Sen. Corker introduces "Campaign Accountability Act of 2007"

Published on April 13, 2007 08:29 AM
by Paul Sherman

File Under: Coordination, Political Parties

Senator Bob Corker (R-Tennessee), joined by Senator Bob Bennett (R-Utah), has just introduced the "Campaign Accountability Act of 2007" (S. 1091).  The text of the bill isn't available on Thomas yet, but CCP has obtained a copy.  Here's a sneak peek.

The bill is similar to an amendment Sen. Bennett previously offered to the Senate electronic disclosure bill (S. 223).  It would remove party coordinated expenditure limits under FECA sec. 441a(d).  Currently, parties are limited in the amount of coordinated expenditures they may make on behalf of federal candidates.  These limits are determined state-by-state on the basis of population.  Parties may continue to make expenditures beyond these limits, but they must be made independently of the candidate.  Parties, however, have different incentives than candidates, which some believe have led them to run unduly negative ads.  Sen. Corker has seen this firsthand; party independent expenditures against Harold Ford, Corker's most recent opponent, were widely criticized as appealing to racism.

Several solutions have been proposed.  Rep. Christopher Shays has suggested that accountability could be restored by giving candidates the power to veto party independent expenditures, a scheme that seems to clearly run contrary to the Supreme Court's decision in Colorado I.  Others, including very prominent members of the "reform" community, have suggested simply removing the limits.  But many of these same "reformers" were sharply critical of Sen. Bennett's amendment, labelling it a "poison pill."  We commented on this apparent change in position late last month, and it will be interesting to see if these former boosters of abolishing the 441a(d) limits come back around to their earlier position now that the proposal is offered as a stand-alone bill.

That's the issue in a nutshell.  So, without further ado, here is how the amended text of sec. 441a(d) would read: 

(d)  Expenditures by national committee, State committee, or subordinate committee of state committee in connection with general election campaign of candidates for Federal office.

(1)  Notwithstanding any other provision of law with respect to limitations on amounts of expenditures or contributions, a national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with any election campaign of candidates for Federal office in any amount.

For those interested in a more detailed discussion of these issues, CCP recently wrote a policy primer discussing the constitutionality of the Shays proposal and commenting on the possibility of repealing the 441a(d) limits.