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Senate Passes Campaign Finance Reform
If Bush signs law, it's off to the courts, say opponents 
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Dateline 03/20/02

With a 60-40 positive vote in the Senate, the Congress has now passed a campaign finance reform bill taking the most aggressive action in the past 25 years to reduce the influence of big-money in U.S. elections.

The bill, H.R. 2356, the Bipartisan Campaign Reform Act of 2001, passed by the House on Feb. 14 now goes to President Bush has not said he would sign the bill, but has told congressional Republicans who opposed the bill not to expect a veto.

If signed by the president, the main provisions of the bill would affect presidential and congressional-level primary and general elections by:

  • Banning national political parties from soliciting, accepting or spending "soft-money" -- previously unregulated money contributed by corporations, labor unions and wealthy individuals.

  • Allows state and local political party organizations to spend up to $10,000 in soft money per donor for "get-out-the-vote" efforts.

  • Increases from $1,000 to $2,000 per election the amount that can be contributed to a candidate by individuals.

  • Bans individuals under age 17 from making monetary contributions of any amount to candidates or political parties.

  • Bans labor unions and private businesses from sponsoring political advertising for federal candidates within 30 days of primary elections and 60 days of a general election.

  • Bans candidates from airing television ads directly or indirectly attacking their opponents' stands on issues for the last two months before any national general election.

  • Triples the the amount of hard money a federal candidate can receive when running against wealthy opponents who are financing their own campaigns.

If signed by President Bush, the new laws will take effect in Nov. 2002, following the mid-term congressional election.

Opponents argued that several sections of the bill violated the free speech guarantee of the First Amendment to the Constitution and would be struck down by the Supreme Court.

Supporters countered that argument by pointed out that the Supreme Court had, in the past, found that laws intended to protect the election process from corruption did not violate the First Amendment.

In 1976 and again in 2000, the Supreme Court upheld a law limiting contributions by individuals to candidates and political parties. Also upheld as constitutional by the Supreme Court were laws passed in 1907 and 1947 outlawing contributions to political campaigns or candidates by corporations and labor unions.

The courts will determine the constitutionality of the bill passed today shortly after it is signed by the president. A three-judge panel of the Federal District Court in Washington, D.C. will first rule on the bill, followed immediately by the Supreme Court.

The bill passed today, say supporters, merely returns campaign financing laws to where they were prior to creation of the soft-money loophole. The soft-money loophole allows corporations, labor unions and wealthy individuals to contribute money to political party committees rather than directly to candidates or campaign funds.

Campaign finance reform legislation was first introduced in Congress by Sens. John McCain (R-Arizona), and Russ Feingold (D-Wisconsin), in 1995. McCain and Feingold also sponsored the bill passed today.

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