[Congressional Record Volume 151, Number 17 (Wednesday, February 16, 2005)]
[Senate]
[Pages S1515-S1516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Kerry, Mrs. Boxer, and Mrs. 
        Clinton):
  S. 391. A bill to amend the Federal Election Campaign Act of 1971 to 
prohibit certain State election administration officials from actively 
participating in electoral campaigns; to the Committee on Rules and 
Administration.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Federal 
Election Integrity Act on behalf of myself and Senators Kerry, Boxer 
and Clinton. This bill creates a direct prohibition on chief State 
election officials from taking part in political campaigns by amending 
the Federal Campaign Act of 1971.
  Legislation is very much needed to eliminate an inherent conflict of 
interest that exists when a State's chief election administration 
official--the Secretary of State, the State Attorney General, or the 
Lieutenant Governor--is responsible for monitoring, supervising and 
certifying the results of a Federal election, while actively involved 
in the campaign of one of the candidates in that election.
  I know that this is a practice engaged in by both Democratic and 
Republican State officials on behalf of Federal candidates, but those 
officials in charge of certifying Federal elections must not allowed to 
serve two masters--the voters and the Federal candidate. It is not 
right and it undermines the faith and confidence that Americans in this 
Nation's election system, and impugns the integrity of the State 
election official and the Federal candidate. The will of voters must 
come before the personal partisan politics.
  In 2000 and again in 2004, we have witnessed two Secretaries of State 
capturing national press attention because of their involvement in 
elections where, literally, every single vote mattered.
  In the 2004 presidential election, Ohio Secretary of State Ken 
Blackwell was co-chairman of President Bush's re-election campaign in 
Ohio. On December 6th, 2004, Secretary of State Blackwell certified 
President Bush as the winner in Ohio with an 118,775-vote lead--closer 
than unofficial election night results, but not close enough to trigger 
a mandatory recount. Recount advocates have cited numerous Election Day 
problems in Ohio, including long lines, a shortage of voting machines 
in predominantly minority neighborhoods, and suspicious vote totals for 
candidates in scattered precincts.
  In the 2000 election, Florida Secretary of State Katherine Harris 
served as co-chair of President Bush's Florida campaign. President 
Bush's narrow victory in Florida gave him the State's 25 electoral 
votes necessary to win the presidency. A recount of thousands of 
Florida ballots and resulting court battles held up a resolution to the 
election for five weeks. There were reports of improprieties by 
Secretary of State Harris, including ballot tampering and the tampering 
of office computer files with Bush talking points and other supportive 
material.
  Just recently, California Secretary of State Kevin Shelley--a 
Democrat--resigned due to allegations that he improperly used Federal 
election funds for partisan activities.
  In all these cases, I am sure that the Secretaries of State were 
honorable public servants who made some very unpopular, difficult 
decisions under intense public scrutiny. But as far as the voters are 
considered, the Secretaries engaged in partisan political activity that 
tainted the results of the elections. This legislation fixes that.
  Secretaries of State and other State election officials with 
supervisory authority over the administration of Federal elections 
should not be actively involved in the political campaign or management 
of a candidate running for Federal office in their State. The Secretary 
of State is the primary election administration official in 39 States; 
despite that, history has shown numerous Secretaries of State chairing 
the political campaigns of Federal candidates in their State.
  There is a direct conflict of interest when an election official 
charged with supervising the administration of Federal elections and 
ensuring the fairness and accuracy of the results of Federal elections 
has a direct role in a Federal candidate's campaign.
  Again, this is not an issue of Democrats versus Republicans. Rather, 
this is an issue of preserving the American people's faith and 
confidence in the election process. Simply put, election officials 
responsible for ensuring fair and accurate Federal elections should not 
be actively cheering for and aiding a candidate in those elections.
  I ask unanimous consent that the text of the ``Federal Election 
Integrity Act'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 391

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S1516]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Election Integrity 
     Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) chief State election administration officials have 
     served on political campaigns for Federal candidates whose 
     elections those officials will supervise;
       (2) such partisan activity by the chief State election 
     administration official, an individual charged with 
     certifying the validity of an election, represents a 
     fundamental conflict of interest that may prevent the 
     official from ensuring a fair and accurate election;
       (3) this conflict impedes the legal duty of chief State 
     election administration officials to supervise Federal 
     elections, undermines the integrity of Federal elections, and 
     diminishes the people's confidence in our electoral system by 
     casting doubt on the results of Federal elections;
       (4) the Supreme Court has long recognized that Congress's 
     power to regulate Congressional elections under Article I, 
     Section 4, Clause 1 of the Constitution is both plenary and 
     powerful; and
       (5) the Supreme Court and numerous appellate courts have 
     recognized that the broad power given to Congress over 
     Congressional elections extends to Presidential elections.

     SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION 
                   ADMINISTRATION OFFICIALS.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting 
     after section 319 the following new section:


              ``CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS

       ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a 
     chief State election administration official to take an 
     active part in political management or in a political 
     campaign with respect to any election for Federal office over 
     which such official has supervisory authority.
       ``(b) Chief State Election Administration Official.--The 
     term `chief State election administration official' means the 
     highest State official with responsibility for the 
     administration of Federal elections under State law.
       ``(c) Active Part in Political Management or in a Political 
     Campaign.--The term `active part in political management or 
     in a political campaign' means--
       ``(1) serving as a member of an authorized committee of 
     candidate for Federal office;
       ``(2) the use of official authority or influence for the 
     purpose of interfering with or affecting the result of an 
     election for Federal office;
       ``(3) the solicitation, acceptance, or receipt of political 
     contributions from any person on behalf of a candidate for 
     Federal office;
       ``(4) the solicitation or discouragement of the 
     participation in any political activity of any person;
       ``(5) engaging in partisan political activity on behalf of 
     a candidate for Federal office; and
       ``(6) any other act prohibited under section 7323(b)(4) of 
     title 5, United States Code (other than any prohibition on 
     running for public office).''.
       (b) Enforcement.--Section 309 of the Federal Election 
     Campaign Act of 1971 (42 U.S.C. 437g) is amended by adding at 
     the end the following new subsection:
       ``(d)(1) Notwithstanding paragraphs (1) through (5) of 
     subsection (a), any person who has knowledge of a violation 
     of section 319A has occurred may file a complaint with the 
     Commission. Such complaint shall be in writing, signed and 
     sworn to by the person filing such complaint, shall be 
     notarized, and shall be made under penalty of perjury subject 
     to the provisions of section 1001 of title 18, United States 
     Code. The Commission shall promptly notify any person alleged 
     in the complaint and the candidate with respect to whom a 
     violation is alleged, and shall give such person and such 
     candidate an opportunity to respond. Not later than 14 days 
     after the date on which such a complaint is filed, the 
     Commission shall make a determination on such complaint.
       ``(2)(A) If the Commission determines by an affirmative 
     vote of a majority of the members voting that a person has 
     committed a violation of section 319A, the Commission shall 
     require the person to pay a civil money penalty in an amount 
     determined under a schedule of penalties which is established 
     and published by the Commission.
       ``(B) If the Commission determines by an affirmative vote 
     of a majority of the members voting that a person has 
     committed a violation of section 319A under subparagraph (A) 
     and that the candidate knew of the violation at the time such 
     violation occurred, the Commission may require such candidate 
     to pay a civil money penalty in an amount determined under a 
     schedule of penalties which is established and published by 
     the Commission.''.
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