Luján, Van Hollen Reintroduce Campaign Finance Reform Bills to Strengthen FEC, Revitalize Public Financing of Presidential Campaigns

Washington, D.C. – This week, U.S. Senators Ben Ray Luján (D-N.M.), and Chris Van Hollen reintroduced two campaign finance reform bills to bring dramatic and necessary change to our nation’s campaign finance system, which currently enables wealthy private interests to hold outsized influence over the American political process. The Senators’ Empowering Mass Participation to Offset the Wealthy’s Electoral Role (EMPOWER) Act, would revitalize presidential campaign public financing and is led by Congressman Ted Lieu (D-Calif.) in the House. The Senators’ Restoring Integrity to America’s Elections Act, would eliminate gridlock and strengthen the Federal Elections Committee (FEC) and is led by Congressman Derek Kilmer (D-Wash.) in the House.

“With the ever-growing influence of big money in politics, it’s time for Congress to reform America’s outdated campaign finance system. I’m proud to reintroduce these bicameral bills that will help ensure candidates put the interests of voters above special interests, while strengthening accountability for those who violate campaign law,” said Senator Luján.

“Free and fair elections are the cornerstone of our democracy, but since the Supreme Court’s wrong and reckless 2010 Citizens United decision, our nation’s campaign finance laws have given big corporations and deep-pocketed special interests enormous power in politics with almost zero transparency. By curbing the influence of dark money in presidential races and strengthening the FEC’s ability to enforce our campaign finance laws, these bills will help return more political power to the American people – where it belongs,” said Senator Van Hollen.

“The presidential public financing system was designed to give candidates from all different backgrounds a chance to compete – not just those who are wealthy or have wealthy friends,” said Congressman Lieu. “However, since the disastrous Citizens United decision, wealthy corporations, special interest groups and mega-donors have had an outsized influence on the electoral process, leaving everyday Americans shut out. Our bicameral bill, the EMPOWER Act, would revitalize the presidential public financing system to level the playing field among candidates and put power back in the hands of the American people.” 

“Congress initially set up the Federal Election Commission after Watergate to be the referee, tasked with blowing the whistle on politicians and groups that cheat and undermine the interests of ‘We the People’,” said Rep. Kilmer. “Unfortunately, in recent years, the FEC has become dysfunctional, jeopardizing enforcement of the rules. This bill is about getting the referee back on the field. Meaningful, substantial reforms at the Commission need to happen to get back to weeding out campaign finance abuse and holding those who break the rules accountable.”

Background on the EMPOWER Act

The EMPOWER Act would modernize the presidential public financing system to help publicly-funded candidates compete and increase the power of small-dollar donors. Supporting a competitive public funding option for presidential candidates encourages public participation and incentivizes candidates to be responsive to every American instead of wealthy hidden campaign donors. Bill text can be viewed here.

This legislation:

• Eliminates spending limits on participating candidates: Candidate spending limits are no longer viable in the wake of Citizens United since outside groups can now make unlimited expenditures funded by unlimited contributions to oppose candidates. There would be a limit on the total amount of matching contributions available to a presidential candidate to avoid draining public funds. 
• Increases the amount of matching funds for participating candidates: The first $200 of contributions by individuals to presidential candidates would be matched with public funds at a 6:1 ratio, increased from the current 1:1 match for the first $250. For example, a candidate participating in the system would receive $1,200 in public funds for a $200 contribution, and would end up with a total of $1,400. This would provide important new incentives for citizens to give and for candidates to seek small donations from supporters. 
• Requires participating candidates to agree to accept contributions of no more than $1,000: The current individual contribution limit of $2,800 per donor, per election, would be reduced to $1,000 per donor, per election, for candidates who participate in the system. The present contribution limit would remain unchanged for candidates who do not participate in the system.
• Empowers national parties to compete alongside Super PAC dollars: In order to allow candidates to respond to a deluge of Super PAC dollars, national parties could make $100,000,000 in expenditures in coordination with their general election presidential candidates participating in the system.

Background on the Restoring Integrity to America’s Elections Act

The Restoring Integrity to America’s Elections Act will restructure the Federal Election Commission (FEC) and restore its role as an effective and timely enforcer of campaign finance regulations. The bill streamlines the FEC’s enforcement processes while maintaining safeguards to protect the rights of alleged violators. Bill text can be found here.

This legislation:

• Changes the structure of the FEC to break deadlock: The number of appointed commissioners would be reduced from six to five, with two members from each major party and one independent. This change would bring the FEC more in line with how most other independent agencies are structured, while ensuring the president’s party would not hold the majority. A Blue-Ribbon Advisory Panel, convened by the president, will recommend individuals for appointment to the Commission.
• Improves the FEC investigative process: Today, the FEC acts far too slowly in enforcing campaign finance violations. It can often take years to determine whether an investigation should even begin after a potential violation has occurred. The Restoring Integrity to America’s Elections Act streamlines the FEC’s enforcement processes while maintaining safeguards to protect the rights of alleged violators. Upon the filing of a complaint, the FEC’s general counsel is given authority to determine whether there is reason to believe a violation has occurred, and that determination will stand unless a majority of the Commission votes to overrule the general counsel within 30 days. If a “reason to believe” determination is made, the FEC investigates the matter and the Commissioners decide whether a violation has occurred. 
• Strengthens enforcement of campaign finance violations: In cases where the agency fails to act on a complaint within one year of its filing, the Act allows the complainant to seek judicial review in the district court for the District of Columbia of whether the failure to act is contrary to law. The Act also makes permanent the FEC’s authority to impose administrative penalties for certain violations of the law. 
• Makes permanent the FEC’s authority to impose administrative penalties for certain violations of the law.

The EMPOWER Act and Restoring Integrity to America’s Elections Act are endorsed by: End Citizens United/Let America Vote, Public Citizen, Common Cause, Democracy 21, and Stand Up America.

“Thanks to coordinated efforts by Republicans and their dark money backers, the Federal Election Commission has been mired in dysfunction and gridlock, leading to unfettered corruption and a toothless agency,” said Tiffany Muller, President of End Citizens United // Let America Vote Action Fund. “The Restoring Integrity to America’s Elections Act will ensure the FEC is fully functioning to hold bad actors accountable and enforce anti-corruption laws. We’re thankful for Senator Van Hollen, Senator Luján, and Representative Kilmer’s continued leadership on rooting out corruption in our political system.”

“Since the disastrous Citizens United decision, billionaires and dark money groups have drowned out the voices of the American people through unlimited and undisclosed campaign donations,” said Tiffany Muller, President of End Citizens United // Let America Vote Action Fund. “The EMPOWER Act is necessary and long overdue legislation that will root out corruption and make our political leaders accountable to people in their community, not big political donors, billionaires, and corporate special interests. We’re incredibly grateful to Senator Van Hollen, Senator Luján, and Representative Ted Lieu for introducing this legislation and ensuring that our government isn’t bought and paid for by the highest bidder.”

“Following a wave of hostile court rulings and congressional inaction, the financing of campaigns has returned once again to the Wild West, with contribution limits readily evaded and enforcement grounded to a halt by a deadlocked Federal Election Commission. The Restoring Integrity to America’s Elections and EMPOWER Acts provide an opportunity to restore reasonable limits on money in politics. The Restoring Integrity to America’s Elections led by Senator Van Hollen, Senator Lujan, and Rep. Kilmer would turn a dysfunctional FEC into a functioning elections cop. The EMPOWER Act led by Senator Van Hollen, Senator Luján, and Rep. Ted Lieu, would revitalize the presidential public financing system, displacing unlimited special interest money with a competitive program that elevates the value of small donations from average citizens,” said Craig Holman, Ph.D., Public Citizen.

“All Americans deserve to have their voices heard in our democracy, regardless of the size of their wallet. However, for far too long, big money and special interests have had a megaphone to drown out the voices of everyday Americans,” said Marilyn Carpinteyro, co-interim president of Common Cause. “We applaud Senator Van Hollen, Senator Lujan, and Rep. Ted Lieu for reintroducing the EMPOWER Act to help amplify the role of small donors in presidential elections and the Restoring Integrity to America’s Elections Act led by Senator Van Hollen, Senator Luján, and Rep. Kilmer to help strengthen the Federal Election Commission so it can better enforce campaign finance laws, and we urge Congress to pass both of these bills.”

“The EMPOWER Act takes a crucial step towards modernizing presidential public financing, addressing a need to reform our broken campaign finance system, which unfairly favors wealthy donors. The Restoring Integrity to America’s Elections Act reforms and strengthens the FEC and its ability to enforce our election and campaign finance laws. Collectively, these bills will create a more transparent and equitable electoral system, ensuring everyday Americans can elect their representatives and not billionaire individuals or corporations,” said Brett Edkins, Managing Director for Policy and Political Affairs at Stand Up America. “Stand Up America thanks Senator Van Hollen, Senator Luján, Rep. Ted Lieu, and Rep. Kilmer for their commitment to reducing the influence of wealthy corporate donors in our elections. We are proud to stand in support of these vital reforms.”

###