D21 Letter to Representatives Challenges Claims by ACLU About H.R. 1
Democracy 21 sent a letter to Representatives today challenging claims made in a letter sent by the ACLU on January 29, 2021 regarding H.R. 1, the For the People Act.
According to the Democracy 21 letter:
It is extremely important for the reforms in H.R. 1 to take effect in time for the 2022 congressional elections. The 2020 elections resulted in historic voter turnout with no evidence of any meaningful voter fraud. Currently, however, a number of state legislatures are pursuing new laws that would reduce voter turnout, suppress the right to vote and disenfranchise vast numbers of voters, particularly voters of color.
These undemocratic efforts to suppress voting will be overridden by the voting rights reforms in H.R. 1 if the reforms are in effect for the 2022 congressional races.
The Democracy 21 letter stated:
The ACLU in its letter acknowledges that “it is more important than ever for Congress to pass legislation to restore and expand voting rights and strengthen our democracy,” and that H.R. 1 “seeks to serve those goals. . .”
The ACLU letter also raises “constitutional concerns” about the legislation mostly centered around the campaign finance disclosure provisions incorporated into H.R. 1. These concerns are unsupported by the applicable Supreme Court decisions upholding campaign finance disclosure laws.
Democracy 21’s letter stated:
The “constitutional concerns” raised by the ACLU again center, as they did in the last Congress, on the campaign finance disclosure provisions of the DISCLOSE Act, which is incorporated into H.R. 1.
The DISCLOSE Act is essential to closing a gaping loophole in the disclosure laws that has resulted in more than a billion dollars in unlimited, secret contributions being given to and spent by nonprofit groups to influence recent federal elections. Unlimited, secret contributions, also known as dark money, are the most dangerous contributions in American politics since there is no way to hold the donor and officeholder accountable for corrupt practices.
According to the Democracy 21 letter:
Since Buckley v. Valeo, 424 U.S. 1 (1976), and as reaffirmed in Citizens United v. FEC, 130 S.Ct. 876 (2010), the Supreme Court has consistently upheld the constitutionality of campaign finance disclosure requirements because they serve the important governmental interests of “providing the electorate with information about the sources of election-related spending” in order to help citizens “make informed choices in the political marketplace.” Citizens United, 130 S.Ct. at 914.
The ACLU raised concerns in its letter about whether the disclosure provisions in H.R. 1 would “restrict” or “deter” non-profit groups from engaging in speech and advocacy, particularly regarding “progressive” issues. The ACLU ignores the Citizens United decision, where in an 8 to 1 vote, the Supreme Court said that disclosure requirements for campaign-related communications by nonprofit groups “impose no ceiling on campaign-related activities” and “do not prevent anyone from speaking.” Id.
The letter stated:
The ACLU also raised a concern about whether disclosure of the large donors to non-profit groups could subject those donors “to harassment and threats of violence.” The ACLU ignores the fact that H.R. 1 has an explicit safe harbor provision that exempts from disclosure any donor who may be subject to “serious threats, harassment or reprisals.”
This exemption is based on Supreme Court jurisprudence that requires such a disclosure exception. But the Court also stated in Citizens United that disclosure requirements are not invalid because of a generalized or theoretical concern about “public harassment.” The Court said that disclosure provisions are invalid only in specific cases where a group can show a “reasonable probability” that disclosing the names of its contributors would “subject them to threats, harassment, or reprisals from either Government officials or private parties.”
Democracy 21’s letter concluded:
The House two years ago considered virtually the same H.R. 1 legislation in five Committees, engaged in a Committee markup with amendments, considered more than 70 amendments on the House floor, and passed the legislation.
It is essential for this legislation to be effective for the 2022 congressional elections to protect the right of every eligible citizen to vote and to ensure a fair, safe, and secure electoral process in 2022.
Democracy 21 strongly urges Representatives to move swiftly to pass H.R. 1.
Read the full letter here.
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