The DISCLOSE Act

Statement

At a time of high unemployment and a weak economy, I am disappointed the Senate is using valuable time to debate the DISCLOSE Act, when it ought to be focused on creating jobs and improving the economy. The DISCLOSE Act is a partisan and unconstitutional campaign finance proposal that undermines the First Amendment to the Constitution. The bill would duplicate existing laws by requiring excessive disclosure of election-related expenses by private corporations and nonprofit groups while containing exemptions for a slew of labor unions and special interest groups.

I spoke on the Senate floor today in opposition to this legislation that contradicts the Supreme Court's January decision in Citizens United, which reaffirmed the right to freedom of speech and is precisely the Court's role in our government's system of checks and balances. The First Amendment states, "Congress shall make no law...abridging the freedom of speech." Unfortunately, the DISCLOSE Act does just that.

The Tillman Act of 1907 prohibits corporations from directly financing political campaigns and the Supreme Court's recent findings did not affect that. The Supreme Court did rule against provisions of the Bipartisan Campaign Reform Act of 2002 that barred corporations and unions from running political ads 30 days before a primary and 60 days before a general election. Corporations and unions cannot donate directly to a federal political candidate and, contrary to the claim of Disclose Act supporters, it is already illegal for foreign entities to participate in American elections.

In addition to redundant regulations, the DISCLOSE Act is loaded with handouts to the most monied of Washington special interests and retains carve outs for labor unions by exempting donations under $600 which is conveniently below the average union dues. The Disclose Act abandons the long-standing practice of treating corporations and unions equally. Under the First Amendment, the American people have a right to speak out against policies and legislators that kill jobs, curb growth, and expand the government at the expense of the private sector. They have a right to be heard which is why I am opposed to this bill.

In addition, the Majority has also used Rule 14 to bypass the Senate Rules Committee in order to expedite the DISCLOSE Act's passage because they want to use it as a political issue in advance of the fall elections. Unfortunately, it is becoming an all too common practice for the Majority to circumvent regular order, and force unwanted legislation upon the people. I continue to hear from Kansans who are fed up with legislation like this and others being rammed through Congress including the government take-overs of health care, the financial industry, student loans, the automobile industry, and more.

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