Senator Edward Markey on Campaign Finance and theMcCutcheon case.

EDWARD J. MARKEY MASSACHUSETTS		218 RUSSELL SENATE OFFICE BUILDING WASHINGTON, DC 20510 (202) 224-2742
	United States Senate September 12, 2014

Dear Voter:

Thank you for contacting me about campaign finance reform. I appreciate hearing from you on this very important matter.

As you know, the Supreme Court's earlier this year issued a deccision in the McCutcheon case, aannouncing that the total limit on how much money one person could give to federal candidates in a two year election cycle, as well as the limits on contributions to political parties and PACS, were unconstitutional.  The party line decision was supported by five justices and opposed by four.  The decision substantially weakens our national campaign finance regulation system, which was working reasonably well for nearly forty years until the Citizens United decision in 2010. Citizens United started the flow of unregulated money; the McCutcheon decision turns that flow into a torrential flood.

There was no reason for the Supreme Court to take this radical step. Until the McCutcheon decision was decided, a single American could donate $48,600 each election cycle to candidates for federal office. At a time when the average income for an entire household in Massachusetts is around $65,000, the only people who were affected by the law were the extremely rich. Yet, while the campaign limits did not stop average Americans from donating to the political candidates they support, I am afraid that this decision will seriously harm average Americans' ability to have their voices heard in our political system. 

As a result of this partisan, 5-4 decision, a handful of people will be able to give $5200 a year to as many candidates for federal office as they want. A billionaire could give $5200 to every single major candidate for the House and the Senate; just to be sure that he or she gave a donation to every single member of the next Congress. Using simple arithmetic, such a spree of campaign donations would cost just over $5.5 million dollars. That's more than most Americans will earn in their lifetime, but it's the equivalent of a speeding ticket to a billionaire.

I believe that the McCutcheon case is one more step down the dangerous road carved by the Citizens United decision, with dire implications for the political process in our nation. It has become all too easy for corporations to hide their contributions from both voters and corporate shareholders. In recent years, a massive flood of funds from corporations and other special interests has already overwhelmed the voices of average citizens in our elections, and the McCutcheon decision will only makes matters worse. As Justice Stephen Breyer noted in his dissent in McCutcheon, this "decision eviscerates our Nation's campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve." 

Justice Breyer's dissent may not speak for a majority of the current Supreme Court, but I believe it does speak for the majority of Americans. I wholeheartedly agree that we need to immediately fix our broken campaign system by enacting effective legislation, including a constitutional amendment.

This year, I received a 100% rating from the Corporate Accountability Coalition, a group that focuses on issues of transparency, responsible business practices, corporate accountability and rights of people. 

I was proud vote in favor of and cosponsor of a proposed constitutional amendment that would allow Congress and the states to set limits on contributions and expenditures for political campaigns (S.J. RES 19), introduced by my colleague Tom Udall of New Mexico.  Unfortunately, on September 11, 2014 my colleagues on the other side of the aisle did not support this bill and the Senate was unable to meet the 60 vote threshold needed to advance this important legislation. Campaign finance laws don't stifle democracy, they enhance it. We need to fix our broken campaign finance system. People, not dollars, are the true currency of our Constitution and democracy 

I am also proud to be an original co-sponsor of the Fair Elections Now Act (S.2023), which reforms our broken campaign finance system and empowers American citizens to take back their government. I am also a cosponsor of the Voter Empowerment Act of 2013 (S. 123), which would modernize voter registration, promote access for individuals with disabilities, and would make sure that all citizens are able to fully exercise their right to vote. 

In addition, we must work to increase transparency in election spending, which is why I have cosponsored the Shareholder Protection Act (S. 824). The Act requires that corporations disclose all of their political spending and activities. I have also recently co-authored a letter to the Securities and Exchange Commission, urging the agency to require corporations to disclose their political contributions. As Justice Brandeis once said, "sunlight is said to be the best of disinfectants." I consider it essential that corporate shareholders, as well as voters, know exactly who is funding political campaigns so that they can make informed decisions at the ballot box. 

In the Senate, I will continue to fight for legislation that seeks to restore integrity to our elections, and I am continually evaluating new legislative action that might help to achieve this goal. Our government is one that was founded on the principle that it was by the people and for the people. As your Senator, I will fight to ensure that all Americans, regardless of income, have a voice in our government.

Thank you again for contacting me about this issue. If I can be of further assistance, please do not hesitate to contact me.  To sign up for my newsletter, visit http://www.markey.senate.gov/newsletter. You can also follow me on Facebook, Twitter, and YouTube

Sincerely,

Edward J. Markey
United States Senator