This week, the Supreme Court struck down the limit on the total amount of money wealthy donors can contribute to candidates and political committees. These limits, which were inflation-adjusted every election cycle, capped contributions to federal candidates at $48,600, and contributions to federal PACs and federal political party committees at $74,600.
The Scoop on the Supreme Court Decision, McCutcheon v FEC
In considering the case, McCutcheon v Federal Election Commission, the court had to decide whether the First Amendment trumps the government’s interest in controlling who pay for elections and preventing corruption. In the end, the First Amendment prevailed. The 5-4 decision, the court held that campaign finance regulations violates free-speech rights.
The court’s main opinion “made clear that Congress may not regulate contributions simply to reduce the amount of money in politics, or to restrict the political participation of some in order to enhance the relative influence of others.” Chief Justice John Roberts wrote, “There is no right more basic in our democracy than the right to participate in electing our political leaders.”
The dissenting judges strongly disagreed — so much so that Justice Stephen Breyer read aloud parts of his dissent from the bench. “The Court substitutes for the current two-year overall contribution ceiling of $123,000, the number infinity,” Justice Breyer remarked, which got a few chuckles. “If the Court in Citizens United opened a door, today’s decision may well open a floodgate,” he continued, referring to the decision which held that the government may not ban political spending by corporations. (Source: Scotusblog.com)
What’s Next for Campaign Finance Laws in Congress
We can expect new legislative proposals in Congress. “The plurality opinion described several possible legislative approaches (without saying they were necessarily constitutional) to minimize the risks of circumvention of per-recipient contribution limits,” explained POPVOX’s advisor, Larry Gold. Among these suggestions include restricting transfers between federal candidates and political party committees; further restricting the ability to earmark a contribution for a particular use or ultimate recipient; and, implicitly, greater disclosure requirements. Stay tuned on POPVOX to see what Members of Congress will propose. In the meantime, here’s a look at campaign finance bills already pending before Congress.
Related Bills Introduced in Congress
Here are bills that Congress has introduced related to money in political campaigns. Weigh in on POPVOX, and we’ll deliver your message to Congress — guaranteed. (How POPVOX works.)
Introduced After the McCutcheon Decision
- HR 4442
Election Transparency
To require all political committees to notify the Federal Election Commission within 48 hours of receiving cumulative contributions of $1,000 or more from any contributor during a calendar year.
- HR 4397
Real Time Transparency Act
(And in the Senate, S 2207.) Would require that all contributions of $1000 or more be filed with the Federal Election Commission (FEC) within 48-hours. Under current law, a contribution of $1000 or more to a U.S. Senate campaign must be filed with the Secretary of Senate on a quarterly basis, and all other political action committee or campaign contributions of $1000 or more must be filed with the FEC on a quarterly basis. Currently, only contributions made within 20 days preceding the election must be disclosed within 48-hours, according to bill sponsors.
Introduced before the McCutcheon Decision
- HR 270
Empowering Citizens Act
To reform the system of public financing for Presidential elections, to establish a system of public financing for Congressional elections, to promote the disclosure of disbursements made in coordination with campaigns for election for Federal office.
- HR 195
Ethics in Foreign Lobbying Act
To prohibit contributions and expenditures by multicandidate political committees controlled by foreign-owned corporations.
- HR 95
End taxpayer financing of Presidential Election Campaigns
To reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions.
- HR 94
Prohibiting use of Presidential Election Campaign Funds for Party Conventions
To prohibit the use of public funds for political party conventions.
- HR 148
DISCLOSE 2013 Act
To provide for additional disclosure requirements for corporations, labor organizations, and other entities.
- S 375
Senate Campaign Disclosure Parity Act
To require Senate candidates to file designations, statements, and reports in electronic form.
- HR 2530
501(c)(4) Reform Act
To prohibit 501(c)(4) entities from participating in, or intervening in (including the publishing or distributing of statements), any political campaign.
- HR 1681
Restoring Confidence Through Smarter Campaigns Act
To provide for limitations on expenditures in elections for the House of Representatives.
- HR 464
Reducing Contribution Limits
To reduce the limit on the amount of certain contributions which may be made to a candidate with respect to an election for Federal office.
- HR 1681
Restoring Confidence Through Smarter Campaigns Act
To provide for limitations on expenditures in elections for the House of Representatives.
- S 791
Follow the Money Act
To amend the Federal Election Campaign Act of 1971 and the Internal Revenue Code of 1986 to require the disclosure of contributions and expenditures for independent Federal election-related activity.
- HJRes 12
A Constitutional Amendment
Relating to limitations on the amounts of contributions and expenditures that may be made in connection with campaigns for election to public office.
- S 525
A Constitutional Amendment
To restore the rights of the American people that were taken away by the Supreme Court’s decision in the Citizens United case and related decisions, to protect the integrity of our elections, and to limit the corrosive influence of money in our democratic process.
Please keep in mind that highlighting a bill doesn’t imply a POPVOX endorsement in any way. Rather, we’re simply trying to offer one more way to stay informed of an overwhelmingly complex legislative system.
