian: a draft loyalty oath for legislators who serve as the group's state chairs, declaring that "I will act with care and loyalty and put the interests of the organization first."

When I first dealt with ALEC as a state government reporter 18 years ago, it was right of center but known for thoughtful policy research. But it adopted an aggressive agenda to pass legislation expanding gun rights and voter-identification requirements, and limit the reach of public-employee unions, social-welfare programs, consumer and environmental protections, and Obamacare.

Emboldened by the Guardian report, liberal politicians held an anti-ALEC teleconference Wednesday afternoon. Danielle Conrad, a Nebraska state senator who quit ALEC, called it a "shadowy group" that made a "radical shift" in its agenda.

At the Grand Hyatt, Meierling, who joined ALEC from the United Way in January, told me that he's gradually introducing transparency but that ALEC "can't just kick the doors open."

Actually, it can — unless it doesn't want people to see what's behind those doors.

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