Mr. President, today I will once again introduce with the senior Senator from Mississippi, Mr. Cochran, the Senate Campaign Disclosure Parity Act, a bill to require that Senate candidates file their…
Mr. President, today I will once again introduce with the senior Senator from Mississippi, Mr. Cochran, the Senate Campaign Disclosure Parity Act, a bill to require that Senate candidates file their campaign finance disclosure reports electronically and that those reports be promptly made available to the public. This step is long overdue; indeed I first introduced this bill in 2003. I hope that the Senate will act quickly on this legislation this year.
A series of reports by the Campaign Finance Institute has highlighted the anomaly in the election laws that makes it nearly impossible for the public to get access to Senate campaign finance reports while most other reports are available on the Internet within 24 hours of their filing with the Federal Election Commission, FEC. The Campaign Finance Institute asks a rhetorical question: ``What makes the Senate so special that it exempts itself from a key requirement of campaign finance disclosure that applies to everyone else, including candidates for the House of Representatives and Political Action Committees?''
The answer, of course, is nothing. The U.S. Senate is special in many ways. I am proud to serve here. But there is no excuse for keeping our campaign finance information inaccessible to the public when the information filed by House candidates or others is readily available.
My bill amends the section of the election laws dealing with electronic filing to require reports filed with the Secretary of the Senate to be filed electronically and forwarded to the FEC within 24 hours. The FEC is required to make available on the Internet within 24 hours any filing it receives electronically. So if this bill is enacted, electronic versions of Senate reports should be available to the public within 48 hours of their filing. That will be a vast improvement over the current situation, which, according to the Campaign Finance Institute, requires journalists and interested members of the public to review computer images of paper-filed copies of reports, and involves a completely wasteful expenditure of hundreds of thousands of dollars to re-enter information into databases that almost every campaign has available in electronic format.
The current filing system also means that the detailed coding that the FEC does, which allows for more sophisticated searches and analysis, is completed over a week later for Senate reports than for House reports. This means that the final disclosure reports covering the first two weeks of October are often not susceptible to detailed scrutiny before the election. According to the Campaign Finance Institute, in the 2006 election, ``[v]oters in six of the hottest Senate races were out of luck the week before the November 7 election if they did Web searches for information on general election contributions since June 30. . . . In all ten of the most closely followed Senate races voters were unable to search through any candidate reports for information on pre-general election (October 1- 18) donations.'' And a September 18, 2006, column by Jeffery H. Birnbaum in the Washington Post noted that ``When the polls opened in November 2004, voters were in the dark about $53 million in individual Senate contributions of $200 or more dating all the way back to July. . . .''
Because the Senate failed to pass this bill last Congress, even though we had 48 bipartisan cosponsors and no known opposition, and even though the Senate Rules Committee reported the bill by voice vote, the same problem existed for Senate elections in the 2008 cycle. In addition, because of the expense, when the FEC puts information from the paper filings in its electronic database, it only enters contributions, not expenditures. So anyone interested in how a Senate campaign is spending its money has to consult the paper forms.
As Roll Call said in its recent editorial in favor of the bill, ``[i]t's time for this nonsense to come to an end.'' It is time for the Senate to at long last relinquish its backward attitude toward campaign finance disclosure. I urge the enactment of this simple bill that will make our reports subject to the same prompt, public scrutiny as those filed by PACs, House and Presidential candidates, and even 527 organizations. I close with another question from the Campaign Finance Institute: ``Isn't it time that the Senate join the 21st century and allow itself to vote on a simple legislative fix that could significantly improve our democracy?'' This Congress, let us finally answer that question in the affirmative.
I ask unanimous consent that the text of the bill and the Roll Call editorial be printed in the Record.
[From Roll Call, Feb. 11, 2009]
Outrageous
In this year when ``transparency'' is all the rage, it
would be appropriate for the Senate--at long last--to join
the House and every federal political committee in filing
campaign finance reports electronically.
Fundraising and spending reports for the end of 2008 were
due on Jan. 31. Reports for House Members and candidates and
the Republican and Democratic parties and their campaign
committees all were instantly available to the media,
watchdog groups and the public on the Federal Election
Commission's Web site.
But Senate reports take weeks from the filing deadline to
make it into the public realm. And when they are made
available, it's at the conclusion of a circuitous process
that costs taxpayers an estimated $250,000 a year that could
be far better spent elsewhere--almost anywhere else--or
simply used to narrow the federal deficit.
Moreover, because of the expense, the FEC does not
electronically post Senate campaign expenditures, only
contributions--a gap that Steve Weissman of the Campaign
Finance Institute correctly calls ``outrageous.''
Senators use FEC-approved software to compile their
reports, but then they snail-mail paper copies to the office
of the Secretary of the Senate, which then scans some 27,000
pages and sends them electronically to the FEC.
They can be then combed through page by page on the FEC Web
site, but not digitally manipulated or matched. The FEC hires
a contractor to key the data into digital form. Only then, a
month or more after the filing deadline, can the data be
searched and connections made, if any, between money
collected and votes or positions Senators or their opponents
have taken.
But it still takes page-by-page searching to review
candidates' spending--to determine, for instance, if
candidates' relatives are on the campaign payroll.
All this ridiculous complexity is necessary because in 2000
the Senate exempted itself from an electronic filing
requirement written into the FEC's appropriation. Legislation
to correct the situation has been regularly introduced by
Sen. Russ Feingold (D-Wis.), and it's regularly had dozens of
co-sponsors.
But it's never passed. Change was resisted at first by Sen.
Robert Byrd (D-W.Va.), who wanted to maintain a fusty Senate
``prerogative,'' and then by various Republican Senators who
wanted to attach amendments that amounted to ``poison
pills.''
Last year, the Senate Rules and Administration Committee
approved the bill for floor action, but it was blocked by
Sen. John Ensign (R-Nev.) who sought to add a provision
requiring disclosure of the donors to any organization filing
ethics complaints against a Senator. The bill never was voted
on.
It's time for this nonsense to come to an end. Feingold is
planning to re-introduce the measure soon. It ought to be
processed promptly by the Rules Committee, now chaired by
Sen. Charles Schumer (D-N.Y.), and pushed to the floor for
passage as early in the year as possible so if it's subject
to more shenanigans, they can be exposed and resolved.