Committee Holds Second Hearing on DISCLOSE Act

The House Administration Committee held its second hearing on the DISCLOSE Act (H.R. 5175), a bill that would require increased reporting of political campaign spending. House Administration Committee Chairman Robert Brady (D-PA) said, "The bill does not play political favorites. It applies alike to corporations, labor unions, trade associations and nonprofit advocacy organizations."

Former Federal Election Commission (FEC) Commissioner Trevor Potter said that the disclosure provisions are consistent with the Supreme Court's ruling in Citizens United v. Federal Election Commission. In his opening statement, Potter noted that in the majority opinion, Justice Kennedy "made two things very clear: First, it is generally constitutional to require disclosure of the sources of funding for spending in federal elections, whether or not that spending 'expressly advocates' the election or defeat of a federal candidate. Second, he and seven other Justices were clear that they thought such disclosure was entirely appropriate and useful in a democracy."

The Democratic primary in Arkansas currently highlights why some are promoting the DISCLOSE Act. Groups are spending millions of dollars on political ads in preparation of the May 18 primary, but many of their FEC reports do not reveal the original sources of the ads' funding. According to BNA Money and Politics ($$), the U.S. Chamber of Commerce and the 501(c)(6) Americans for Job Security, have spent a combined total of about $1.8 million through May 7 on ads either supporting Senator Blanche Lincoln (D-AR) or attacking her opponent Bill Halter. "The reports provided no information about who may have contributed the money used by the nonprofit business associations to pay for the ad campaign."

Currently, only donations to groups sponsoring political ads have to be reported if they are earmarked "for the purpose of furthering" an ad campaign.

Meanwhile, as predicted, the Citizens United case is even more likely to be an issue in confirmation proceedings since Solicitor General Elena Kagan has been announced as the Supreme Court nominee. Kagan represented the government, and many are now considering if her role in the case had an impact in the nomination and if it will impact her confirmation.

When President Obama formally introduced Kagan as the nominee, he applauded her choice to make Citizens United her first argument. "I think it says a great deal about her commitment to protect our fundamental rights, because in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens."

Citizens United president David Bossie issued a statement in response to the nomination stating, "I urge the Senate to reject Elena Kagan's nomination to the Supreme Court. Every American has a fundamental right to speak out for or against their elected representatives without fear of reprisal, and a nominee who does not respect that right has no business on our nation's highest court."

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