Sunlight Foundation

S. 223 Keeps Getting Support

Like the Little Engine that Could, Senate Bill 223, the Campaign Disclosure Parity Act, keeps chugging along against some pretty intense opposition. In August we launched Pass223.com to build support and find out which senators are willing to officially support the bill and to go on the record to oppose John Ensign’s poison pill amendment. Our persistence has created two new cosponsors Sens. Chuck Schumer and Daniel Akaka.

Keep calling your senators and asking them to cosponsor S 223 and oppose the Ensign amendment we need to demand that the Senate stop dragging their feet on this bill. I think we can get this little bill to the top of Capitol Hill.

Pass 223 Update

Last week, we launched the web site - Pass223.com - to get support in the Senate for S. 223, a bill to require electronic filing of campaign finance reports. So far, there have been 338 calls to Senate offices asking senators to both support the bill and oppose the poison pill Ensign amendment. The comments coming back from our callers have been very helpful including some information on new support for the bill that we will be double checking soon. We still need your help in identifying supporters of the bill and opponents of the Ensign amendment. Please go to Pass223.com and call your senators.

One comment I'd like to pass on came from multiple callers to the office of Sen. Barbara Mikulski of Maryland. According to Mikulski's legislative aide, the senator is opposed to the Ensign amendment and would not vote for S. 223 were the amendment attached. From the comments:

He said she would oppose (vote against) the Ensign amendment, since it is an obvious poison pill effort to derail the bill, and that she would not vote for the bill if the Ensign amendment survived as part of the bill. Better to try again than allow gutted legislation to pass. - Andrew May, 08.06.08 @ 11:29 AM

I pressed and he said she was councerned about the "poison pill" amendment and wouldn't vote for it were that amendment a part of it. - 08.06.08 @ 01:08 PM

These comments clearly show that the Ensign amendment is a poison pill designed to hurt the chances of passing S. 223. We need to identify more senators like Sen. Mikulski.

We still need your help in calling Senate offices. There are over 20 offices for which we have no comments. Please take the time to give your senator a call today. Go to Pass223.com.

Pass S. 223

Pass223 LogoToday, the Sunlight Foundation launched a new web site, Pass223.com, to harness the distributed power of the Internet to pressure the Senate into increasing disclosure of campaign contributions by passing a bill - S. 223, the Senate Campaign Disclosure Parity Act - requiring senators to file their contribution reports electronically.

We need your help to pass this bill. Please follow the link to Pass223.com and call your senators to find out where they stand on S. 223. The site has full instructions on who your senators are, how to call, what to say, and how to report back to us. For more detail on the bill, keep reading.

Currently, presidential candidates and candidates running for the House of Representatives file their campaign contributions in electronic form. Electronic filing speeds the process by which campaign contribution data reaches the public over the Internet, allowing citizens and journalists to more easily spot a conflict of interest or an inappropriate contribution. Filers in the Senate do not file electronically, delaying disclosure by weeks and possibly months.

Passage of S. 223 appears to be a "no-brainer," and isn't publicly opposed by any senator. However, at every step of the way over the past year and a half the bill has been interrupted and blocked for a variety of reasons.

Right now, Sen. John Ensign (pronounced en-sen) is blocking the bill by insisting on adding a poison pill amendment. This poison pill is meant to protect senators from legitimate ethics complaints filed by outside groups. The amendment would impose an unconstitutional burden on on charities, religious organizations and other nonprofits by forcing them to disclose their donors when they file ethics complaints against sitting senators. Ensign's amendment is opposed by a group of non-profits, religious groups, and charities from the right and the left.

For S. 223 to pass, Ensign's amendment must be defeated. And to do that, we need you help in identifying senators who OPPOSE Ensign and SUPPORT S. 223. This is a great chance to help pass a long overdue bill.

Go to Pass223.com and get started calling your senators (remember, you have two of them). Don't forget to report back so that we know where these senators stand on increasing campaign finance disclosure.

Pass223.com is a joint project of the Sunlight Foundation, Public Citizen, Public Campaign, Center for Responsive Politics, Campaign Finance Institute, Change Congress, and Open the Government.

Legislative History Detective: Senate Electronic Filing

We've expended enormous energy and blog space to advocate for the Senate to file their campaign finance reports electronically, something that probably shouldn't take that much effort, but it does. If you need a primer on the issue you can watch this video we made. One thing of note in this whole saga is that Congress, in 1999, mandated electronic filing for all campaign committees, but somehow the Senate doesn't have to comply. Why is this?

In December of 1995, Congress passed a bill to amend the Federal Election Campaign Act to allow the FEC to accept electronic filing, a legislative recommendation previously made by the FEC to give them a statutory requirement and funding to create an e-filing system. The bill, which became Public Law 104-79, also changed the filing location for members of the House from the Clerk of the House to the FEC. This seems innocuous, but it is important.

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Sunlight for Senate Campaign Contributions

For the past year, the Sunlight Foundation has worked to get a bill passed that would require Senators to file their campaign finance contribution reports electronically, allowing that information to be more readily available before elections than it is now. Passage of the bill has been blocked by Republicans, specifically Sen. John Ensign, for this same amount of time. We aren't going to give up on our fight to get S. 223 passed and intend to keep the pressure on this year. To kick things off we've made this video to explain the issue and keep the attention on Sen. Ensign and his unreasonable hold on the bipartisan bill:

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Sen. Ensign Still Opposes Transparency

Sen. John Ensign continues to block the campaign finance electronic filing bill that Sens. Dianne Feinstein and Russ Feingold have been attempting to pass all year. The bill, which the Sunlight Foundation has fought hard to get passed, has 41 cosponsors including 16 Republicans (including Sens. Bob Bennett, Lamar Alexander, and John Cornyn among others). Despite this not being a partisan issue, Ensign insists on blocking consideration of the bill by offering an irrelevant and controversial amendment, which initially came from the offices of Sen. Mitch McConnell, to require outisde groups filing ethics complaints to disclose their funding sources. This has been noted as unconstitutional law and is an absurd requirement to demand.

Is the Senate Ethics Committee truly overburdened with cases? Sen. Ensign says that complaints in the Senate can be written "on a beverage napkin or written in crayon." I'm not sure what number of ethics complaints are submitted by drunks and children (or some combination of the two) but it can't be that high. In fact, the only known ongoing Senate Ethics Committee investigation was started by the Senate Republicans when they filed a complaint against Sen. Larry Craig for pleading guilty to possibly, maybe, perhaps being gay. Ellen just linked to a list of potential ethical issues facing a number of Republican Senators that could be investigated. If outside groups can file these complaints so easily - in crayon and on a beverage napkin - why isn't the Ethics Committee investigating anything?

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Ensign Refuses to Yield, Admits Working With McConnell

Sen. John Ensign continues to transparently block the electronic filing bill by refusing to back down from a ridiculous amendment requiring outside groups filing ethics complaints to reveal their funding sources. In stating his refusal to yield Ensign also admitted that he is working with Minority Leader Mitch McConnell, the author of this absurd amendment, to block passage of the electronic filing bill. The Hill reports, "Ensign added that he consulted with Senate Minority Leader Mitch McConnell (R-Ky.) before deciding on his strategy, deeming the push for the amendment 'something we did together … we discussed it. I felt it was a good idea for me to do it.'" (Emphasis added.) McConnell has stated previously, including in the last few days, that he supports the electronic filing bill. It appears that he is being far less than honest.

Ensign and McConnell should do the senatorial thing and step out of the way as Sen. Bob Bennett did when he tried to offer a poison pill amendment. Rules Committee Chairwoman Dianne Feinstein has offered Ensign a fair hearing in her committee on his amendment in exchange for dropping his objection to electronic filing. It's time for Ensign and McConnell to stop blocking transparency legislation.

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Ensign Amendment Actually a McConnell Amendment

On Monday, S. 223, the Senate electronic filing bill was blocked for a third time, this time by Sen. John Ensign who offered an amendment that would require outside organizations filing ethics complaints to disclose their funding sources. This non-germane amendment did not originate from Ensign’s offices.

Sunlight has learned that last week Democratic offices were given a Unanimous Consent agreement that would have allowed the Senate to move to S. 223 only if they agreed to take up a an amendment identical to the one introduced on Monday by Senator John Ensign. The consent agreement came from none other than the offices of Sen. Mitch McConnell, whom the Sunlight Foundation has targeted as a culprit in covering up the identity of the anonymous Senators previously blocking the bill. That the “McConnell amendment” is now being offered by Senator Ensign comes as no surprise to long time McConnell watchers, who are well aware that when it comes to reform, McConnell is often hiding behind the scenes, pulling all the strings. .

The document shows that the effort to block S. 223 originates not from the offices of Sen. Ensign but from the Minority Leader’s office. So, McConnell wasn’t hiding the identity of a fellow senator, he was hiding himself!

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Electronic Filing Bill Blocked Yet Again

Moments ago Sens. Russ Feingold and Dianne Feinstein attempted to pass S.223, the Senate electronic filing bill, and were blocked by Sen. John Ensign who objected and attempted to offer a poison pill amendment. This is the third time the bill has been blocked by the Republican side although this is the first time that the hold was not anonymous. We now know that Sen. John Ensign is the one blocking this "no-brainer" bill that would simply require senators to file their campaign finance reports electronically. Sen. Ensign has some nerve opposing a bill that has near unanimous public support and which would simply move the Senate into the 20th century. Now that we know what McConnell was hiding I have to ask what is Ensign, the director of the National Republican Senate Committee, hiding in those campaign finance documents.

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Upping the Ante on McConnell as Senate Republicans Try Trickery

Who knew a little bill requiring senators to file their campaign finance reports electronically could cause such a problem on Capitol Hill? Today, Senate Republicans under the stewardship of Minority Leader Mitch McConnell tried their hand at a parliamentary trick to add poison pill amendments to S. 223. When Majority Leader Harry Reid tried to move S. 1, the Senate' lobbying reform package, to conference committee Sen. Bob Bennett attempted to add S. 223 while reserving the right to add another amendment. Bennett likely wanted to slip in the same amendment that he tried to add to S.223 when it was in committee. That amendment would allow party committees, like the RNC or the DSCC, to coordinate campaign activities with candidate committees. Bennett's amendment is widely opposed by the majority Democrats and would not only make S. 223's passage impossible in conference or in the House of Representatives, but would endanger the entire lobbying and ethics reform package. Reid scuttled this parliamentary trickery by objecting to Bennett's proposition. The Senate went into convulsions and recessed without advancing S. 1 to conference committee. (There are some conflicting accounts of exactly how this proceeded.))

Since the Senate minority is upping the ante with procedural tricks, the Sunlight Foundation has decided to up the ante on Mitch McConnell. Today, Sunlight announced the extension of the deadline for our campaign to get Mitch McConnell on the record responding to questions about the continued blocking of S. 223. Not only is the deadline extended but the prize money is doubled. You will now receive $1,000 if you are the first to submit a video of McConnell responding to questions about the bill. Check out What's McConnell Hiding? for more details.

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