Donald Payne on Government Reform

The bill's proponents say:
• 527s' primary purpose is to influence the election or defeat of a Federal candidate. They have to file with the FEC because after Watergate in 1974 this Congress passed a law that said if you are going to have a political committee whose primary purpose is to influence an election, then they have to register with the FEC.
• The FEC ignored 30 years of congressional actions and Supreme Court jurisprudence in allowing 527s to evade the law. In short, the FEC failed to do its job and regulate 527s as required under the Watergate statute.

Voted NO on prohibiting lawsuits about obesity against food providers.

• Prohibit such lawsuits in this act in federal or state courts
• Dismiss any pending lawsuits upon this bill's enactment
• Maintain an individual's right to bring a lawsuit to court for false marketing, advertising or labeling of food when such information led to injury, obesity or weight gain

Voted NO on limiting attorney's fees in class action lawsuits.

1. a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate;
2. a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or
3. a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.

Voted NO on restricting frivolous lawsuits.

1. require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, sanctions are discretionary);
2. disallow the withdrawal or correction of pleadings to avoid sanctions;
3. require courts to award parties prevailing on motions reasonable expenses and attorney's fees, if warranted;
4. authorize courts to impose sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and
5. make the discovery phase of litigation subject to sanctions.

Voted YES on campaign finance reform banning soft-money contributions.

Voted NO on banning soft money donations to national political parties.

Voted YES on banning soft money and issue ads.

Election reform is #1 priority to prevent disenfranchisement.

• Election Reform is the CBC’s Number One Legislative Priority. What happened in Election 2000 is no way to elect the President – the most powerful position in the world. For the sake of our democracy, it is imperative that Election Reform be the top priority of every Member of Congress, and every American. As the world’s oldest and leading democracy, the outcome of our elections should never be in doubt. We must ensure that every vote cast is counted and that everyone who is eligible to vote is allowed to vote. Election reform is not a black issue or white issue, it is a red, white & blue issue. Voting is the most fundamental right guaranteed under the Constitution and must be protected.
• Voter Education and Participation. African-Americans turned out to vote in Election 2000 in record numbers, many for the first time. This accomplishment, however, was undercut by allegations of voter intimidation, inaccurate voter registration lists, flawed ballot designs, and antiquated voting machinery. All of these problems led to confusion before, during and after the election. The CBC will partner with state & local governments, civic & religious organizations and higher education institutions to prevent voter intimidation, as well as to enhance and improve voter registration, education and participation.
• Congress Must Act. Congress has the power, authority and absolute obligation to assure that the apparent disenfranchisement does not ever happen again. The CBC is committed to passing a strong and effective election reform package. Legislation should address ballot design, modern voting machines, an accurate vote-counting mechanism that allows for recounts, the restoration of voting rights for ex-offenders, assistance for bilingual and disabled persons who vote, and ensure the most accurate voter registration rolls on election day so that every one who is eligible to vote can vote, and have that vote counted.

Criminalize false or deceptive info about elections.

OFFICIAL CONGRESSIONAL SUMMARY: Amends federal criminal law to prohibit any person from knowingly deceiving any other person regarding:

1. the time, place, or manner of conducting any federal election; or
2. the qualifications for or restrictions on voter eligibility for any such election.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: Voter participation is fundamental to our democracy, and we must do all we can to encourage those who can to vote. I also hope voters go to the polls with accurate information about what is on the ballot, where they are supposed to vote, and what our Nation's voting laws are.

It might surprise some of you to know, but even in this awesome age of technological advancement and easy access to information, there are folks who will stop at nothing to try to deceive people and keep them away from the polls. These deceptive practices all too often target and exploit vulnerable populations, like minorities, the disabled, or the poor.

Deceptive practices often rely on a few tried and true tricks. Voters are often warned that an unpaid parking ticket will lead to their arrest or that folks with family members who have been convicted of a crime are ineligible to vote. Of course, these warnings have no basis in fact, and they are made with one goal and one goal only: to keep Americans away from the polls.

The bill I am introducing today provides the clear statutory language and authority needed to get allegations of deceptive practices investigated. It establishes harsh penalties for those found to have perpetrated them. Deceptive practices and voter intimidation are real problems and demand real solutions like those offered in my bill.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Reject photo ID requirements for voting.

OFFICIAL CONGRESSIONAL SUMMARY: Expresses the sense of Congress that:

1. a requirement that U.S. citizens obtain photo identification cards before being able to vote has not been shown to ensure ballot integrity and places an undue burden on citizens' legitimate voting rights; (
2. the Department of Justice should challenge any state law that limits a citizen's ability to vote based on discriminatory photo identification requirements; and
3. any effort to impose national photo identification requirements for voting should be rejected.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: I am submitting a resolution to express the Senate's strong disapproval of recent efforts to disenfranchise Americans. Unfortunately, too many electoral reform efforts seem intent on limiting access to the ballot as opposed to expanding it. In the mid-20th century, the poll tax was the preferred means of disenfranchising large minority populations, specifically African Americans. Today, the poll tax is taking on a new form--a photo identification requirement for voters.

According to the National Commission on Federal Election Reform, such a requirement would "impose an additional expense on the exercise of the franchise, a burden that would fall disproportionately on people who are poorer and urban." Nevertheless, a number of States, including Georgia, have recently passed laws mandating government-issued photo identification for voters at the polls. Nationwide, at least 12% of eligible drivers do not have a driver's license. And Georgia has made it difficult for rural and urban folks to obtain their voter photo identification.

The Carter-Baker Commission on Federal Election Reform acknowledges that there is "no evidence of extensive fraud in U.S. elections or of multiple voting."

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Establish the United States Public Service Academy.

Introductory statement by Sponsor:

Sen. CLINTON: I rise today to introduce legislation that will create an undergraduate institution designed to cultivate a generation of young leaders dedicated to public service. The US Public Service Academy Act (The PSA Act) will form a national academy to serve as an extraordinary example of effective, national public education.

The tragic events of September 11 and the devastation of natural disasters such as Hurricanes Katrina and Rita underscore how much our Nation depends on strong public institutions and competent civilian leadership at all levels of society. Congress must take a step forward to ensure competent civilian leadership and improve our Nation's ability to respond to future emergencies and to confront daily challenges.

This legislation will create the US Public Service Academy to groom future public servants and build a corps of capable civilian leaders. Modeled after the military service academies, this academy will provide a four-year, federally-subsidized college education for more than 5,000 students a year in exchange for a five year commitment to public service.

The PSA Act will meet critical national needs as the baby-boomer generation approaches retirement. Already, studies show looming shortages in the Federal civil service, public education, law enforcement, the non-profit sector and other essential areas.

Unfortunately our young people are priced out of public service careers all too often. By providing a service-oriented education at no cost to the student, the PSA Act will tap into the strong desire to serve that already exists among college students while erasing the burden of enormous college debt.

The establishment of a United States Public Service Academy is an innovative way to strengthen and protect America by creating a corps of well-trained, highly-qualified civilian leaders. I am hopeful that my Senate colleagues from both sides of the aisle will join me today.

Prohibit voter intimidation in federal elections.

Makes it unlawful for anyone before or during a federal election to knowingly communicate false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.

Introductory statement by Sponsor:

Sen. OBAMA: This bill seeks to address the all-too-common efforts to deceive voters in order to keep them away from the polls. It's hard to imagine that we even need a bill like this. But, unfortunately, there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What's worse, these practices often target and exploit vulnerable populations, such as minorities, the disabled, or the poor. We saw countless examples in this past election.

• Some of us remember the thousands of Latino voters in Orange County, California, who received letters warning them in Spanish that, "if you are an immigrant, voting in a federal election is a crime that can result in incarceration."
• Or the voters in Virginia who received calls from a so-called "Virginia Elections Commission" informing them--falsely--that they were ineligible to vote.
• Or the voters who were told that they couldn't vote if they had family members who had been convicted of a crime.

Ban stock trading based on Congressional insider knowledge.

Congressional Summary:Stop Trading on Congressional Knowledge Act (STOCK Act): Amends the Securities Exchange Act and the Commodity Exchange Act to prohibit purchase or sale of either securities or commodities by a person in possession of material nonpublic information regarding pending or prospective legislative action.

• Amends the Ethics in Government Act to require formal disclosure of certain securities and commodities futures transactions.
• Amends the Lobbying Disclosure Act to subject to its registration, reporting, and disclosure requirements all political intelligence activities, contacts, firms, and consultants.

Bill explanation (ProCon.org, "Insider Trading by Congress", Feb. 3, 2012):

• On Mar. 17, 2011, Tim Walz (D-MN) introduced the STOCK Act where it gained nine co-sponsors by Nov. 4, 2011.
• On Nov. 13, 2011, the TV show "60 Minutes" reported that several members of Congress allegedly used insider information for personal gain. The STOCK Act received 84 additional House co-sponsors in the five days following the report, and Scott Brown (R-MA) filed the STOCK Act in the Senate on Nov. 15, 2011. Kirsten Gillibrand (D-NY) also filed a variation of the STOCK Act in the Senate on Nov. 17, 2011.
• On Jan. 24, 2012, in his State of the Union Address, President Obama said "Send me a bill that bans insider trading by members of Congress, and I will sign it tomorrow."
• Immediately after the speech, Senate Majority Leader Harry Reid (D-NV) told reporters, "I think people should have enough sense not to do it [insider trading] without legislation, but I will support legislation."
• On Feb. 2, 2012, a revised version of the STOCK Act passed in the Senate by a vote of 96-3 with Senators Richard Burr (R-NC), Tom Coburn (R-OK), and Jeff Bingaman (D-NM) dissenting.

No photo IDs to vote; they suppress the vote.

Congressional Summary:Amends the Voting Rights Act of 1965 with respect to the requirement that a federal court retain jurisdiction for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote. Expands the types of violations triggering the authority of a court to retain such jurisdiction to include certain violations of the Act as well as violations of any federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group. [This bill would ban requiring photo IDs in order to vote].

Opponents recommend voting NO because:Sen. Bob Dole (on related bill from 2007, whether to add an amendment allowing photo ID): 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.

Proponents support voting YES because:Sen. Dianne Feinstein (on related bill from 2007): If one would want to suppress the vote in the 2008 election, one would vote [for Dole's amendment] 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].

Establish "My Voice Voucher" small campaign contributions.

Congressional summary:

• A refundable tax credit of 50% of congressional House campaign contributions, to be known as "My Voice Federal" contributions.
• Establishes the Government by the People Oversight Commission, which will launch a pilot program and select 3 eligible states to operate a voucher pilot program.
• Provide each qualified individual during the election cycle, upon his or her request, with a "My Voice Voucher" worth $50 (in either paper or electronic form).
• Authorizes the individual to submit the My Voice Voucher to qualified federal election candidates, allocating a portion of its value in $5 increments.
• Prohibits a certified participating candidate from establishing or controlling a leadership PAC (political action committee).

Proponent's argument in favor (by Reps. Nancy Pelosi & John Sarbanes): Citizens United shook the foundation of our democracy: the principle that it is the voices of the people, not the bank accounts of the privileged few, that determine the outcome of our elections and the policies of our government. Most members of Congress would leap at the chance to fund their campaigns without having to turn to a familiar cast of big donors and entrenched interests. Today, that's virtually impossible. But we can and must break the grip of special interests on our politics: rally around H.R. 20.

Opponent's argument against (The Examiner): The proposed legislation seeks to undo the Citizens United v. FEC ruling which has been a thorn in the side of progressives ever since the Supreme Court ruled in 2010 that political spending was "a form of protected speech under the First Amendment." Although the "Government by the People Act" innocently claims to want to get big money out of politics, the real goal is to smash the Tea Party. The fear that conservative groups would have access to funds typically granted to progressive groups and unions was too much to bear.

Public financing of federal campaigns by voter vouchers.

Congressional Summary:<

• Allow a refundable tax credit of 50% of cash contributions to congressional House campaigns, to be known as "My Voice Federal" contributions.
• Select three states to operate a voucher pilot program.
• Provide, upon request, a "My Voice Voucher" worth $50.
• Authorizes the individual to submit the My Voice Voucher to qualified federal election candidates, allocating a portion of its value in $5 increments.
• Permits an individual to revoke a My Voice Voucher within two days after submitting it to a candidate.
• Establishes the Freedom From Influence Fund in the Treasury [for 6-to-1 matching funds for the vouchers].
• Allows taxpayers to designate overpayments of tax for contribution to the Freedom From Influence Fund.

Supporters reasons for voting YEA:Rep. Sarbanes: Big money warps Congress' priorities and erodes the public's trust in government. This bold new legislation returns voice and power back to the American people:

1. Empower everyday citizens to fuel Congressional campaigns by providing a My Voice Tax Credit.
2. Amplify the voices of everyday Americans through a 6-to-1 match.
3. Prevent Super PACs from drowning out small donor-backed candidates.

Opponents reasons for voting NAY:(Bill Moyers, Feb. 19, 2015): This citizen engagement strategy, particularly when used to court small donors, is not without its critics. Small donors, at least in the current system, often tend to be political ideologues. That trend leaves many asking: won't moving to small donors just empower extremists? Sarbanes counters, if Congress changes the political fundraising rules, they will also change the calculus for "the rational small donor who right now isn't going to give $25 because they've figured out that it's not going to matter." The prospect of a 6-to-1 match might very well impact how those less ideologically extreme potential donors think about political giving.

Statehood for the District of Columbia.

Congressional Summary: Sets forth procedures for admission into the United States of the state of New Columbia.

• Requires the Mayor of the District of Columbia to submit to the voters propositions for statehood and adoption of a State Constitution, and issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia.
• Requires the President to issue a proclamation announcing the results and admitting New Columbia into the Union.
• Provides for conversion of District government offices to state offices.

Opponents reasons for voting NAY: (DCist.com, Sept. 2014): The Argument Against: Congress does not have the authority to grant statehood to D.C.; the 23rd amendment, which gave D.C. three electoral votes, would have to be repealed before statehood was granted. Washington is a wholly urban, one-industry town, dependent on the federal government far in excess of any other state. Moreover, with Congress no longer having authority over New Columbia but dependent on it, New Columbia could exert influence on the federal government far in excess of any other state.

Supporters reasons for voting YEA: [Rep. Eleanor Holmes Norton, D-DC; the District of Columbia has one representative to Congress and no Senators; Rep. Holmes can introduce bills but her vote does not count]: This 51st state would have no jurisdiction over the federal territory or enclave that now consists of the Washington that Members of Congress and visitors associate with the capital of our country. Those would remain under federal jurisdiction. The New Columbia Admission Act was the first bill I introduced in 1991. Statehood is the only alternative for the citizens of the District of Columbia. To be content with less than statehood is to concede the equality of citizenship that is the birthright of our residents as citizens of the United States.

Automatic voter registration for all citizens.

Congressional Summary:

• Require each state to make available official public websites for online voter registration.
• Authorizes automated voter registration and establishes same day registration, and voter registration of individuals under 18 years of age.
• Declares that the right to vote shall not be denied because that individual has been convicted of a criminal offense.

Supporters reasons for voting YEA: (BrennanCenter.org): Too many Americans go to vote on Election Day only to find their names are not on the voter rolls--often, wrongly deleted. The US is on the verge of a new paradigm for registering voters: automatic, permanent registration of eligible voters, which would add up to 50 million eligible voters to the rolls.

Opponents reasons for voting NAY: (Gov. Christie's veto message on the "Democracy Act", Nov. 2015): Christie called a provision establishing automatic voter registration that requires New Jerseyan to opt out a "government-knows-best, backwards approach that would inconvenience citizens and waste government resources for no justifiable reason." Automatic voter registration would have added 1.6 million people to the state's voter rolls.

(PopVox.org blog)
• TN-8: I have voted in every election federal, state or local that I chose to. If people want to vote there is nothing but laziness preventing them from doing so today! Regarding photo ID's you have one to drive, buy alcohol, and go to the doctor.
• AL-2: This bill is so general that anyone that is alive, has lived, or will live in this century will be able to vote as well as non-Americans, pets, people without voting rights, and some people multiple times.
• TN-3: This bill will surely bring about fixed voting in favor of the one who can cheat the most. How about having a voter photo card and a test to see if they are capable of voting and not just voting for whoever promises them more free stuff.

Holiday on election day; revamp for easier voting access.

• This bill expands voter registration and voting access, makes Election Day a federal holiday, and limits removing voters from voter rolls.
• The bill provides for states to establish independent, nonpartisan redistricting commissions.
• The bill also sets forth provisions for sharing intelligence information with state election officials, and supporting states in securing their election systems, and establishing the National Commission to Protect U.S. Democratic Institutions.
• This bill addresses campaign spending, by expanding the ban on foreign nationals contributing to or spending on elections; and expanding disclosure rules.
• This bill establishes an alternative campaign funding system [with] federal matching of small contributions for qualified candidates.
• The bill also requires candidates for President and Vice President to submit 10 years of tax returns.

  Opposing argument from the Heritage Foundation, 2/1/2019: HR1 federalizes and micromanages the election process administered by the states, imposing unnecessary mandates on the states and reversing the decentralization of the American election process. What HR1 Would Do:

  • Seize the authority of states to regulate the voting process by forcing states to implement early voting, automatic voter registration, same-day registration, online voter registration, and no-fault absentee balloting.
  • Make it easier to commit fraud at the polls through same-day registration, as election officials have no time to verify the accuracy of voter registration.
  • Degrade the accuracy of registration lists by automatically registering individuals from state databases, such as DMV.
  • Cripple the effectiveness of state voter ID laws by allowing individuals to vote without an ID and merely signing a statement in which they claim they are who they say they are.

  Legislative outcome: Passed House 234-193-5 on 3/8/19; received with no action in Senate thru 12/31/2019

  Source: Supreme Court case 19-S949 argued on Jan 3, 2019

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