McCain-Feingold: an example of why the perfect shouldn't be the enemy of the good

S.918
Title: A bill to reform the financing of Federal Elections.
Sponsor: Sen Kerry, John F. (introduced 6/17/1997) Cosponsors (4)
Latest Major Action: 6/17/1997 Referred to Senate committee. Status: Read twice and referred to the Committee on Rules and Administration.
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SUMMARY AS OF:
6/17/1997--Introduced.

TABLE OF CONTENTS:
S.918
Clean Money, Clean Elections Act (Introduced in Senate)

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Beginning
June 17, 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
Sec. 1. Short title; table of contents.
TITLE I--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS

SEC. 101. FINDINGS AND DECLARATIONS.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS.
`TITLE V--CLEAN MONEY FINANCING OF SENATE ELECTION CAMPAIGNS

`SEC. 501. DEFINITIONS.
`SEC. 502. ELIGIBILITY FOR CLEAN MONEY.
`SEC. 503. REQUIREMENTS APPLICABLE TO CLEAN MONEY CANDIDATES.
`SEC. 504. SEED MONEY.
`SEC. 505. CERTIFICATION BY COMMISSION.
`SEC. 506. BENEFITS FOR CLEAN MONEY CANDIDATES.
`SEC. 507. ADMINISTRATION OF CLEAN MONEY.
`SEC. 508. EXPENDITURES MADE FROM FUNDS OTHER THAN CLEAN MONEY.
`SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
SEC. 103. REPORTING REQUIREMENTS FOR EXPENDITURES OF PRIVATE MONEY CANDIDATES.
SEC. 104. TRANSITION RULE FOR CURRENT ELECTION CYCLE.
TITLE II--INDEPENDENT EXPENDITURES; COORDINATED EXPENDITURES

SEC. 201. REPORTING REQUIREMENTS FOR INDEPENDENT EXPENDITURES.
SEC. 202. DEFINITION OF INDEPENDENT EXPENDITURE.
SEC. 203. LIMIT ON EXPENDITURES BY POLITICAL PARTY COMMITTEES.
SEC. 204. PARTY INDEPENDENT EXPENDITURES AND COORDINATED EXPENDITURES.
TITLE III--VOTER INFORMATION

SEC. 301. FREE BROADCAST TIME.
SEC. 302. BROADCAST RATES AND PREEMPTION.
SEC. 303. CAMPAIGN ADVERTISEMENTS; ISSUE ADVERTISEMENTS.
SEC. 304. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.
TITLE IV--SOFT MONEY OF POLITICAL PARTY COMMITTEES

SEC. 401. SOFT MONEY OF POLITICAL PARTY COMMITTEE.
`SEC. 324. SOFT MONEY OF PARTY COMMITTEES.
SEC. 402. STATE PARTY GRASSROOTS FUNDS.
`SEC. 325. STATE PARTY GRASSROOTS FUNDS.
SEC. 403. REPORTING REQUIREMENTS.
TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION COMMISSION

SEC. 501. APPOINTMENT AND TERMS OF COMMISSIONERS.
SEC. 502. AUDITS.
SEC. 503. AUTHORITY TO SEEK INJUNCTION.
SEC. 504. STANDARD FOR INVESTIGATION.
SEC. 505. PETITION FOR CERTIORARI.
SEC. 506. EXPEDITED PROCEDURES.
SEC. 507. FILING OF REPORTS USING COMPUTERS AND FACSIMILE MACHINES.
SEC. 508. POWER TO ISSUE SUBPOENA WITHOUT SIGNATURE OF CHAIRPERSON.
SEC. 509. PROHIBITION OF CONTRIBUTIONS BY INDIVIDUALS NOT QUALIFIED TO VOTE.
TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

The following year, a re-elected Kerry was in another lonely position as one of only five original sponsors of the Clean Money, Clean Elections Act, to provide for full public financing of Congressional elections. The measure would remove practically all special-interest money from House and Senate campaigns. (Kerry's colleagues were Wellstone, Leahy, John Glenn and Joe Biden--all Democrats.) "Kerry was totally into it," says Ellen Miller, former executive director of Public Campaign, a reform group pressing for the legislation. "He believes in this stuff."

In introducing the legislation, Kerry said on the Senate floor, "Special interest money is moving and dictating and governing the agenda of American politics.... If we want to regain the respect and confidence of the American people, and if we want to reconnect to them and reconnect them to our democracy, we have to get the special interest money out of politics." He was also a backer of the better-known McCain-Feingold legislation, a more modest and (some might say) problematic approach to campaign reform. But over the years he's pointed to the Clean Money, Clean Elections Act as the real reform. "It is a tough position in Congress to be for dramatic change in financing elections," says Miller. "It's gutsy to go out and say, 'Let's provide a financially leveled playing field so there is more competition for incumbents.' Kerry and Wellstone were the leaders and took a giant step. It was remarkable."

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In March 2009, the U.S. Supreme Court heard oral arguments in Citizens United v. Federal Election Commission, regarding whether or not a heavily political documentary (about Hillary Clinton) could be considered a political ad.<4> In January 2010, the Supreme Court struck sections of McCain-Feingold down which limited activity of corporations, saying, "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” Specifically, Citizens struck down campaign financing laws related to corporations and unions; law previously banned the broadcast, cable or satellite transmission of “electioneering communications” paid for by corporations in the 30 days before a presidential primary and in the 60 days before the general election. The ruling did not, as commonly thought, change the amount of money corporations and unions can contribute to campaigns...

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