The Attacks On HR1 Begin
FRED WERTHEIMER’S WEEKLY NOTE | February 7, 2019
“Underlying these and other attacks is a simple goal of reform opponents: to allow big money donors to continue secretly injecting large sums into our elections with no public accountability and therefore no way to determine if the donors and the Members who benefit have exchanged large contributions for government decisions.”
Hearings have begun on H.R. 1, the comprehensive democracy reform legislation introduced by Rep. John Sarbanes (D-MD) and cosponsored by 227 House Democrats.
Also begun is the opposition to the legislation by perennial opponents of efforts to repair the rules of our democracy.
One area currently being attacked is the DISCLOSE Act provisions incorporated into H.R. 1. These provisions close gaping disclosure loopholes that have allowed more than $800 million in secret contributions or “dark money” in the last four elections to be laundered through nonprofit groups to influence federal elections.
The opponents’ attacks raise the specter of voices being silenced, of free speech being violated, of individuals being subject to penalties for not reporting small amounts.
These are false and misleading claims.
Campaign-related disclosure laws, like the provisions in H.R. 1, have been upheld as constitutional by the Supreme Court for more than 40 years, starting with the Buckley decision in 1976 and running through the Citizens United decision in 2010.
The Court has repeatedly rejected arguments that campaign finance disclosure laws unconstitutionally chill speech or prevent anyone from speaking.
Senate Majority Leader Mitch McConnell (R-KY) has challenged H.R. 1’s disclosure requirements, stating that “Many more Americans would have to notify the feds when spending even small amounts of money on speech or else be penalized.”
This claim is false.
The disclosure provisions in H.R. 1 apply to organizations and not to individuals, who have no reporting requirements and are subject to no penalties.
Underlying these and other attacks is a simple goal of reform opponents: to allow big money donors to continue secretly injecting large sums into our elections with no public accountability and therefore no way to determine if the donors and the Members who benefit have exchanged large contributions for government decisions.
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Fred Wertheimer is the Founder and President of Democracy 21, a nonprofit, nonpartisan organization that works to strengthen our democracy and ensure the integrity and fairness of government decisions and elections. See previous Notes from Fred here.
