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As seems typical, the culprit is the changing legal landscape following the Citizens United decision of a few years back:
The initial spike in dark money spending took place in 2008, after the Supreme Court’s 2007 Wisconsin Right to Life ruling. That ruling freed nonprofit 501(c) organizations to make “issue ads” mentioning candidates -- as long as they didn’t directly call for the election or defeat of a candidate.
Another dark money spike took place after the Supreme Court’s 2010 Citizens United ruling freed corporations, labor unions and nonprofit 501(c) organizations to spend political money directly calling for the election or defeat of a candidate. Both the Citizens United and the Wisconsin Right to Life allowed for unlimited spending.
“After Citizens United, voters are left more and more in the dark about who's funding campaigns,” said Robert Maguire, investigator for CRP. “It’s not a matter of free speech – it’s a matter of knowing who’s speaking.”
Dark money continued to flow freely in 2013, gearing up for the 2014 midterm elections. Conservative groups have already spent at least $15.8 million on issue ads to promote Republican candidates, according to an earlier HuffPost analysis. Americans for Prosperity, the nonprofit founded and funded by the billionaire Koch brothers, led all groups that year with at least $12.4 million spent on candidate-specific ads attacking Obamacare. Liberal dark money groups, meanwhile, spent at least $3.3 million on issue advocacy, mostly coming from the League of Conservation Voters.
