Any observer of U.S. politics understands that progress in Congress during an era of polarization and divided government is extremely difficult. This is doubly true on democracy issues when one side continually opposes efforts to make our elections more accessible, equitable and fair, which is what we see right now.
This is partially the result of the debate over the conduct of the 2020 election and partially due to what I believe to be a very inaccurate view that only one party benefits from greater voter participation.
Nonetheless, for the sake of our democratic republic, it is important for members of Congress to ensure that commonsense proposals to protect and strengthen our system of self-government remain part of the public discussion.
The best course of action in the face of obstruction is persistence and education, anchored in the knowledge that the advances we fight for are both good for the nation and broadly popular.
There are lots of examples in Congress of good legislation being blocked for years before making it to the president’s desk. One prominent example was the use of the filibuster by white senators representing southern states to stop civil rights legislation. Another example near and dear to my heart was the fight to pass campaign finance reform legislation in the late 90’s led by Senators John McCain (R-AZ) and Russ Feingold (D-WI), which included a failed attempt at passage in 1998 before succeeding in 2002.
With this perspective in mind, it is good news that many pro-democracy and election-related bills have been introduced this year (the 118th Congress) to advance CLC’s agenda, and more are expected when the U.S. House and U.S. Senate return following their August recess.
The Freedom to Vote Act (S. 1/H.R. 11), introduced by Senator Amy Klobuchar (D-MN) and Rep. John Sarbanes (D-MD) is a transformative proposal that would increase Americans’ access to the ballot box, neutralize partisan and racial gerrymandering and increase transparency in our campaign finance system to counteract the impact of secret spending in our elections. If enacted, it would provide clear, national standards that ensure every voter can make their voice heard. Currently, every Democratic Senator is a cosponsor, and the House bill has 194 cosponsors.
The Protect Our Democracy Act (H.R. 5048), introduced by Rep. Adam Schiff (D-CA) and more than 100 original cosponsors, includes a package of reforms designed to enhance checks and balances, strengthen federal ethics and safeguard elections against foreign interference. A Senate version is expected to be introduced in the fall.
The Democracy Restoration Act (S. 1677/H.R. 4987), introduced by Senator Ben Cardin (D-MD) and Congresswoman Jasmine Crockett (D-TX), would end felony disenfranchisement in federal elections and restore voting rights to individuals who have been released from incarceration. There are currently 25 cosponsors on the Senate bill and 60 on the House legislation.
The Protecting Election Administration from Interference Act (S. 1487/H.R.3130), introduced by Senator Klobuchar and Rep. Colin Allred (D-TX), would expand protections for nonpartisan election officials, strengthen protections for federal election records and election infrastructure and provide judicial review to ensure compliance with election record requirements.
Following the August recess, we expect the reintroduction of the John Lewis Voting Rights Advancement Act. This bill reinstates and strengthens crucial provisions of the Voting Rights Act that were struck down by the Supreme Court. CLC has also helped draft and endorse other important campaign finance, voting rights and ethics bills this congressional session.
The need for progress on the issues addressed by these pro-democracy bills could not be clearer. We are faced with an ongoing, concerted effort on multiple fronts to undermine the power of voters (especially Black and brown voters), increase the influence of special interests and weaken both the integrity of our elections and basic standards of ethical conduct.
In the absence of a partisan divide over how to form a “more perfect union,” passage of these key CLC-endorsed bills would be simple and easy. Sadly, that is not where we are today, and so, we must work within the strictures of the current political climate. To that end, CLC continues to educate members of Congress on the need for these bills and promote public knowledge of them.
CLC’s federal legislative strategy team works extremely hard to push democracy-focused issues to the top of the pile by helping to draft language, review new language and then build support for endorsed bills. Conversely, the team fights against bad bills that will further weaken our agenda.
You may be asking: Why go to the trouble of introducing a piece of legislation that has little hope of being signed into law during the current Congress?
Part of the answer is that many bills are introduced and reintroduced over the course of several Congresses, with the goal of gathering more support over time from lawmakers, interested stakeholders, the media, and of course, the general public. Another positive side effect of this process is that legislation is often revised and improved with each new version. Effective legislators understand that taking this patient and persistent approach makes the final legislation better when political conditions eventually become more favorable.
I am grateful to those lawmakers who are committing their time and resources to the ongoing effort to create a democracy that truly works for all and to the efforts of CLC’s expert dedicated staff who are working with them.
The nonpartisan Campaign Legal Center is dedicated to advancing democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
