Artur Davis 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 YES 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 YES 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.

Voluntary public financing for all general elections.

Return Politics to the People
At a time when much of the world is emulating American values and institutions, too many Americans have lost confidence in their political system. They are turned off by a partisan debate that often seems to revolve not around opposing philosophies but around contending sets of interest groups. They believe that our current system for financing campaigns gives disproportionate power to wealthy individuals and groups and exerts too much influence over legislative and regulatory outcomes.

The time for piecemeal reform is past. As campaign costs soar at every level, we need to move toward voluntary public financing of all general elections and press broadcasters to donate television time to candidates.

The Internet holds tremendous potential for making campaigns less expensive and more edifying and for engaging Americans directly in electoral politics. We should promote the Internet as a new vehicle for political communication and champion online voting.

Goals for 2010
• Introduce voluntary public financing for all general elections.
• Allow properly regulated voter registration and voting online.
• Implement civic education courses in every public school.

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.

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.