The 2022 midterm elections are drawing widespread public attention, but two bills critical to our democracy await congressional action after Nov. 8.
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From the Desk of Trevor Potter
Dear John,
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The outcome of the November 8 midterm elections will determine control of Congress as well as numerous governors, state election officials, and statehouses. With so much at stake, Campaign Legal Center (CLC) will be undertaking a number of efforts to protect the rights of voters.
These include working with national, state, and local partners to assist voters through the nonpartisan Election Protection Hotline ([link removed]) (866-OUR-VOTE / 866-687-8683), working with election officials to provide support and guidance on legal requirements for election administration, preparing for litigation to ensure that election results reflect the will of the voters, and making sure journalists have the information they need to report accurately on the administration of elections.
These contests will be bellwethers for the future of our democracy. At CLC we believe voters should choose their elected representatives and not the other way around, which is why I have grown increasingly distressed about the alarmingly large number ([link removed]) of candidates who have publicly rejected the outcome of the last presidential election and have indicated a willingness to manipulate future elections and overrule the will of the voters to meet their partisan ends. This is a particularly worrisome development when the candidates expressing these views are running for offices like Secretary of State, an office endowed with great power over election rules and procedures.
In my view, candidates who disparage verified and secure methods for casting and counting ballots and suggest they will not be bound by election results ought to be disqualified by those whose votes they are seeking to win. Voters must concern themselves with the views of candidates running at all levels of government, not just those whose names appear at the top of the ballot.
The 2022 midterm elections are drawing widespread public attention, and deservedly so, but two bills critical to the functioning of our democracy await Congressional action once the electoral season is over.
The Electoral Count Reform Act (ECRA) ([link removed]) , a measure supported by CLC since early 2021, is moving toward passage by both houses, thanks in no small part to strong bipartisan support in the U.S. Senate. The legislation is sponsored by Sens. Joe Manchin (D-WV) and Susan Collins (R-ME), and currently has 31 co-sponsors, including Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY). Similar legislation was passed by the U.S. House of Representatives on September 21. Failure to update the more than 130-year-old Electoral Count Act (ECA) ([link removed]) would leave our country vulnerable to attempts at presidential election manipulation, similar to what we saw following the 2020 election. As of this writing, the path to final passage looks promising, but remains unclear. I
encourage everyone reading this message to contact their members of Congress and urge support for the ECRA.
Legislation to shore up rules barring members of Congress from trading stocks is also earning headlines. Congress passed the Stop Trading on Congressional Knowledge (STOCK) Act ([link removed]) ten years ago, but that law has proven to be insufficient, and the appearance (if not the act!) of corruption persists when members of Congress engage in stock trading. The Combatting Financial Conflicts of Interest in Government Act—a new bill to strengthen and expand the STOCK Act—was introduced recently by the House ([link removed]) , and I urge the Senate to consider similar legislation ([link removed]) as soon as possible. As members of Congress craft laws that directly impact the lives of Americans, voters have a right to know whether their representatives are acting in the interest of the
public, or in ways that serve their own personal interest.
Unfortunately, further action on a third piece of legislation, the Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act, appears unlikely ([link removed]) after the bill failed to receive a single Republican vote in the Senate on September 22. This bill would dramatically curtail secret spending by shining the light of public disclosure on dark money flowing through intermediaries. Defeating it was a priority for Senate Minority Leader McConnell. At CLC, we believe voters have a right to know who is spending vast sums of money to influence elections. This right has repeatedly been upheld by the U.S. Supreme Court, even as the Court has struck down other campaign finance and election-related laws. In the absence of congressional action, CLC is calling on President Biden
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Despite the setback on commonsense election spending disclosure rules, it is worth noting the significance of seeing three different CLC priorities receiving attention during the crowded pre-election session of Congress. To me, this indicates lawmakers are very much aware that the public supports actions to bring about a more transparent, accountable and inclusive democracy. Let’s keep up the pressure so that we can continue this momentum during the remainder of the 117^th Congress and beyond.
Sincerely,
Trevor Potter
President, Campaign Legal Center
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