It has been a long, long haul for Congress to fashion a legislative response to the devastating Citizens United decision by the Supreme Court, which unleashed a flood of unlimited corporate money in elections. Finally, we could almost see the horizon for a legislative response.
After months of prolonged negotiations among congressional leaders and civic groups, they finally produced the DISCLOSE Act (H.R. 5175), legislation designed largely to require full transparency of who is funding campaign ads by corporations, unions and advocacy groups. The House Administration held two hearings in two weeks on the DISCLOSE Act, marked it up in near-final form, and sent it to the House Rules Committee on Thursday to set the terms of the floor debate, which was expected today (Friday).
Thirty minutes before the Rules Committee was scheduled to hold its hearing, I received notice from a colleague outside the Rules Committee room that a sign has been posted on the door:
“Committee Meeting Postponed until Further Notice.”
Turns out we are nowhere near the horizon.
A recent concerted effort to derail the transparency legislation came from the NRA, which fiercely supports the Citizens United decision, backed in part by a few other non-profit groups, such as the Alliance for Justice.
The NRA does not want to disclose its major donors funding their campaign ads. The NRA also does not like the DISCLOSE Act’s disclaimer provision requiring TV campaign ads to list the top five donors for the ads. “There is no legitimate reason to include the NRA in H.R. 5175′s overly burdensome disclosure and reporting requirements,” wrote the NRA to congressional leaders.
The NRA, like most anti-reform advocates, had long argued that all restrictions on money in politics should be eliminated and replaced with full disclosure. The anti-reform mantra was simple: “just have transparency.”
But I suspected all along they really did not believe that, either. Now that the anti-reformers have a Supreme Court that appears intent on erasing a century’s worth of reasonable restrictions on money in politics, the anti-reformers are now attacking disclosure as “too burdensome” and “chilling free speech.”
Public Citizen joined with several other organizations calling upon congressional leaders not to back-peddle, and to pass the strongest DISCLOSE Act possible. In our May 27th letter, we wrote to Congress: “Our organizations urge you to vote for the Van Hollen-Castle legislation to require timely and effective disclosure by corporations, labor unions, trade associations and non-profit advocacy groups of their campaign-related expenditures and the funders of these expenditures.”
But the NRA has a huge campaign budget; we do not. The NRA is ready to target lawmakers in the 2010 elections who do not vote as the NRA wishes. Clearly, this has made congressional leaders nervous.
Congressional leaders have suggested they will revisit the DISCLOSE Act following the Memorial Day recess – all the while resuming further negotiations with the NRA and other advocacy groups who want to rein in the disclosure requirements.
Transparency is at grave risk.
Craig Holman is the government affairs lobbyist for Public Citizen.












Roy
Regarding the DISCLOSE Act hearings based on the Citizens United decision by the Supreme Court legalizing unlimited corporate funding of candidates: The NRA has applied the death blow. Without the passing of the DISCLOSE Act there is nothing to get in the way of a complete right wing takeover of our elections. Good, decent candidates will be literally demolished under mountains of overwhelming onslaughts of vicious, slanderous TV attack ads and robo-calls. Such tactics do work. People are swayed by smears and lies. And in a tight it often makes the difference. Billions of dollars in donations is nothing to Pfeizer, Exxon, or Montsanto. Grassroots funding in comparison to unlimited corporate funding is the same as bringing a penknife to a gunfight. Unless the congress brings the hearing back and passes the Disclosure Act, democracy IS over. I shudder to think of what the aftermath will be. The obvious scenario is once a tidal wave of right wing congressmen (not to mention president) sweep the elections, our laws will be reshaped in accordance to big corporate needs and their devoted supporters of the right wing fringe. They will have dictatorial rule of this country and there will be no stopping them. That is how serious this one single piece of legislature is. Mark my words.
May 28, 2010 at 8:36 pm
David Weller
It’s amazing how much the individual voter will kiss profiteers’ asses in order to keep a buck in taxes. All the while, they pay for those business’s mistakes. Why? Because they’re afraid of losing their upper hand in their own everyday society. The American voter is slammed to the floor now for the final count?
May 29, 2010 at 4:05 am
jim greene
Remember the poster child for campaign financing is Massey Coal Mines and its CEO who spent millions to defeat a Supreme Court Judge in West Virginia. They spent it and defeated the judge that was trying to get them to pay for their mine safety violations. They didn’t have to pay and 26 coal miners just died because it doesn’t cost Massey anything to work them to death in unsafe mines.
Unlimited campaign financing from private interests will bring more coal mine deaths, more pollution to the Gulf of Mexico (only 11 oil riggers killed) and more theft from Wall St Banks
Without regulation the free market is a polluter, a thief and a killer. with unlimited amounts of money
With their money they buy the right to pollute, steal & kill otherwise the expense of clean water , safety and fair dealing reduces their profits
May 31, 2010 at 8:39 pm
Deal with NRA may move DISCLOSE Act forward « CitizenVox
[...] is reporting that Democrats have reached a deal in negotiations over the DISCLOSE Act that would extend an exemption to one portion of proposed campaign finance disclosure rules to a [...]
December 28, 2010 at 10:26 pm