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Federal Legislation


The House and the Spouse: Bill Passed Yesterday Prohibiting Compensation for Spousal Campaign Work PDF Print Email
Federal Legislation
By Bob Bauer   
July 24, 2007
This article was posted at Bob Bauer's Blog and is reposted here with permission of the author.
 
For years, candidates have enjoyed “wide discretion” in the use of their personal campaign monies, up to the point that there was a question of “personal use.”  See FEC Advisory Opinion 2001-08; 11 CFR Part 113 (Use of Campaign Accounts for Non-Campaign Purposes). The House yesterday acted to expand the personal use restriction, passing a bill to prohibit the payment for services rendered by a spouse to a candidate’s campaign committee or Leadership PAC. 

 

Spouses (and other family members) could once labor for their candidate’s committee, for pay, if their services were fairly valued and compensated by market standards.  Now the House, reacting to highly publicized allegations of excess, has imposed a blanket prohibition of paying the spouse for these services, and it has also included a requirement that the candidates report any compensation of other family members.  

 

The bill has been fashioned with interesting features and it was changed on notable points from the version originally introduced. It may influence, beyond the immediate issue addressed, the development of the law on Leadership PACs and on candidates’ personal liability for campaign finance law violations.

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House Passes Bill Prohibiting Deceptive Practices in Campaigns PDF Print Email
Federal Legislation
By Warren Stewart, VoteTrustUSA   
June 26, 2007

On Monday, the U.S. House of Representatives passed the Deceptive Practices and Voter Intimidation Prevention Act (HR 1281) in a bi-partisan voice vote. The bill would make it a federal crime to knowingly provide false information with the intent to disenfranchise another person in a federal election. Violators would be subject to five years in prison and fines of up to $250,000.


The bill would have limited the time frame for infraction to 60 days preceding a federal election. A committee amendment offered by ranking member Lamar Smith (R-TX) made deceptive practices punishable year-round. Under the bill, the Attorney General would be required to establish a Voting Integrity Task Force within the Justice Department to “undertake all effective measures necessary to provide correct information to voters” and refer matters to the Justice Department’s Civil Rights Division for prosecution.

The legislation was initially introduced in the Senate in the last session by Senator Barack Obama (D-IL), who has a similar bill pending in this session. The Senate bill, unlike the House version has a provision that would allow private parties, rather than just the Justice Department, to bring lawsuits in order to block deceptive practices during an election campaign.

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HR 811: A Reliable, Verifiable Vote in 2008 PDF Print Email
Federal Legislation
By Bill Richardson, Governor of New Mexico   
June 20, 2007
In November 2008, voters will go to the polls and choose the next president of the United States and their representatives to Congress — or will they?

According to Common Cause, more than a third of our states still use voting machines that do not support hand recounts and provide no auditable paper trail. “One person, one vote” is the hallmark of America’s democracy, but to make sure that our next president is elected by people, not by the malfunction of an electronic voting machine, we must immediately move to a durable paper-ballot system backed by regular audits in every state in the nation. For these reasons, Congress should quickly pass H.R. 811, the Voter Confidence and Increased Accessibility Act of 2007, introduced by Rep. Rush Holt (D-N.J.) and cosponsored by more than 220 Democratic and Republican members of Congress.

Every federal election since 2000 has clearly shown that these machines can and do malfunction. In New Mexico, in 2002 these voting systems lost the votes of almost 13,000 citizens, and in 2004 they failed to register the candidate of choice for many voters. If there is no accurate and verifiable paper record of voter intent, there is no accountable means of determining a winner. Worse still, voter confidence is damaged and diminished. Any elected official’s authority is only as strong as the voter’s belief that the election was won fair and square.
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Redistricting Reform: Tanner, Lofgren, Wamp Call for Judiciary Hearings PDF Print Email
Federal Legislation
By Rep. John Tanner, Rep. Zoe Lofgren, and Rep. Zach Wamp   
June 17, 2007

Play The ReDistricting Game! 

 

U.S. Reps. John Tanner (D-TN), Zoe Lofgren (D-CA) and Zach Wamp (R-TN) today asked the House Judiciary Committee to hold hearings on Congressional redistricting reform.

Tanner and Wamp have introduced the Fairness and Independence in Redistricting Act (H.R. 543), and Congresswoman Lofgren has introduced the Redistricting Reform Act of 2007 (H.R. 2248). Both bills would create independent commissions in each state to conduct redistricting and would ban mid-decade redistricting.

The text of their letter to Judiciary Committee Chairman John Conyers and Judiciary Committee Ranking Member Lamar Smith follows:

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HR 811: Separating Truth From Fiction in E-voting Reform PDF Print Email
Federal Legislation
By Matt Zimmerman, Electronic Frontier Foundation   
June 13, 2007
This article was posted on the Deep Links Blog at the Web site of the Electronic Frontier Foundation website and is reposted here with permission of the author.

 

After years of painstaking lobbying, e-mail and phone campaigns, congressional hearings, and committee markups and amendments, Rep. Rush Holt's Voter Confidence and Increased Accessibility Act finally appears poised for a floor vote in the House of Representatives. With an impressive 216 bipartisan co-sponsors, the bill has a real chance of passing. If signed into law, HR 811 would dramatically improve the electoral process in both the short and long term. While it would not solve the immense shortcomings in the current system, HR 811 would take a giant step towards returning much-needed transparency and accountability to the process.

 

Not unexpectedly, now that the bill has gained traction in the 110th Congress, critics have descended onto the bill with a fury, complaining that it is too weak or too strong, that its deadlines are too ambitious or too distant, that it takes too much autonomy away from the states or not enough.

 

HR 811 is not perfect. Few bills are. And honest debate about a matter as important as election integrity is always helpful to the process. However, much of the ostensibly pro-transparency criticism of HR 811 has sadly taken a detour away from being useful and descended into hyperbole, fear-mongering, and uninformed posturing. Returning to the substance of the bill and its actual consequences is long overdue.

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