THROUGH FIVE YEARS of debate and non-debate and negotiations and
stalls, cynics have charged that the House's enthusiastic support of
campaign finance reform had less to do with principle than with
sticking it to the Democrats. They've charged that the Senate never
wanted any type of reform, but worked very hard to make it look like
senators were supporting reform, while stopping just short of
allowing it to happen, to avoid owning up publicly to their
opposition.
Finally, it's put up or shut up time, time for senators and
representatives to prove the cynics wrong.
The House has passed a respectable bill, the Senate has amended
it with the best campaign finance reform bill we've seen in South
Carolina (and kudos to senators for forcing the issue, rather than
playing the usual legislative game of chicken to see who would give
in first and pass the other body's bill), and negotiators have been
named from both sides. They should make quick work of ensuring that
voters aren't kept in the dark in future elections as to who is
underwriting the campaigns.
Both sides say they want the same thing: to force disclosure.
While both likely would accomplish that in terms of political
parties, the Senate's language is far more likely to do the trick
with so-called independent expenditures. It goes beyond the House's
provision of requiring anyone who spends $500 or more to influence
our vote to report that. It actually spells out what that means, in
a way that even the Ethics Commission can't misinterpret out of
existence; it smartly borrows language from federal law to include
people who run clever ads designed to get around formulaic laws that
only counted campaign ads as campaign ads if they used such "magic
words" as "Elect Joe Smith" or "Defeat Susan Jones."
The Senate bill adds several nice provisions: It lets courts stop
abuses of the campaign law during the crucial final 50 days of a
campaign, when the Ethics Commission is barred from acting. It
requires the state to begin electronic filing of campaign finance
reports, so the public can easily review the information. It
requires candidates to report their donors' occupations, so we can
keep up with industry attempts to influence them. And it makes
candidates responsible for committees that act at their direction or
use their names. The House has supported many of these provisions in
the past; it should do so again.
The Senate bill also doubles, to $50 a day, the amount of money
special interests can spend on legislators and expands the
circumstances under which that entertaining can be done. These
changes certainly are not needed; senators should be willing to do
without them in return for the House accepting the rest of their
bill. But any damage they might do (and the damage is more symbolic
than substantive) would be minuscule compared to the good the
overall legislation would do.
There will be calls for the Legislature to delay action until the
U.S. Supreme Court rules, probably later this year, on the
constitutionality of the federal McCain-Feingold law. That's
uncalled-for. While this bill does borrow some language from that
law, it does so to a different effect -- not banning the defined
activities but merely requiring they be reported, as most states
already do. And delays come at a price: The sooner this bill passes,
the more likely that at least some parts of it -- and perhaps all of
it -- can apply to next year's elections, rather than waiting until
2006. We've already waited more than four years. That's long
enough.