Campaign Finance Reform Is Back

The Legislature is moving to respond to the U.S. Supreme Court’s Citizens United v. Federal Election Commission decision. On Thursday the Senate Judiciary Committee took up a campaign finance bill passed its way after a quick read Wednesday in the Senate Government Operations Committee.

The proposal is only two pages long. That makes it the shortest campaign finance bill lawmakers have considered in the 13 years since the state’s comprehensive campaign finance reform law was passed in 1997. That law was overturned by the U.S. Supreme Court in 2006.

The Legislature has tried three times since then to come up with a replacement. Twice efforts have been thwarted by the governor, through a veto. A third bill was passed last year by the Senate and sits in the House.

This year’s bill doesn’t have a number, suggesting it will be offered as an amendment to the bill now in the House.

The new bill would increase penalties for campaign finance violations 10,000 percent — from $1,000 to $100,000. Jail time would be increased 1,000 percent — from six months to five years.

Campaign finance violations are serious crimes, senators said, and the penalties should reflect that.

Under the bill, members of the boards of directors of corporations or other organizations — including nonprofits — would be liable for campaign violations by their organizations.

The bill also carries a requirement that “electioneering communications”  must carry disclosures that, in the case of radio ads, would have to be broadcast every five seconds that the ad is running.

That provision brought some skeptical questions Thursday in the Judiciary Committee. Statements that include the name and address of the sponsor would likely take up as much time as the ad’s message itself, some senators said.

The provision applies to so-called “independent” campaign communications, or communications placed by someone other than the candidate. It was these sorts of communications that were the subject of the Citizens United decision.

Vermont Law School Professor Cheryl Hanna offered testimony that included an invitation to senators to see what might be a bright lining in the Citizens United decision: “It asks us to think about how, in a modern age with changed technology, we can best provide citizens with the information they need to make the best decisions,” she said.