Campaign finance reform faces new challenge

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April 2002

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Campaign finance reform finally becomes law, faces new challenge
President Bush's signature on the long sought and long debated campaign finance reform package didn't have time to dry on March 27 before congressional opponents and professinal lobbyists were lining up to challenge the new law in court.

Bush signed the measure in the Oval Office — without the public signing ceremony often staged for major legislation. In a written statement, he said that while the bill has flaws, it "improves the current system of financing for federal campaigns."

The National Rifle Association has already sued to overturn the legislation, arguing that the law infringes on its First Amendment rights of free speech. The new law bans "soft money" donations to political parties which have been associated with abuses in the campaign system, typically five- and six-figure contributions made by corporations, unions and individuals.

The reform package also prohibits the use of soft money to run "issue ads" within 60 days of an election and 30 days of a primary. Issue ads are customarily purchased by political parties or outside groups and may stop short of expressly advocating the victory or defeat of a specific candidate, they are often harshly critical of specific candidates' records.

The NRA may be the first in line to file its challenge at the federal courthouse a few blocks from the White House but more challenges are expected. The legislation "eviscerates the core protections of the First Amendment by prohibiting, on pain on criminal punishment, political speech," said a legal complaint filed on behalf of the NRA and its political victory fund.

"We are proud to be one of the first plaintiffs to formally ask the federal court to invalidate these new limits on the political speech of ordinary citizens because we believe that this law cannot be allowed to stand, not even for a moment," NRA executive vice president Wayne LaPierre said in a statement. The National Right to Life Committee has also been a staunch opponent of the current legislation.

The reform measures will not go into effect until after the November 6 end of the 2002 election cycle, meaning the parties can continue to raise hundreds of millions of dollars in soft money to support candidates in this fall's midterm elections.

In addition to the NRA, a group headed by Senator Mitch McConnell (R-Ky.), filed suit challenging the constitutionality of the legislation. "Today I filed suit to defend the First Amendment right of all Americans to be able to fully participate in the political process," said McConnell, whose legal team includes Kenneth Starr, the one-time independent counsel during the Clinton administration.

Meanwhile, long-time supporters of campaign finance reform were encouraged by Bush's support of the new legislation. "By signing McCain-Feingold, President Bush has recognized the need to end the worst abuse in our political system—the unlimited contributions from corporations and unions," said Common Cause President Scott Harshbarger.

"The President deserves credit for making clear during the legislative fight that he would strongly consider signing the bill. If he had threatened a veto, the bill would probably not have reached his desk. As for our worthy adversaries, Senator McConnell and Judge Starr, we will see them in court."

For more information:
A Network Lobby Alert
Common Cause
Campaign donations at record pace—from Salt of the Earth
Federal Election Commission
The Enron saga
Enron: who's accountable?

Enron: Web of Intrigue
What has Enron gotten for its contributions?

From US Catholic: "Government for hire"

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