[Congressional Record Volume 144, Number 26 (Thursday, March 12, 1998)]
[Senate]
[Pages S1903-S1904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        CAMPAIGN FINANCE REFORM

 Mr. ABRAHAM. Mr. President, I rise today to express my 
opposition to the McCain-Feingold Campaign Finance Reform amendment.
  First, I would like to point out that I consider myself, like many 
members of this Chamber, on the side of election reform. But, in my 
view, that reform must be crafted in such a way as to bring 
representatives closer to their constituents, not further open what is 
in many cases an excessively wide gap.
  It was because of my commitment to effective electoral reform that I 
voted against this package the last time it reached the floor. Further, 
Mr. President, none of the changes this package has undergone lead me 
to believe that I should change that vote. On more than one occasion I 
have come to the floor to outline the standards which I believe any 
campaign finance reform legislation must meet if it is to be in the 
public interest, and if it is to gain my vote. McCain-Feingold 
continues to violate these standards, so I have no choice but to oppose 
it.
  The standards I believe crucial in this area, and which this 
legislation violates, are straightforward and relate to the right of 
Americans to express their political beliefs and have those beliefs 
count in federal elections.
  The first principle in this regard provides that reform legislation 
must be consistent with the First Amendment to the Constitution of the 
United States. I will not support any legislation establishing prior 
restraint on political speech or empowering any federal bureaucracy to 
constrain first amendment rights. Our Constitution's first amendment, 
and the guarantees it provides for political speech, are fundamental to 
our system of liberty and republican government. Because McCain-
Feingold allows them to be circumvented, I cannot support this 
amendment.
  The second standard I believe crucial in this area is the protection 
of state and local units of government. I cannot support campaign 
finance legislation if it impedes or intrudes on the prerogatives of 
the States and localities with respect to how they conduct political 
campaigns. Because McCain-Feingold continues to impose rules on state 
and local governments, I cannot support it.
  The third standard for electoral reform is maintenance of a proper 
balance between the first amendment rights of actual candidates and 
their political parties, and the rights of those who are not directly 
in the political arena. McCain-Feingold violates this standard as well, 
by tilting the balance strongly in the direction of special interest 
groups.
  Increasingly, Mr. President, political candidates and their parties 
are being pushed aside by special interest groups in the very process 
of campaigning, a process intended to bring candidates in close touch 
with their constituents. By encouraging this process, McCain-Feingold 
actually exacerbates a problem that is threatening the very functioning 
of our republican form of government.
  As an example of this phenomenon, I would like to mention certain 
political advertisements taken out recently by campaign reform groups 
in my own state of Michigan. These advertisements singled out this 
Senator for criticism because of my opposition to this particular 
amendment. Ironically, had McCain-Feingold been in effect at this time, 
it is likely that the Michigan Republican party would have been 
incapable of answering these misleading advertisements. I would have 
been forced to look to other outside sources to mount a response, 
diluting the proper influence of the state party.
  Fourth, Mr. President, campaign finance reform must be balanced, not 
favoring or punishing any one particular party. In violation of this 
standard,

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McCain-Feingold would enhance the ability of the Democratic Party to 
raise funds from its traditional sources, while disproportionately 
limiting the Republican Party's ability to do the same.
  Finally, Mr. President, I strongly believe that any campaign finance 
reform must address the increasing reliance of candidates on 
contributions from people who are not their constituents. This 
practice, which McCain-Feingold does nothing to stop or curtail, 
separates candidates from their proper loyalty to their constituents 
and dilutes the voice of the people--a voice that must be heard for our 
system of government to function as it was intended.
  This last standard is crucial, in my view, and I have joined with 
Senator Hagel in drafting an amendment to address it. When I travel 
around my State, conducting town meetings, the issue of campaign 
finance reform is often raised. And, when I ask people what disturbs 
them the most in this area, on almost every occasion I hear the same 
answer, that individuals, political action committees, and special 
interest groups not even based in Michigan are bank-rolling Michigan 
Congressional campaigns.
  Mr. President, I have not conducted a thorough study of the 
particulars of outside contributions, but I do know that a significant 
proportion of the money flowing into almost every federal campaign 
comes from individuals who are not the constituents of the particular 
elected officials who benefit. In fact, a number of members of the 
House and Senate actually receive the majority of their funding from 
people they do not even represent.
  I am convinced, Mr. President, that this reliance on non-constituent 
funding for federal campaigns is at the root of current public 
dissatisfaction with our electoral system. Certainly, people are 
concerned regarding large contributions to the national parties, be 
they from individuals, corporations or labor unions. But more 
distressing, in my view, is the financing of elections by people and 
organizations from outside states.
  Clearly, the first amendment places constraints on any attempt to 
address this glaring problem. But I believe it is possible to craft 
legislation protecting the rights of political speech while also 
limiting the influence of non-constituent campaign money. That is why I 
have joined with Senator Hagel to file an amendment to the pending 
bill, limiting the amount of non-constituent money a candidate for 
federal office may receive.
  Rather than limiting the ability of individuals or organizations to 
have their voices heard, this amendment would limit a candidate's 
ability to depend on non-constituent sources for campaign financing. 
Specifically, it would cap at 40 percent the total amount of money a 
candidate's campaign can accept from individuals or political action 
committees from outside the state. In addition, donations from 
political action committees, be they in-state or out-of-state, would be 
capped at 20 percent of the campaign total.
  In addition, Mr. President, this amendment would provide for full and 
immediate disclosure, within 48 hours, of all expenditures and 
contributions by campaigns, national party committees, state parties 
and groups or individuals paying for independent expenditures. Like the 
amendment's other provisions, this aims to empower voters by keeping 
them fully informed as to the sources of candidates' contributions and 
support. The amendment's provision increasing the amount an individual 
may contribute to a federal candidate to $5,000 per election also would 
level the playing field between individuals and special interests. To 
level the playing field between incumbents and challengers, without 
interfering with representatives' duties, the amendment also would 
limit Congressional use of the franking privilege.
  Finally, this amendment would establish once and for all that 
accepting any contribution in a federal building is illegal.
  This amendment, in my view, would help rebuild the necessary 
connection between political candidates and their constituencies--the 
tie on which our freedom relies, and which the bulk of McCain-Feingold 
would only weaken further.
  Let me comment briefly now, Mr. President, on the legislation the 
McCain-Feingold amendment seeks to replace. I understand that the 
Majority Leader's bill provides paycheck protection for workers, 
thereby protecting American workers' first amendment right to support 
the candidates of their own choosing, as well as redressing some of the 
current imbalance in campaign financing. But, while supporting the idea 
of paycheck protection as a matter of fundamental fairness, I do not 
believe that it provides sufficient protection for the interests of in-
state constituents. The bill, while it aims at a worthy goal, is not in 
my view sufficiently broad to constitute full and satisfactory campaign 
finance reform.
  I look forward to working with the Majority Leader and my colleagues 
in crafting comprehensive campaign finance reform, in keeping with the 
principles I have laid out today.
  But I would urge my colleagues not to wait for Congressional action 
to change their own campaign finance practices.
  I for one do not for a moment believe that members of the body would 
change their votes or their fundamental political beliefs in pursuit of 
campaign dollars. Nonetheless, public confidence in our electoral 
system demands that we eliminate any appearance of impropriety in 
campaigning. This requires, in my view, that members of this body 
reject the argument that they cannot ``unilaterally disarm'' by 
voluntarily reforming their own conduct.
  Instead of focusing exclusively on passing legislation that will 
supposedly save us from ourselves, I believe it is incumbent upon each 
of us to undertake those actions we determine to be most appropriate in 
addressing current perception problems. Each of us should strive to set 
an example of good conduct, regardless of what the campaign finance 
laws might permit.
  If, for example, we think it is wrong to receive a disproportionate 
amount of our campaign contributions from outside our States, we should 
simply stop doing so. Similarly, if we believe that independent 
committees operating on our behalf, or in support of our efforts, are 
acting inappropriately, we should say so, clearly, publicly and without 
hesitation.
  The real test of our convictions regarding campaign finance reform 
will not take place on this floor, Mr. President, but in our home 
states. Each of us must take action, independent of federal 
legislation, to mold our actions in accordance with our fundamental 
principles. That means, for example, that, should I decide to seek re-
election, I will continue the practice I established during my first 
Senate campaign: I will unilaterally limit the flow of PAC and out-of-
state dollars to my campaign. Should this practice put me at an 
electoral disadvantage, so be it. Reliance on my constituents for the 
bulk of my campaign financing is a principle too important to me to let 
go of under any circumstances.
  I hope my colleagues will join me, not only in pursuing fundamental 
electoral reform that maintains respect for first amendment rights and 
strong relations between representatives and their constituents, but 
also in acting on these principles themselves in the immediate 
future.

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