Election and Campaign Finance Reform

Securing Our Elections

Russian cyber operations during the 2016 Presidential elections revealed vulnerabilities in our election infrastructure, and I believe it is of the utmost importance that the federal government take steps to assist states and municipalities in securing voting systems before 2018. I was encouraged that the Department of Homeland Security designated our election systems as “critical infrastructure” and is taking steps to increase awareness of the threat. I am also a member of the Congressional Task Force on Election Security, which is investigating additional measures Congress can take to protect against future meddling.

To combat this threat, which experts acknowledge will be present in the next election cycle, we must protect the security of the entire electoral ecosystem, not just voting machines. As demonstrated by Russia’s actions, interference does not just involve flipping voters, and we must ensure that each step of the process, from registration to vote tallying, is secure.

Perhaps even more important, though, is rebuilding public confidence in our electoral system. The perception of mass hacking, which sows doubt in our elections and threatens the legitimacy of our elected officials, is arguably the most dangerous outcome of the Russian information operation. One way to restore confidence and to mitigate risk is to conduct risk-limiting audits on paper ballots, recommendations that were included in the PAPER Act, which I introduced with Representative Mark Meadows (R-NC). Restoring confidence will continue to be a focus of my work both through the Task Force and through my work as co-chair of the Congressional Cybersecurity Caucus.

Improving Our Elections Process

The right to vote is the bedrock of our democracy, and we must take effective action to ensure free and fair elections. Unfortunately, far too many voters become disenfranchised due the challenges they face in registering and accessing the polls. During the 2016 election, thousands of Americans waited in unacceptably long lines. Some of these lines were caused by insufficient funding while others were due to equipment failures, inadequately trained poll workers, difficulties registering to vote and problems securing provisional ballots when registrations were challenged.

As a former Secretary of State, I find it indefensible that these issues continue to plague our elections in the 21st Century. They present distressing barriers to participation in our democratic process, particularly among minority voters, members of our Armed Services, people with disabilities, and seniors.

Voting Rights Act

The Voting Rights Act of 1965 (VRA) is one of the seminal pieces of American civil rights legislation. Following the end of the Civil War, segregation flourished in the south. So-called “Jim Crow” laws prevented African Americans from having a say in the local political process, and the federal government refused to intervene. The VRA changed this policy for good: no longer would Congress stand by as citizens were denied their most fundamental rights.

Unfortunately, in June 2013, the Supreme Court, in Shelby County v. Holder, dealt a major blow to the landmark 1965 Voting Rights Act. The 5-4 decision invalidated the coverage formula used for Section 5 of the Act, which required certain states with a history of racial discrimination to “pre-clear” any changes to election laws or voting procedures with the Justice Department.

I vehemently disagree with the Court’s decision in Shelby County v. Holder. This decision has already had negative impacts on state and local jurisdictions, disenfranchising many low-income and minority voters.  Controversial policies that have resulted from this decision include “racial gerrymandering” and oppressive voter identification laws. For example, following Shelby, Texas quickly implemented a strict voter ID law that had been previously blocked by DOJ.

Congress is currently exploring ways to develop new criteria that aims to meet the Court’s unelucidated standard. I am proud to be a cosponsor of H.R.3239, the Voting Rights Amendment Act, a bill that restores the safeguards of the 1965 Voting Rights Act in a manner consistent with the Shelby decision. I am also a cosponsor of H.R. 2978, the Voting Rights Advancement Act, which would reinstitute pre-clearance requirements for 13 states, establish a new geographic coverage formula based on current conditions and a 25 year “look back” provision, and institute greater transparency in federal elections to ensure voters are made aware of last-minute changes to voting procedures.

Finally, I am a cosponsor of H.R. 2876, the Automatic Voter Registration Act, which would require states to automatically register all drivers’ license recipients as voters. This would tear down one of the major barriers to participation in our election process, making it easier for millions of citizens to cast their ballot.

Campaign Finance Reform

I am firmly committed to removing the influence of money from elections.

The rising cost of political campaigns is a serious cause for concern in the United States, as some qualified candidates are discouraged from running for office because they do not have the financial means to do so. Furthermore, the exorbitant cost of campaigns has increased the role of political action committees, interest groups, and political parties through unregulated soft money donations.

In its controversial Citizens United decision, the Supreme Court overturned long-standing legal precedents, effectively allowing virtually unlimited corporate and special interest spending in elections. The eventual result of this and subsequent Supreme Court rulings was the emergence of Super PACs – political action committees permitted to accept unlimited contributions and make unlimited expenditures aimed at electing or defeating federal candidates.

I am proud to be a cosponsor of the DISCLOSE Act, which would require timely disclosure by Super PACs that spend money on campaign advertisements and would require lobbyists to disclose their expenditures to these groups. It would also force corporations to disclose campaign expenditures to their shareholders and would obligate Super PACs to disclose their top five donors in each ad. To further enhance oversight of corporate spending in elections, I am also a cosponsor of H.J. Res. 88, which proposes a Constitutional amendment clarifying that corporations are not entities entitled to the personal rights enshrined in the Constitution.

Finally, in an effort to curb the influence of money given directly to candidates, I am an original cosponsor of the Government by the People Act. This sensible, overdue legislation would provide citizens with a $25 Voice Tax Credit for campaign contributions to Congressional candidates, provide a 6-to-1 match for small dollar campaign contributions, and allow citizen-funded candidates to earn additional public matching funds within 60 days of an election.

Changing the way we conduct business in Washington and making our government more transparent and accountable to the public is one of my highest priorities. We must ensure that national policy decisions are based on the power of ideas and not the power of money.