Orrin Hatch on Government Reform Republican Sr Senator (UT)

McCain-Feingold campaign finance reform is unconstitutional

HATCH: [The] bill is unconstitutional. [It] leaves all the first amendment rights for the public interest groups to speak and do whatever they want to and raise any kind of moneys they want to and takes away the first amendment rights from the two political parties. Have you ever wondered why all the Democrats love McCain-Feingold and hardly any Republicans do?

MCCAIN: I’ve always thought that what’s best for the country is best for the party. You are defending an illegal system. You are defending a system that has caused the debasement of every institution of government and it’s got to be stopped. It is now legal for a Chinese-army-owned corporation to give unlimited amounts of money to an American political campaign. We’re awash in it.

Real campaign finance reform is disclosure & more disclosure

Opposes judicial activism; stick to interpreting laws

Campaign reform by example: $36 donations instead of $1000

Soft money gets out the vote; against banning it

Soft money is free speech; daily disclosure is better

For lobbyist reporting; but unlimited $ and tax deductions

Hatch’s voting record on lobbying issues:
• Voted IN FAVOR of lobbying expenses being tax-deductible. (S 1060, 7/25/95)
• Voted YES to requiring lobbyists to register and report their activity. (S 1060, 7/25/95)
• Voted AGAINST limiting lobbyists from contributing to members they have recently lobbied. (S 2, 1/6/95)

Voted YES on granting the District of Columbia a seat in Congress.

• Considers D.C. a congressional district for purposes of representation in the House.
• D.C. shall not be considered a state for representation in the Senate.
• Limits D.C. to one Member under any reapportionment.
• Increases membership of the House from 435 to 437.
• Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.

Opponents recommend voting NO because:

Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.

Proponents support voting YES because:

Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.

Voted YES on requiring photo ID to vote in federal elections.

Proponents support voting YES because:

Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.

Opponents recommend voting NO because:

Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Voted YES on allowing some lobbyist gifts to Congress.

Proponents of the amendment say to vote NAY on the tabling motion because:
• Using the term "registered lobbyist'' will create a huge loophole. The Ethics Committee treats the actual listed lobbyists as registered lobbyists, but not the organization.
• So, for example, a company can give a Senator free tickets to a show or a baseball game, as long as a lobbyist doesn't actually offer or handle them. If the lobbyist's secretary makes the call, that would be permitted.
• If these companies can still give gifts, we won't have a real lobbyist gift ban. We won't be able to look the American people in the eye and say, "We just banned gifts from lobbyists,'' because we didn't.

Opponents of the amendment say to vote YEA on the tabling motion because:
• I can tolerate not accepting gifts from lobbyists. But this amendment goes a step further which is problematic.

  For example, I am a big fan of McDonald's. What about the kids working behind the counter? Would they be considered registered lobbyists because McDonald's has lobbyists? Would I not be able to go to lunch with my longtime friend who owns 12 McDonald's?

• Every company in the Fortune 1000 employs a lobbyist, either a private firm or an in-house lobbyist. Under this amendment, every person who works for Exxon, Wal-Mart, Home Depot, and countless other businesses that employ lobbyists in Washington would be considered registered lobbyists.
• If we want to ban the CEO and chairman of the board of the company from paying for a meal, or the head of a labor union, do that specifically. But this is so broadly developed I think it goes way beyond that.

Voted NO on establishing the Senate Office of Public Integrity.

Proponents of the bill say to vote YEA because:
• We have heard from the media about the bribes and scandals, but we have heard only silence from the House Ethics Committee. One of the greatest travesties of these scandals is not what Congress did, but what it didn't do.
• The American people perceive the entire ethics system--House and Senate--to be broken. We can pass all the ethics reforms we want--gift bans, travel bans, lobbying restrictions--but none of them will make a difference if there isn't a nonpartisan, independent body that will help us enforce those laws.
• The Office of Public Integrity established in this amendment would provide a voice that cannot be silenced by political pressures. It would have the power to initiate independent investigations and bring its findings to the Ethics Committees in a transparent manner.

Opponents of the bill say to vote NAY because:
• The Constitution gave us not only the right but the duty to create our own rules, including the rules concerning our ethics. They are enforced internally by the Senate itself.
• The decisions made under this amendment would be no different than right now. The final decision will be made by the Senate Ethics Committee. All this really does is find a way to further publicize that complaints have been made.
• We have people accusing us almost daily of having done something wrong and publishing it through blogs and all that. I think we should be very careful in setting up another tool for these bloggers to create more charges against the Senate.
• I cannot support an amendment that either replaces the Senate Ethics Committee or adds another layer to our already expensive and time-consuming process. I urge the Senate to defeat this provision.

Voted NO on banning "soft money" contributions and restricting issue ads.

Voted NO on banning campaign donations from unions & corporations.

Voted YES on funding for National Endowment for the Arts.

Voted NO on favoring 1997 McCain-Feingold overhaul of campaign finance.

Voted YES on Approving the presidential line-item veto.

Voted YES on banning more types of Congressional gifts.