Judge Shuts Down Multimillion-Dollar Loophole In Election Law

Judge Beryl A. Howell, in a 2007 photo, issued a ruling last week striking down a FEC regulation on anonymous gifts to “dark money” groups.

Stephen J. Boitano / AP

Updated at 9:30 p.m. ET

A widely used loophole for funneling secret “dark money” into political ads closed quietly last weekend, as a federal judge concluded it thwarted Congress’ intent to have broad disclosure of political money.

Chief Judge Beryl Howell, of the U.S. District Court for the District of Columbia, threw out a regulation adopted by the Federal Election Commission in 1980. The rule said that “non-political” groups, such as 501(c) nonprofit organizations, could ignore a disclosure law if donors’ contributions were not earmarked for specific advertisements — an exception that wasn’t in the law passed by Congress.