Mr. President, this is a very interesting night on the Senate floor as many of us keep coming down and talking about what it means, the money involved in politics, and the corrupt system that is now plaguing us with these super PACs and…
Mr. President, this is a very interesting night on the Senate floor as many of us keep coming down and talking about what it means, the money involved in politics, and the corrupt system that is now plaguing us with these super PACs and these 501(c)4s. I bet if we asked the average person what is a 501(c)4, they would have no idea. We would say, turn on the TV in one of those swing States and see 1 of those 1,000 ads in a week; that is a 501(c)4 running those ads.
I know it is late here. It is not too late from Alaska's perspective; it is late here. It is around 11 o'clock in Washington, DC. In Alaska it is about 7 o'clock, the sun hasn't set, and here we are in the Senate talking about what is important not only to my folks in Alaska but also to the rest of the folks in this country.
It is just July and we are already up to our elbows in negative and dirty and distorted attack ads. Imagine what it will be like by November. These kinds of negative ads are cheap-shot ads, many of them funded by anonymous donors who make outrageous negative claims based on half truths at best and outright lies at worst, all paid for by secret fat cats and unlimited deep pockets--money that no one knows where it comes from. Alaskans tell me when I am back there--and I try to get back there at least twice a month or more and I hear from Alaskans all the time. They are fed up with it. I know we are fed up with it. I think the American people are fed up with it. So I am happy to join my colleagues tonight to stand up and fight back, demanding transparency-- something so simple. That is all we are asking for tonight: transparency, openness, and honesty.
I don't know what they are afraid of. If you contribute money, you should be proud and excited about who you are supporting. For some reason they hide. They don't want people to see who they support.
I want to take a few minutes--I know many people have heard tonight, who have been watching and listening, and maybe it has been through C- SPAN or through news clips or whatever else might be going on, through our own Web sites--to describe how we got here, why we are in this dilemma. The Citizens United case expanded free speech rights to corporations as if they are free people. Whoever thought ``corporate personhood'' would become part of our vocabulary?
In fact, Alaskans are very concerned about this. Just last week, the city and borough of Sitka passed a resolution about the opposition to corporate personhood. I ask unanimous consent to have printed in the Record this resolution from a small community in Alaska that is concerned about the issue.
I also want to talk about the solution to a growing problem, and that is the DISCLOSE Act. As I presided, sitting where the Presiding Officer is now, and now down on the floor, I noticed no one from the minority is here in this Chamber countering or debating what we are talking about tonight. They are at home away from the TV cameras because earlier this evening they voted in a bloc against moving the DISCLOSE Act forward. That is kind of interesting because I don't know how many times I hear from the other side: Please let us have the right to have a debate on a subject matter. Don't filibuster it; don't require 60 votes. Let us vote. Let us amend these kinds of issues. So all we are saying is, Let's get to the vote. They would get a chance to amend it if they want, if they don't like pieces of it, but they won't let us do that. They voted in favor of unlimited negative political ads. They voted against transparency, openness, and honesty. They voted against the American people. They should be ashamed. They should be in hiding.
So what exactly is Citizens United? The Citizens United ruling by the Supreme Court--again, that many of us have spoken about already--2 years ago opened the floodgates to unlimited corporate and special interest money in elections. As a result, corporations and other wealthy interests exert vast influence in our political system through secret, anonymous, untraceable money. Individuals, ordinary Americans, are having their voices drowned out. Super PACs--we hear that phrase often--disclose their donors, but these 501(c)4s--that is what they are called, 501(c)4 groups, which is a code underneath the IRS code--they are actually called--this is what is amazing--social welfare organizations, 501(c)4s. They don't have to disclose anything. They can run their own negative ads or they can give unlimited money to super PACs without any disclosure. Either way, they don't have to disclose their donors.
The era of secret money is here, and it is a lot of money. We have heard the numbers. This year, we estimate almost $1 billion will be spent in negative ads no one has to know who is paying for. If they love these ads, if they think they are so great and they are so factual, all we are asking is to tell us who you are, tell us what you are doing.
When I was mayor of Anchorage, I had to deal with a group like this in one of my reelection campaigns. They ran an ad. No one knew who they were, but I had a pretty good idea. I started talking about it. I will tell my colleagues what happened. In Anchorage, people rejected those ads. I won my reelection. I won the largest margin in my city's history. But they started running these secret ads. They didn't want to disclose themselves. They didn't like a decision I made and then they never came forward, but we knew who they were.
Again, we think it will be up to $1 billion. They have already spent a quarter of a billion dollars.
The last time we had an issue such as this in this country around electioneering in the sense of elections being bought by very special interest groups was around 1972. Some people may not remember the history, but all I have to say is a couple of words: Scandal. Watergate. That is what happened. It was election money--more money than people could ever imagine. The rules were unlimited in 1972. As a matter of fact, it got so bad that it was truly a constitutional crisis. The President had to resign. Think about it. That was the last time we did election reform in the sense of campaign financing. And campaign financing reform came in fast and furious after that, because it was corruption with the money of a very few people. It brought down our President at that time and almost brought down this country.
Things have changed quite a bit since then. I want to give a couple of stats because I think it is important to know where we have been and where we are in the sense of this debate. Forty years ago was the last time we had meaningful, aggressive election reform in the sense of campaign financing. Back then we could buy a gallon of gas for 55 cents. Imagine that. HBO was launched as the first paid-for cable network channel, or TV station. Today, cable is everywhere and the amount of money flowing into it is enormous. Digital watches were introduced. Everything is digital now. Back then it was just beginning, but it was a different era. It was a crisis that occurred with the corruption of money that tried to buy our governments, buy every elected official they could get their hands on, and in that case the Presidency. That was 40 years ago.
Now here we are. When we think about the money that will be spent this time--$1 billion--almost 70 percent of the money so far has been used for negative ads. Poll after poll, I don't care if it is a scientific poll or sitting at the coffee shop, or when I am traveling around Alaska--people hate negative ads. But they continue to buy them and they never want to tell anyone who is paying for them. Again, if they are so proud and they are factual, step to the plate.
The election is 4 months away from now and we are going to see an enormous amount of ads. When I think about how this affects my State of Alaska--not so long ago, Alaska had some of the strictest campaign finance laws in the country. Alaskans said we don't want outside money or a few rich locals buying elections.
Let me give an example. Five hundred dollars is the maximum amount one can contribute to a candidate in a calendar year. Individuals, nonresidents, the maximum amount for a Governor's race is $20,000, total. Corporations, business organizations, unions in Alaska, prohibited. Groups from outside, not based in Alaska, prohibited. Nongroup entities based outside of Alaska, prohibited. We have some of the toughest laws.
But now this effort is stepping on what citizens did through an initiative. They put at risk our State laws. Now corporations can make independent expenditures on behalf of State candidates in Alaska, which they could not do before. Our own campaign financing agency in Alaska just issued an opinion that will allow for unlimited spending. This will allow outside groups and money to influence Alaskans in Alaska elections--exactly what we didn't want, through our own citizens initiative.
There is one thing we don't like in Alaska and that is outsiders telling us how to do our business. They did that for decades and took everything they could out of Alaska. Every dime, every inch of land they could take in the sense of ownership of mineral resources, they took it all for their benefit--for a few. Alaskans said, No more. Not only did we change our laws that govern, we also changed our elections law. Citizens did this.
What can we do in Congress? It is so simple: disclosure and transparency.
Members of both parties have said for decades that sunlight, as we heard tonight, is the best disinfectant. We need more transparency. I am a huge advocate for transparency. I post my own schedule. I post my financial statements. I disclose my wife's income, which is not required. I called for crop insurance transparency. I cosponsored the STOCK Act.
People just want to know what we are up to. And these corruptive systems of a few, a dozen or so, who are trying to buy this election for their own personal gain--we just want to know who they are. They can spend the money they want, but we want to know who they are.
Transparency, disclosure, used to be a bipartisan idea. Senator McConnell said himself many times--we heard this earlier; I want to repeat it because sometimes what happens around this place, I have noticed after only 4 years here, is memories get very vague of what people said before and suddenly they change their ideas based on the politics, not the policy--here is his direct quote from 15 years ago:
I think disclosure is the best disinfectant. I think it
gives our constituents an opportunity to decide whether or
not we're in the clutches of some particular interest group
and whether or not that's a voting issue for them. I'm
certainly in favor of enhanced disclosure.
That is from the minority leader. Nearly every Senator in this body, on both sides of this aisle, has said they want more transparency. Polls show Americans want to know exactly who spends money to influence elections--they want to know it--because they want to have more faith in their representatives. Maybe this explains why they are angry at us, why Congress has such a low rating.
The bill is very simple. I know people have said it over and over again, but sometimes I think we have to repeat it. The bill is very simple. It requires any organization that spends $10,000 or more on influencing politics to file a simple--simple--disclosure report with the FEC, the Federal Elections Commission. It is not complicated. Every group is treated the same. I have received a few e-mails. I have to say, the e-mails on this issue: all for it, except for only one against, so far. I know once I have said this, tomorrow I will see a ream of them because five or six of these special interest groups will be churning out stamped-out letters.
But this treats everyone the same: corporations, nonprofits, labor unions, 501(c)(4)s, 527 organizations. They only have to disclose money spent on elections, and only from individuals giving more than $10,000.
Under this bill, money given to these groups for other purposes does not need to be disclosed, despite what you read in the papers and the blogs--the misinformation that is put out there or by the undisclosed groups that tell you the misinformation, that will not tell you who they are but want to give you more misinformation.
This is a new and improved version of the DISCLOSE Act that failed on the Senate floor 2 years ago by just one vote. Under that bill, the cutoff for disclosure was $600. Now, in this bill before us tonight, the threshold is $10,000. That is not too much to ask. If you give $10,000 or more for negative political attack ads that distort the truth, the American people deserve to know who you are. And if you are so proud of those ads, you should disclose who you are.
The bill will not force groups to release their member lists. Some people have e-mailed me. I want to make it very clear, if you belong to the NRA--and I belong to the NRA. I am a lifetime member. Actually, I do not have any problem with the NRA releasing my name. If they want to put it on their Web site that I am a lifetime member, go for it, I am all for it. I am proud to be a member. Put my name up there. But this does not require us--if you are a dues-paying member to a group such as the NRA, your name will not be listed. So that misinformation from some groups out there, shame on them.
This bill is not an unconstitutional restriction on free speech. The DISCLOSE Act puts no restrictions on speech and is fully consistent with the Supreme Court decision.
The bill also incorporates the Court's ``effective disclosure'' rules.
Let me sum it up. This bill--and I think the Senator from Arkansas spoke to this, and I thought it was great because we always hear that these bills are so big, they are pages--this is it. If you look at it, it is double-spaced. It takes only half the page, each one. It is not complicated, pretty simple.
The bill is narrowly tailored and very simple. It does not prevent any special interest group or any corporation from donating any amount they want. All we are asking is, tell us who you are. When I say ``us,'' not us here--the American people, who want to know.
The bill will give Americans faith that their elected representatives are not being bought and sold by hundreds of millions of dollars of secret untraceable money.
So I hope we vote on the DISCLOSE Act again, and as soon as tomorrow. And I hope my colleagues from the other side come back to this. Maybe they will have something to say. I do not know. It has been a long night. We have not heard a word from them. It would be nice to have a debate on this. But also let's do what I know Alaskans are asking me every day: Clean up the system. The best way you can do that is to tell people where the money is. Show me the money. Follow the money. And when you follow the money, as in 1972 they did, you know exactly who is trying to buy the government. In this case, we just want to know.
If you are so proud of these ads you run--and I am sure we all sat around a little bit talking about this. As soon as we come to the floor and say these things, people will be--I am sure 2 years from now when I am up, they will be thinking: I am going to run those ads against that Begich guy. My view is, hey, if you want to run them, run them. People want to know who you are. But if you will not disclose, then you pay the consequence of what I think Alaskans will feel; that is, these people who hide behind this money, secret money, do not disclose themselves, basically what they are pitching, what they are selling is hogwash.
Mr. President, I yield the floor.