Jeff Merkley on Government Reform Democratic Jr Senator (OR)

We the People democracy: extend vote to DC & territories

The latter proposal is vital for a country that began with a revolt against colonialism. It is shocking, at this late stage in the American experiment, that roughly 4 million US citizens are denied voting representation in Congress. Merkley knows there will be pushback from Republicans, and perhaps even from some within his own party. But he reminds us that "we need real, equal representation if we want a government that responds to the big issues impacting working families' lives."

Nuclear option: Allow confirmation of Obama's appointees

"This is a terrific vote for the US Senate," said Merkley. "The American people want this institution to function. They want to see it take on the big issues. They don't want to see the entire calendar of the year eaten up by paralyzing process on nominations."

Filibuster reform has long been a marquee issue for Merkley (OR) & Udall (NM), who are part of a new breed of Senate reformers who have never served in the minority. Now, they're looking to expand their change to filibuster rules governing legislation--but that's going to be a much harder sell.

Critics of the two first-term senators say they led a movement they don't even understand--they have only served in the majority, longtime GOP senators charge, and don't appreciate ways that the filibuster has been used to the benefit of the country in the past.

Oppose FISA: no immunity for telecomm surveillance

Merkley sees controversy in the part of the bill which gives immunity to telecommunications companies that participated in surveillance on domestic citizens. "The bill will force federal district courts to immediately dismiss any cases against telecommunications companies that participated in illegal surveillance," Merkley wrote. "This is unacceptable. The Constitution of the United States was violated. Over several years telecommunications companies turned over the records of millions of innocent Americans to the federal government without proper oversight and without a warrant."

Spending limits on campaigns, plus full disclosure

A: Yes.

Q: Do you support imposing spending limits on state level political campaigns?

A: Yes.

Q: Would you vote to ratify an amendment to the U.S. Constitution requiring an annual balanced federal budget?

A: No.

Q: Do you support using vote-by-mail for all elections?

A: Yes.

Require full disclosure of independent campaign expenditures.

Congressional Summary:

• Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2012 or DISCLOSE Act:
• Amends the Federal Election Campaign Act of 1971 (FECA) to add to the definition of `independent expenditure` an expenditure by a person that expressly advocates the election or defeat of a clearly identified candidate, or takes a position on a candidates, qualifications, or fitness for office.
• Expands the period during which certain communications are treated as electioneering communications.
• Prescribes disclosure requirements for corporations, labor organizations, and certain other entities, including a political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under FECA (but only with respect to such accounts).
• Repeals the prohibition against political contributions by individuals age 17 or younger.

• On January 21, 2010, the Supreme Court, in Citizens United v. Federal Election Commission, ruled that prohibiting corporations and unions from making independent expenditures in political campaigns was unconstitutional. This ruling is frequently described as permitting corporations and unions to donate to political campaigns, but these claims are incorrect. The ruling did remove the previous ban on corporations and organizations using their funds for direct advocacy, including endorsing for or against specific candidates, actions that were previously prohibited.

  The result of Citizens United was that `Super PACs` spent millions on TV ads in the 2012 election, advocating both issues and candidates. The DISCLOSE Act attempts to reduce the negative effect of Citizens United by requiring disclosure of independent expenditures made by advocacy groups.

  Source: S3369/HR4010 12-S3369 on Jul 10, 2012

  Matching fund for small donors, with debate requirements.

  Merkley signed Senate Campaign Disclosure Parity Act

  Congressional Summary:Fair Elections Now Act--Amends 1971 FECA with respect to:

  • 500% matching payments to candidates for certain small dollar contributions;
  • a public debate requirement;
  • establishment of the Fair Elections Fund and of a Fair Elections Oversight Board;
  • remission to the Fair Elections Fund of unspent funds after an election civil penalties for violation of contribution and expenditure requirements;
  • Requires all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC in electronic form accessible by computers.

  Statement of support for corresponding Senate bill: (Sunlight Foundation) Now we bring you the Senate Campaign Disclosure Parity Act, a bill that should probably be the least controversial of all. S. 375 would simply require senators and Senate candidates to file their public campaign finance disclosure reports electronically with the Federal Election Commission, the way House candidates and presidential candidates have been filing for over a decade. A version of the bill has been introduced during every congress starting in 2003 (!) yet it has been blocked repeatedly, a victim of political football.

  Sen. Jon Tester, D-Mont., has introduced the most recent version, which would ensure that paper Senate campaign finance reports are a thing of the past. But even with 50 bipartisan cosponsors, the bill faces an uphill battle. Minority Leader Mitch McConnell, R-Ky, has repeatedly prevented the bill from coming to the Senate floor. We won`t be deterred--as long as McConnell continues to block the bill, we`ll continue to highlight that his intransigence results in delayed disclosure of vital, public campaign finance information, not to mention wasting $500,000 in taxpayer money annually. Eventually, we`ll win.

  Source: S375/H.R.269 14_S375 on Feb 25, 2013

  Statehood for the District of Columbia.

  Merkley co-sponsored H.R.317

  Congressional Summary: Sets forth procedures for admission into the United States of the state of New Columbia.

  • Requires the Mayor of the District of Columbia to submit to the voters propositions for statehood and adoption of a State Constitution, and issue a proclamation for the first elections to Congress of two Senators and one Representative of New Columbia.
  • Requires the President to issue a proclamation announcing the results and admitting New Columbia into the Union.
  • Provides for conversion of District government offices to state offices.

  Opponents reasons for voting NAY: (DCist.com, Sept. 2014): The Argument Against: Congress does not have the authority to grant statehood to D.C.; the 23rd amendment, which gave D.C. three electoral votes, would have to be repealed before statehood was granted. Washington is a wholly urban, one-industry town, dependent on the federal government far in excess of any other state. Moreover, with Congress no longer having authority over New Columbia but dependent on it, New Columbia could exert influence on the federal government far in excess of any other state.

  Supporters reasons for voting YEA: [Rep. Eleanor Holmes Norton, D-DC; the District of Columbia has one representative to Congress and no Senators; Rep. Holmes can introduce bills but her vote does not count]: This 51st state would have no jurisdiction over the federal territory or enclave that now consists of the Washington that Members of Congress and visitors associate with the capital of our country. Those would remain under federal jurisdiction. The New Columbia Admission Act was the first bill I introduced in 1991. Statehood is the only alternative for the citizens of the District of Columbia. To be content with less than statehood is to concede the equality of citizenship that is the birthright of our residents as citizens of the United States.

  Source: New Columbia Admission Act 15_H317 on Jan 13, 2015

  Public financing of federal campaigns by voter vouchers.

  Merkley co-sponsored H.R.20 & S.366

  Congressional Summary:<

  • Allow a refundable tax credit of 50% of cash contributions to congressional House campaigns, to be known as `My Voice Federal` contributions.
  • Select three states to operate a voucher pilot program.
  • Provide, upon request, a `My Voice Voucher` worth $50.
  • Authorizes the individual to submit the My Voice Voucher to qualified federal election candidates, allocating a portion of its value in $5 increments.
  • Permits an individual to revoke a My Voice Voucher within two days after submitting it to a candidate.
  • Establishes the Freedom From Influence Fund in the Treasury [for 6-to-1 matching funds for the vouchers].
  • Allows taxpayers to designate overpayments of tax for contribution to the Freedom From Influence Fund.

  Supporters reasons for voting YEA:Rep. Sarbanes: Big money warps Congress` priorities and erodes the public`s trust in government. This bold new legislation returns voice and power back to the American people:

  1. Empower everyday citizens to fuel Congressional campaigns by providing a My Voice Tax Credit.
  2. Amplify the voices of everyday Americans through a 6-to-1 match.
  3. Prevent Super PACs from drowning out small donor-backed candidates.

  Opponents reasons for voting NAY:(Bill Moyers, Feb. 19, 2015): This citizen engagement strategy, particularly when used to court small donors, is not without its critics. Small donors, at least in the current system, often tend to be political ideologues. That trend leaves many asking: won`t moving to small donors just empower extremists? Sarbanes counters, if Congress changes the political fundraising rules, they will also change the calculus for `the rational small donor who right now isn`t going to give $25 because they`ve figured out that it`s not going to matter.` The prospect of a 6-to-1 match might very well impact how those less ideologically extreme potential donors think about political giving.

  Source: Government By the People Act 15_S366 on Feb 4, 2015

  Sponsored bill for election holiday & easier voting access.

  Merkley co-sponsored For the People Act of 2019
  • This bill expands voter registration and voting access, makes Election Day a federal holiday, and limits removing voters from voter rolls.
  • The bill provides for states to establish independent, nonpartisan redistricting commissions.
  • The bill also sets forth provisions for sharing intelligence information with state election officials, and supporting states in securing their election systems, and establishing the National Commission to Protect U.S. Democratic Institutions.
  • This bill addresses campaign spending, by expanding the ban on foreign nationals contributing to or spending on elections; and expanding disclosure rules.
  • This bill establishes an alternative campaign funding system [with] federal matching of small contributions for qualified candidates.
  • The bill also requires candidates for President and Vice President to submit 10 years of tax returns.

  Opposing argument from the Heritage Foundation, 2/1/2019: HR1 federalizes and micromanages the election process administered by the states, imposing unnecessary mandates on the states and reversing the decentralization of the American election process. What HR1 Would Do:

  • Seize the authority of states to regulate the voting process by forcing states to implement early voting, automatic voter registration, same-day registration, online voter registration, and no-fault absentee balloting.
  • Make it easier to commit fraud at the polls through same-day registration, as election officials have no time to verify the accuracy of voter registration.
  • Degrade the accuracy of registration lists by automatically registering individuals from state databases, such as DMV.
  • Cripple the effectiveness of state voter ID laws by allowing individuals to vote without an ID and merely signing a statement in which they claim they are who they say they are.

  Legislative outcome: Passed House 234-193-5 on 3/8/19; received with no action in Senate thru 12/31/2019

  Source: H.R.1 &S.949 19-S949 on Jan 3, 2019

  Judicially liberal, according to CC survey.

  Merkley opposes the Christian Coalition survey question on judicial Constitutionalism

  The Christian Coalition inferred whether candidates agree or disagree with the statement, 'Appointing Judges Who Will Adhere to a Strict Interpretation of the Constitution?' Self-description by Christian Coalition of America: "These guides help give voters a clear understanding of where candidates stand on important pro-family issues" for all Senate and Presidential candidates.

  Source: CC Survey 20CC-1A on Sep 10, 2020

  Sponsored bill to expand voter registration and voter access.

  Merkley sponsored For the People Act

  S.1 and H.R.1: For the People Act: This bill addresses voter access, election integrity and security, campaign finance, and ethics for the three branches of government:

  • The bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting).
  • It also limits removing voters from voter rolls.
  • The bill requires states to establish independent redistricting commissions to carry out congressional redistricting.
  • The bill requires the President, the Vice President, and certain candidates for those offices to disclose 10 years of tax returns.

  Sen. John Thune in OPPOSITION (9/22/21): This radical legislation would provide for a massive federal takeover of our electoral system, chill free speech, and turn the Federal Election Commission--the primary enforcer of election law in this country--into a partisan body. This radical legislation would undermine state voter ID laws and make it easier for those here illegally to vote.

  And, most of all, it would put Washington, not state governments, in charge of elections--for no reason at all. There is no systemic problem with state election laws. And state election officials do not need Washington bureaucrats dictating how many days of early voting they should offer, or how they should manage mail-in ballots.

  Biden Administration in SUPPORT (3/1/21): In the wake of an unprecedented assault on our democracy, a never before seen effort to ignore, undermine, and undo the will of the people, and a newly aggressive attack on voting rights taking place right now all across the country, this landmark legislation is urgently needed to protect the fundamental right to vote and the integrity of our elections, and to repair and strengthen American democracy.

  Legislative Outcome: Passed House 220-210-2 on March 3, 2021 (rollcall #62); received in the Senate on March 11; no further Senate action during 2021.

  Source: S.1/H.R.1 21-HR1 on Jan 4, 2021

  Remove President Trump from office for inciting insurrection.

  Merkley voted YEA removing President Trump from office for inciting insurrection

  GovTrack.us summary of H.Res.24: Article of Impeachment Against Former President Donald John Trump:

  The House impeached President Trump for the second time, charging him with incitement of insurrection. The impeachment resolution accused the President of inciting the violent riot that occurred on January 6, when his supporters invaded the United States Capitol injuring and killing Capitol Police and endangering the safety of members of Congress. It cites statements from President Trump to the rioters such as `if you don`t fight like hell you`re not going to have a country anymore,` as well as persistent lies that he won the 2020 Presidential election.

  Legislative Outcome:

  Bill introduced Jan 11, 2021, with 217 co-sponsors; House rollcall vote #117 passed 232-197-4 on Jan. 13th (a YES vote in the House was to impeach President Trump for inciting insurrection); Senate rollcall vote #59 rejected 57-43-0 on Feb. 13th (2/3 required in Senate to pass; a YES vote in the Senate would have found President Trump guilty, but since he had already left office at that time, a guilty verdict would have barred Trump from running for President in the future)

  Source: Congressional vote 21-HR24S on Jan 11, 2021

  Sponsored bill for statehood for Washington D.C.

  Merkley co-sponsored Washington D.C. Admission Act

  Legislative Summary: This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth, composed of most of the territory of the District of Columbia. The commonwealth shall be admitted to the Union on an equal footing with the other states. District territory excluded from the commonwealth shall be known as the Capital and shall be the seat of the federal government. The bill maintains the federal government`s authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the 23rd Amendment to the Constitution [the current rule for D.C.].

  WETM 18-Elmira analysis: The House of Representatives passed a bill that would make Washington D.C. into a state. While Democrats say it`s time to make D.C. a state, Republicans say the motivation is purely political.

  D.C. House Delegate Eleanor Holmes Norton (D) introduced this bill and says district residents deserve full representation in Congress. `D.C. residents are taxed without representation and cannot consent to the laws under which they as American citizens must live,` Norton said.

  While Democrats say this is about fairness, Republicans say this isn`t about the people, it`s about the politics. As a state, D.C. would likely add two new Democrats to the Senate.

  `This is about a Democrat power grab,` Congressman Fred Keller (R-Penn.) said. Keller and Congressman James Comer (R-Ky.) say Democrats are forcing this issue through for one reason. `HR 51 is not really about voting representation. It`s about Democrats consolidating their power in Washington,` Comer said.

  Legislative Outcome: Passed House 216-208-6 on 4/22/21 (rollcall #132); introduced in Senate with 45 co-sponsors but no further Senate action during 2021.

  Source: H.R.51/S.51 21-HR51 on Jan 4, 2021

  Sponsored "Protecting Our Democracy" to restrict president.

  Merkley co-sponsored Protecting Our Democracy Act

  H.R.5314, `Protecting Our Democracy Act,` addresses issues involving

  1. abuses of presidential power;
  2. checks and balances, accountability, and transparency; and
  3. election integrity and security.
  Specifically, regarding abuses of presidential power, the bill:
  • requires the President to submit to Congress specified materials relating to certain pardons,
  • prohibits presidential self-pardons,
  • suspends the statute of limitations for federal offenses committed by a sitting President or Vice President,
  • prohibits the acceptance of foreign or domestic emoluments,
  • imposes limits on presidential declarations of emergencies,
  • requires DOJ to maintain a log of specified communications between it and the White House,
  • increases whistleblower protections, and
  • requires a candidate for President or Vice President to provide copies of tax returns for the 10 most recent taxable years.

  Opinion by Rep. Brooks (R-AL-5) to vote NO, 12/9/21: Brooks voted `No` on H.R. 5314, a bill that perpetuates the now-debunked Russian Collusion claims that have resulted in indictments against the Democrat shills that fabricated it. Brooks said, `Trump Derangement Syndrome does not do justice to the word `obsession`. HR 5314 is a list of grievances against President Trump that go back to 2016.` Brooks concluded, `The American people would be better served if Socialist Democrats spent their time investigating Hunter Biden`s shady art and influence-peddling deals that reek of corruption. The American people would be better served if the House considered border security legislation, welfare give-a-way program rollbacks, or bills aimed at addressing rising prices. Instead, we`re wasting time on partisan, unnecessary legislation that`s going nowhere in the Senate.`

  Legislative Outcome: Passed House 220-208-6 on 12/9/2021, Roll no. 440); introduced in Senate on 12/13/21; no further Senate action during 2021.

  Source: H.R.5314/S.2921 21-HR5314 on Sep 21, 2021

  Voted YES on two articles of impeachment against Trump.

  Merkley voted YEA Impeachment of President Trump

  RESOLUTION: Impeaching Donald Trump for high crimes and misdemeanors.

  ARTICLE I: ABUSE OF POWER: Using the powers of his high office, Pres. Trump solicited the interference of a foreign government, Ukraine, in the 2020 US Presidential election. He did so through a course of conduct that included
  1. Pres. Trump--acting both directly and through his agents--corruptly solicited the Government of Ukraine to publicly announce investigations into a political opponent, former Vice President Joseph Biden; and a discredited theory promoted by Russia alleging that Ukraine--rather than Russia--interfered in the 2016 US Presidential election.
  2. With the same corrupt motives, Pres. Trump conditioned two official acts on the public announcements that he had requested: (A) the release of $391 million that Congress had appropriated for the purpose of providing vital military and security assistance to Ukraine to oppose Russian aggression; and (B) a head of state meeting at the White House, which the President of Ukraine sought.
  3. Faced with the public revelation of his actions, Pres. Trump ultimately released the [funds] to the Government of Ukraine, but has persisted in openly soliciting Ukraine to undertake investigations for his personal political benefit.
  These actions were consistent with Pres. Trump`s previous invitations of foreign interference in US elections.
  ARTICLE II: OBSTRUCTION OF CONGRESS:
  1. Pres. Trump defied a lawful subpoena by withholding the production of documents sought [by Congress];
  2. defied lawful subpoenas [for] the production of documents and records;
  3. and directed current and former Executive Branch officials not to cooperate with the Committees.
  These actions were consistent with Pres. Trump`s previous efforts to undermine US Government investigations into foreign interference in US elections. Source: Congressional vote ImpeachK on Dec 18, 2019

  Click here for definitions & background information on Government Reform. Click here for a Wikipedia profile of Jeff Merkley. Click here for a Ballotpedia profile of Jeff Merkley. Click here for SenateMatch quiz answers by Jeff Merkley. Click here for a summary of Jeff Merkley's positions on all issues. Click here for issue positions of other OR politicians. Click here for issue statements from OR primary archives. Click here for issue statements from OR secondary archives.
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