Luis Gutierrez 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.

Keep campaign soft money; allow legal resident contributions.

The Congressional Hispanic Caucus (CHC) adopted principles on campaign finance reform today to ensure that the reform efforts underway in Congress do not limit the growing Latino population’s path to political empowerment. The CHC principles support maintaining the hard money individual contribution limit at $1000, allowing “soft money” to be used strictly for voter registration and turnout activities, ensuring that legal permanent residents are not stripped of their right to make campaign contributions, and raising election reform as philosophically linked to campaign finance reform without slowing down legislative progress on either effort. “These principles are very important to the empowerment of minorities and we will press forward to ensure they are addressed in whatever legislation is ultimately passed by Congress,” said Silvestre Reyes, Chair of the CHC. “We in the Congressional Hispanic Caucus hope to join with the Congressional Black Caucus to advance these principles.”

Congressional Hispanic Caucus (CHC) adopted principles on campaign finance reform:
1. The CHC opposes the increased hard dollar campaign contribution limits as passed by the Senate. The limit in current law is $1000, and the Senate amended McCain-Feingold to raise the limit to $2000, indexed for inflation.
2. The CHC supports exemptions that would allow soft money to be used strictly for voter registration and get-out-the-vote activities.
3. The CHC supports the right of legal permanent residents to make campaign contributions. Current law allows this, but past amendments to campaign finance reform bills have sought to outlaw legal permanent residents’ right to make campaign contributions.
4. While campaign finance reform and election reform are linked philosophically because they seek to strengthen the integrity of our democracy, the CHC does not rule out nor necessarily support linking the two issues legislatively.

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.

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.

Require full disclosure of independent campaign expenditures.

Congressional Summary:

• Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2012 or DISCLOSE Act:
• Amends the Federal Election Campaign Act of 1971 (FECA) to add to the definition of "independent expenditure" an expenditure by a person that expressly advocates the election or defeat of a clearly identified candidate, or takes a position on a candidates, qualifications, or fitness for office.
• Expands the period during which certain communications are treated as electioneering communications.
• Prescribes disclosure requirements for corporations, labor organizations, and certain other entities, including a political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under FECA (but only with respect to such accounts).
• Repeals the prohibition against political contributions by individuals age 17 or younger.

• On January 21, 2010, the Supreme Court, in Citizens United v. Federal Election Commission, ruled that prohibiting corporations and unions from making independent expenditures in political campaigns was unconstitutional. This ruling is frequently described as permitting corporations and unions to donate to political campaigns, but these claims are incorrect. The ruling did remove the previous ban on corporations and organizations using their funds for direct advocacy, including endorsing for or against specific candidates, actions that were previously prohibited.

  The result of Citizens United was that "Super PACs" spent millions on TV ads in the 2012 election, advocating both issues and candidates. The DISCLOSE Act attempts to reduce the negative effect of Citizens United by requiring disclosure of independent expenditures made by advocacy groups.

  Source: S3369/HR4010 12-HR4010 on Feb 9, 2012

  Establish 15 days of early voting in all states.

  Gutierrez co-sponsored SIMPLE Voting Act

  A BILL to amend the Help America Vote Act of 2002 to require States to establish a minimum period of 15 days for early voting prior to the date of an election for Federal office and to ensure that no individual will be required to wait for longer than one hour to cast a ballot at a polling place in an election for Federal office.

  • This Act may be cited as the 'Streamlined and Improved Methods at Polling Locations and Early Voting Act' or the 'SIMPLE Voting Act'.
  • Each State shall allow individuals to vote in an election for Federal office on each day occurring during the 15-day period which ends 2 days before the date of the election, in the same manner as voting is allowed on such day.
  • Minimum Early Voting Requirements: Each polling place shall allow such voting for not less than 10 hours on each day; and have uniform hours each day for which such voting occurs.
  • Location of Polling Places Near Public Transportation: To the greatest extent practicable, a State shall ensure that each polling place is located within reasonable walking distance of a stop on a public transportation route.
  • A Commission shall issue standards for the administration of early voting, including the nondiscriminatory geographic placement of polling places at which such voting occurs.
  • The standards shall permit States to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout.
  • Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at each polling place to ensure that no individual will be required to wait longer than one hour to cast a ballot.
  Source: H.R.6591 12-HR6591 on Nov 15, 2012

  No photo IDs to vote; they suppress the vote.

  Gutierrez signed Voting Rights Amendment Act

  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].

  Source: H.R.3899/S.1945 14_H3899 on Jan 16, 2014

  Establish "My Voice Voucher" small campaign contributions.

  Gutierrez co-sponsored Government By the People Act

  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.

  Source: H.R.20 14-H0020 on Feb 5, 2014

  Public financing of federal campaigns by voter vouchers.

  Gutierrez co-sponsored H.R.20 & S.366

  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.

  Source: Government By the People Act 15_H020 on Jan 21, 2015

  Statehood for the District of Columbia.

  Gutierrez co-sponsored H.R.317

  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.

  Source: New Columbia Admission Act 15_H317 on Jan 13, 2015

  Automatic voter registration for all citizens.

  Gutierrez co-sponsored H.R.12 & S.1088

  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.
  Source: Voter Empowerment Act 15-H12 on Mar 19, 2015

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