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Tom Udall on Government Reform

Democratic Jr Senator; previously Representative (NM-3)

 


Introduced amendment to reverse Citizens United

The 2010 Supreme Court decision in Citizens United v. FEC was a victory for special interests at the expense of the American people. That's why he introduced a constitutional amendment to reverse the disastrous effect this decision has had on our democracy. The amendment would allow Congress to regulate Super PACs and would give the states the same authority to regulate campaign finance at their level. The amendment would effectively rein in the unprecedented flood of secret money in campaigns.
Source: 2021 New Mexico Senate campaign website TomUdall.com , Jul 28, 2021

Fought for filibuster reform: favors the talking filibuster

In order to change the way Washington works Tom has been leading the effort to reform the filibuster. Today, senators use the filibuster on a massive scale to obstruct legislation. That is why Tom is fighting for filibuster reform through the Constitutional Option. It's time we institute a "talking filibuster," and get back to the work that senators were elected to do--grow our economy, invest in our kids, and make the middle class strong and secure.
Source: 2021 New Mexico Senate campaign website TomUdall.com , Jul 28, 2021

Abolish Electoral College; extend vote to DC & territories

Senator Jeff Merkley and Senator Tom Udall have introduced bills designed to create what Merkley refers to as "We the People" democracy. With Udall, he's proposing a constitutional amendment to abolish the Electoral College and a plan to establish a commission to develop proposals for providing citizens of the District of Columbia, Puerto Rico, and the territories of Guam, the US Virgin Islands, American Samoa, and the Northern Mariana Islands with full voting representation in Congress.

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."

Source: The Nation magazine on 2020 New Mexico Senate race , Apr 8, 2019

Nuclear option: Allow confirmation of Obama's appointees

Ever since they arrived in the Senate, Jeff Merkley and Tom Udall have had one huge, seemingly insurmountable goal: To change Senate rules on the filibuster. On Thursday, they won.

"I'm just so encouraged now that we're going to be able to--without filibusters--put people on the courts in an orderly way," Udall said. Filibuster reform has long been a marquee issue for Merkley (OR) and Udall (NM). Now, they're looking to expand their change to filibuster rules governing legislation--but that's going to be a much harder sell.

Udall recalled that he campaigned on the idea when he was first elected to the Senate in 2008. Once he was sworn in, he said he began thinking "immediately" about how to most effectively go about campaigning for such a radical change in an institution that runs on tradition.

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

Source: Politico.com coverage of 2014 New Mexico Senate race , Nov 21, 2013

Support an independent, non-partisan ethics commission

I prosecuted corrupt politicians, even when they were in my own party. One thing they don’t have in Washington, DC is an independent watchdog to crack down on corruption in Congress. This is needed to ensure that no Member of Congress is benefiting financially from his or her service. Too often, investigations & allegations become mired in an atmosphere of partisan wrangling. I support an independent, non-partisan commission with the power to investigate charges of wrongdoing by members of Congress
Source: 2008 Senate campaign website, www.tomudall.com , Aug 12, 2008

Voted YES on providing a US House seat for the District of Columbia.

Congressional Summary:

Proponent's argument to vote Yes:Sen. ORRIN HATCH (R-UT): I am cosponsoring the legislation to provide a House seat for DC and an additional House seat for Utah. Representation and suffrage are so central to the American system of self-government that America's founders warned that limiting suffrage would risk another revolution and could prevent ratification of the Constitution. The Supreme Court held in 1820 that Congress' legislative authority over DC allows taxation of DC. Do opponents of giving DC a House seat believe that DC is suitable for taxation but not for representation?

Opponent's argument to vote No:Sen. JOHN McCAIN (R-AZ): I make a constitutional point of order against this bill on the grounds that it violates article I, section 2, of the Constitution. I appreciate the frustration felt by the residents of DC at the absence of a vote in Congress. According to many experts, DC is not a State, so therefore is not entitled to that representation. Also, one has to raise the obvious question: If DC is entitled to a Representative, why isn't Puerto Rico, which would probably entail 9 or 10 Members of Congress? [With regards to the seat for Utah], this is obviously partisan horse-trading.

Reference: District of Columbia House Voting Rights Act; Bill S.160 ; vote number 2009-S073 on Feb 26, 2009

Voted YES on requiring lobbyist disclosure of bundled donations.

Amends the Lobbying Disclosure Act of 1995 to require a registered lobbyist who bundles contributions totaling over $5,000 to one covered recipient in one quarter to:
  1. file a quarterly report with Congress; and
  2. notify the recipient.
"Covered recipient" includes federal candidates, political party committees, or leadership PACs [but not regular PACs].

Proponents support voting YES because:

This measure will more effectively regulate, but does not ban, the practice of registered lobbyists bundling together large numbers of campaign contributions. This is a practice that has already taken root in Presidential campaigns. "Bundling" contributions which the lobbyist physically receives and forwards to the candidate, or which are credited to the lobbyist through a specific tracking system put in place by the candidate. This bill requires quarterly reporting on bundled contributions.

We ultimately need to move to assist the public financing of campaigns, as soon as we can. But until we do, the legislation today represents an extremely important step forward.

Opponents support voting NO because:

This legislation does not require that bundled contributions to political action committees, often referred to as PACs, be disclosed. Why are PACs omitted from the disclosure requirements in this legislation?

If we are requiring the disclosure of bundled contributions to political party committees, those same disclosure rules should also apply to contributions to PACs. Party committees represent all members of that party affiliation. PACs, on the other hand, represent more narrow, special interests. Why should the former be exposed to more sunshine, but not the latter?

The fact that PACs give more money to Democrats is not the only answer. Time and again the majority party picks favorites, when what the American people want is more honesty and more accountability.

Reference: Honest Leadership and Open Government Act; Bill H R 2316 ; vote number 2007-423 on May 24, 2007

Voted YES on granting Washington DC an Electoral vote & vote in Congress.

Bill to provide for the treatment of the District of Columbia as a Congressional district for representation in the House of Representatives, and in the Electoral College. Increases membership of the House from 435 to 437 Members beginning with the 110th Congress. [Political note: D.C. currently has a non-voting delegate to the US House. Residents of D.C. overwhelmingly vote Democratic, so the result of this bill would be an additional Democratic vote in the House and for President].

Proponents support voting YES because:

This bill corrects a 200-year-old oversight by restoring to the citizens of the District of Columbia the right to elect a Member of the House of Representatives who has the same voting rights as all other Members.

Residents of D.C. serve in the military. They pay Federal taxes each year. Yet they are denied the basic right of full representation in the House of Representatives.

The District of Columbia was created to prevent any State from unduly influencing the operations of the Federal Government. However, there is simply no evidence that the Framers of the Constitution thought it was necessary to keep D.C. residents from being represented in the House by a voting Member.

Opponents support voting NO because:

The proponents of this bill in 1978 believed that the way to allow D.C. representation was to ratify a constitutional amendment. The Founders of the country had the debate at that time: Should we give D.C. a Representative? They said no. So if you want to fix it, you do it by making a constitutional amendment.

Alternatively, we simply could have solved the D.C. representation problem by retroceding, by giving back part of D.C. to Maryland. There is precedent for this. In 1846, Congress took that perfectly legal step of returning present-day Arlington to the State of Virginia.

Reference: District of Columbia House Voting Rights Act; Bill H R 1905 ; vote number 2007-231 on Apr 19, 2007

Voted YES on protecting whistleblowers from employer recrimination.

Expands the types of whistleblower disclosures protected from personnel reprisals for federal employees, particularly on national security issues.

Proponents support voting YES because:

This bill would strengthen one of our most important weapons against waste, fraud and abuse, and that is Federal whistleblower protections. Federal employees are on the inside and offer accountability. They can see where there is waste going on or if there is corruption going on.

One of the most important provisions protects national security whistleblowers. There are a lot of Federal officials who knew the intelligence on Iraq was wrong. But none of these officials could come forward. If they did, they could have been stripped of their security clearances, or they could have been fired. Nobody blew the whistle on the phony intelligence that got us into the Iraq war.

Opponents support voting NO because:

It is important that personnel within the intelligence community have appropriate opportunities to bring matters to Congress so long as the mechanisms to do so safeguard highly sensitive classified information and programs. The bill before us suffers from a number of problems:

  1. The bill would conflict with the provisions of the existing Intelligence Community Whistleblower Protection Act of 1998, which protecting sensitive national security information from unauthorized disclosure to persons not entitled to receive it.
  2. The bill violates the rules of the House by encouraging intelligence community personnel to report highly sensitive intelligence matters to committees other than the Intelligence Committees. The real issue is one of protecting highly classified intelligence programs and ensuring that any oversight is conducted by Members with the appropriate experiences, expertise, and clearances.
  3. This bill would make every claim of a self-described whistleblower, whether meritorious or not, subject to extended and protracted litigation.
Reference: Whistleblower Protection Enhancement Act; Bill H R 985 ; vote number 2007-153 on Mar 14, 2007

Voted NO on requiring photo ID for voting in federal elections.

Requires that to vote in federal elections, an individual present a government-issued, current, and valid photo identification. After 2010, that ID must require providing proof of US citizenship as a condition for issuance. An individual who does not present such an ID is permitted to cast a provisional ballot, and then present the required ID within 48 hours. Exempts from this requirement the absentee ballot of any eligible overseas military voter on active duty overseas.

Proponents support voting YES because:

The election system is the bedrock that our Republic is built on and its security and oversight is of paramount concern. Only US citizens have the right to vote in Federal elections, but our current system does not give State election officials the tools they need to ensure that this requirement is being met.

This bill is designed to increase participation by ensuring that each legitimate vote will be counted and not be diluted by fraud. There are many elections in this country every cycle that are decided by just a handful of votes. How can we be certain that these elections, without measures to certify the identity of voters, are not being decided by fraudulent votes?

Opponents support voting NO because:

There is something we can all agree on: only Americans get to vote, and they only get to vote once. But what we are talking about in this bill is disenfranchising many of those Americans. It is already a felony for a non-American to vote. We had hearings and what we found out was that the issue of illegal aliens voting basically does not occur.

The impact of this will disproportionately affect poor people and African Americans, because many are too poor to have a car and they do not have a license. We have no evidence there is a problem. We have ample evidence that this will disenfranchise many Americans. This is the measure to disenfranchise African Americans, Native Americans. It is wrong and we will not stand for it.

Reference: Federal Election Integrity Act; Bill H R 4844 ; vote number 2006-459 on Sep 20, 2006

Voted NO on restricting independent grassroots political committees.

A "527 organization" is a political committee which spends money raised independently of any candidate's campaign committee, in support or opposition of a candidate or in support or opposition of an issue. Well-known examples include MoveOn.org (anti-Bush) and Swift Boat Veterans for Truth (anti-Kerry). Voting YES would regulate 527s as normal political committees, which would greatly restrict their funding, and hence would shift power to candidate committees and party committees. The bill's opponents say:
  • This legislation singles out 527 organizations in an effort to undermine their fundraising and is a direct assault on free speech.
  • This bill would obstruct the efforts of grassroots organizations while doing nothing to address the culture of corruption in Congress.
  • H.R. 513 is an unbalanced measure that favors corporate trade associations over independent advocates. Corporate interests could continue spending unlimited and undisclosed dollars for political purposes while independent organizations would be subject to contribution limits and source restrictions.
  • H.R. 513 also removes all limits on national and state party spending for Congressional candidates in primary or general elections--an unmasked attack on the Bipartisan Campaign Reform Act and clear evidence that the true intention in advancing H.R. 513 is not reform, but partisan advantage in political fundraising.
    Reference: Federal Election Campaign Act amendment "527 Reform Act"; Bill H.R.513 ; vote number 2006-088 on Apr 5, 2006

    Voted NO on prohibiting lawsuits about obesity against food providers.

    The Personal Responsibility in Food Consumption Act ("The Cheesburger Bill") would prevent civil liability actions against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. A YES vote would:
    Reference: The Cheesburger Bill; Bill HR 554 ; vote number 2005-533 on Oct 19, 2005

    Voted NO on limiting attorney's fees in class action lawsuits.

    Class Action Fairness Act of 2005: Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Allows class members to refuse compliance with settlement agreements or consent decrees absent notice. Prohibits a Federal district court from approving:
    1. a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate;
    2. a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or
    3. a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
    Reference: Bill sponsored by Sen. Chuck Grassley [R, IA]; Bill S.5 ; vote number 2005-038 on Feb 17, 2005

    Voted NO on restricting frivolous lawsuits.

    Lawsuit Abuse Reduction Act of 2004: Amends the Federal Rules of Civil Procedure to:
    1. require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, sanctions are discretionary);
    2. disallow the withdrawal or correction of pleadings to avoid sanctions;
    3. require courts to award parties prevailing on motions reasonable expenses and attorney's fees, if warranted;
    4. authorize courts to impose sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and
    5. make the discovery phase of litigation subject to sanctions.
    Reference: Bill sponsored by Rep Lamar Smith [R, TX-21]; Bill H.R.4571 ; vote number 2004-450 on Sep 14, 2004

    Voted YES on campaign finance reform banning soft-money contributions.

    Shays-Meehan Campaign Finance Overhaul: Vote to pass a bill that would ban soft money contributions to national political parties but permit up to $10,000 in soft money contributions to state and local parties to help with voter registration and get-out-the-vote drives. The bill would stop issue ads from targeting specific candidates within 30 days of the primary or 60 days of the general election. Additionally, the bill would raise the individual contribution limit from $1,000 to $2,000 per election for House and Senate candidates, both of which would be indexed for inflation.
    Reference: Bill sponsored by Shays, R-CT, and Meehan D-MA; Bill HR 2356 ; vote number 2002-34 on Feb 14, 2002

    Voted NO on banning soft money donations to national political parties.

    Support a ban on soft money donations to national political parties but allow up to $10,000 in soft-money donations to state and local parties for voter registration and get-out-the vote activity.
    Bill HR 2356 ; vote number 2001-228 on Jul 12, 2001

    Voted YES on banning soft money and issue ads.

    Campaign Finance Reform Act to ban "soft money" and impose restrictions on issue advocacy campaigning.
    Reference: Bill sponsored by Shays, R-CT; Bill HR 417 ; vote number 1999-422 on Sep 14, 1999

    Voluntary public financing for all general elections.

    Udall adopted the manifesto, "A New Agenda for the New Decade":

    Return Politics to the People
    At a time when much of the world is emulating American values and institutions, too many Americans have lost confidence in their political system. They are turned off by a partisan debate that often seems to revolve not around opposing philosophies but around contending sets of interest groups. They believe that our current system for financing campaigns gives disproportionate power to wealthy individuals and groups and exerts too much influence over legislative and regulatory outcomes.

    The time for piecemeal reform is past. As campaign costs soar at every level, we need to move toward voluntary public financing of all general elections and press broadcasters to donate television time to candidates.

    The Internet holds tremendous potential for making campaigns less expensive and more edifying and for engaging Americans directly in electoral politics. We should promote the Internet as a new vehicle for political communication and champion online voting.

    Source: The Hyde Park Declaration 00-DLC9 on Aug 1, 2000

    Require full disclosure of independent campaign expenditures.

    Udall co-sponsored DISCLOSE Act

    Congressional Summary:

    Wikipedia & OnTheIssue Summary: