ORAL STATEMENT BY MARY G. WILSON,
PRESIDENT LEAGUE OF WOMEN VOTERS
OF THE UNITED STATES
BEFORE THE COMMITTEE ON HOUSE ADMINISTRATION ON

“DEFINING THE FUTURE OF CAMPAIGN FINANCE
IN AN AGE OF SUPREME COURT ACTIVISM”

Wednesday, February 3, 2010

Mr. Chairman, members of the Committee, I am Mary Wilson, president of the League of Women Voters of the United States. I am very pleased to be here today to voice the League’s support for legislation to protect our electoral system in the wake of the recent decision in Citizens United v. FEC.

There is one simple message I hope the Committee will take away from this hearing: Because the 2010 elections are fast approaching, Congress must act swiftly and send to the President legislation that governs corporate and union spending. That legislation must take effect immediately. Waiting until after the 2010 elections is simply not a viable option. The League of Women Voters has worked for 90 years to educate the electorate, register voters and make government at all levels more accessible and responsive to citizens. I can tell you without a doubt that voters want election results to be based on their honestly held opinions, not on the results that big money can buy.

The voters depend on you, their elected representatives in Congress, to protect open, honest government and a healthy democracy. The Court’s decision in Citizens United upends basic campaign finance law that this Congress carefully crafted over many, many years. Such a fundamental change, with perhaps more coming as the Court considers other cases, requires a strong response from Congress and the President.

We do not expect that legislation to be adopted this year can address every possible issue. But, some basic voter protection can and must be enacted now.

There are numerous protections that can be enacted. But, enhanced disclosure is the most basic step toward protecting the role of the voter in making decisions in elections.

The Citizens United decision appears to make it possible for corporations, and perhaps unions, to secretly use funds that they receive from another corporation to intervene in an election. This is not acceptable. Voters need information about the sources of funding for the charges and countercharges that come during election campaigns. That is basic—it is one of the few ways by which a voter can test the accuracy of campaign statements.

Indeed, even the Court in Citizens United supported such requirements “so that the people will be able to evaluate the arguments to which they are being subjected.” We couldn’t agree more.

The League of Women Voters supports strong disclosure requirements for both those who receive election funds and those who provide such funds.

We believe corporations should have the responsibility for providing disclosure to the public through disclaimers and the Internet, directly to their stockholders or members, and to the Federal Election Commission and the Securities and Exchange Commission. Disclaimers on public communications should be required for every corporation that provides funds above a certain amount directly or indirectly to an election expenditure. The Court clearly approved of disclaimers in Citizens United.

After providing enhanced disclosure, the next most important step for Congress is to do no further harm. A decision as far-reaching in its implications as Citizens United will provoke a number of proposals that, we believe, could make our election system worse. Some will call for increasing or doing away with contribution limits to candidates and PACs. There will likely be calls to allow corporations and unions once again to make huge contributions to the political parties, effectively repealing the soft money ban in BCRA. There may even be those who call for unlimited corporate and union contributions to candidates.

The League of Women Voters strongly urges you not to do any of these things. Each of these steps would increase corruption or the appearance of corruption. We need fair elections, not greater involvement of big money in elections and government. The League of Women Voters believes that the Court’s majority decision in Citizens United v. FEC was fundamentally wrong and a tragic mistake. But this is the decision of the Court. Congress needs to respond now, recognizing its own authority and responsibility to uphold the Constitution and protect the voters. Fair and clean elections, determined by the votes of American citizens, should be at the center of our democracy.