Response from Senator Murray

Responding to my most recently letter. If you missed it yo may want to read it first. 

Dear Ms. Gelseth:

Thank you for writing to me regarding S.3295, the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act.   It is good to hear from you. 

The Supreme Court, in a closely divided 5-4 ruling on the Citizens United v. Federal Elections Commission case, overturned efforts made under the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 (commonly known as the McCain-Feingold Act) to curb the corrupting influence that unrestricted spending can have on federal elections. This decision specifically lifted the restriction on corporations and unions participating in electioneering communications during the blackout periods before primary and general federal elections.  This decision opens up our elections to foreign influence by allowing foreign owned companies or foreign subsidiaries to run television and radio ads for and against candidates.  The DISCLOSE Act is an effort to further clarify federal election campaign law, restore parity in our electoral system, and limit foreign influence in our elections.  I am a cosponsor of this important legislation.

While Citizens United v. Federal Elections Commission overturned important protections for the electorate, eight justices in the decision agreed that Congress did have the ability to make these organizations publically disclose their spending and include disclaimers in these electioneering communications saying who paid for the ad.  Justice Kennedy, who wrote the majority opinion of the Court, wrote that, "Disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way." 

In the spirit of this ruling, the DISCLOSE Act would allow organizations to engage in electioneering communication but require the CEO of the organization funding the television and radio ads to announce that he or she "approves this message," just like federal candidates are required to do now.  Additionally, the Act would require the top five contributors be listed on the screen or on the radio. In addition corporations, unions, and other groups would have to disclose their political spending to their shareholders. 

On June 24, 2010 the House passed the DISCLOSE Act by a vote of 219 to 206, and I fully expect the Senate to take up this matter this summer.  I know that there are concerns regarding this legislation and I take these concerns very seriously.  As I work with my colleagues on this legislation I will keep your thoughts in mind.  With that said I do believe that Congress must pass a bill to ensure voters know who is behind campaign advertisements, and limits the ability for foreign governments and foreign owned companies to influence American elections.

Again, thank you for contacting me.  If you would like to know more about my work in the Senate, please feel free to sign up for my updates at http://murray.senate.gov/updates.  Please do not hesitate to contact me in the future if I may be of assistance.

Sincerely,

Patty Murray
United States Senator