CLC Endorses Bipartisan Legislation to Prevent Insider Trading

Date
Body

Today, U.S. Representatives Abigail Spanberger (D-VA-07) and Chip Roy (R-TX-21) introduced legislation to prevent insider trading by Members of Congress and increase government accountability and transparency.

The Transparent Representation Upholding Service and Trust (TRUST) in Congress Act would require Members of Congress — as well as their spouses and dependent children — to put certain investment assets into a qualified blind trust during their entire tenure in Congress. The TRUST in Congress Act would prevent Members of Congress from using their positions in the U.S. House or U.S. Senate to inform investment decisions or influence the value of their existing investments. 

According to Campaign Legal Center (CLC) General Counsel and Senior Director of Ethics Kedric Payne:

“This bi-partisan legislation is a crucial step in holding public servants accountable for conflicts of interest and restoring the public’s trust in Congress. A CLC study makes it clear that lawmakers should not trade individual stocks when they pick winners and losers in the market through massive stimulus packages: lawmakers from both parties made 1,585 transactions—totaling up to $158 million. Requiring members to place their stock holdings in a blind trust, where they don’t have decision-making power over their stock portfolio, is a common sense step to ensure our public servants are serving the public, not their own bottom line." 

Issues

Davis v. Benson

At a Glance

CLC filed an amicus brief on behalf of Voters Not Politicians (VNP) in support of Michigan Secretary of State Jocelyn Benson’s decision to mail all registered voters absentee ballot applications. Making the process of obtaining absentee ballots simple and straightforward will facilitate safe voting for Michiganders, particularly during the COVID-19 pandemic.

Status
Active
Updated
About This Case/Action

On May 19, 2020 Secretary Benson announced her decision to mail absentee ballot applications to all registered voters, increasing accessibility for people looking to vote by mail. Shortly thereafter, policy activist Robert Davis brought a state lawsuit seeking to challenge the authority of Secretary Benson to do so. If successful, the lawsuit would make absentee voting less accessible, less convenient, and may force voters into making a choice that would put themselves or family members at risk.

Since 2018, every eligible voter in Michigan has a constitutional right to vote absentee, following the passage of a popular ballot measure establishing no-reason absentee voting. There has been a surge of interest in doing as a result of the 2020 coronavirus pandemic.

Increasing access to absentee ballots by mailing applications directly to eligible voters would help ensure that more Michiganders have the opportunity to make their voices heard. Such a move will strengthen our democracy.

Because of the risk posed by the COVID-19 pandemic, voting by mail is an especially timely reform to protect public health. Health experts agree that social distancing is necessary, so many Michiganders and millions of Americans—especially those over 65 and those with underlying health conditions—are trying to minimize contact with people outside their households. Under these conditions, it is essential that Michiganders have the opportunity to vote safely by mail and from the safety of their own homes. Absentee voting is the safest option for many and in the public interest for all.

Vote by mail has been tried and tested in states across the country; several states vote entirely by mail – from deep red Utah to deep blue Hawaii. The evidence shows it not only provides a secure way of voting that can protect public health and the integrity of our elections, but also ensures the ability to vote so every eligible voter can participate and make their voices heard in a safe way.

Plaintiffs

Robert Davis

Defendant

Jocelyn Benson

Court Stops North Dakota From Rejecting Ballots Based on Error-Prone Signature Match System

Date
Body

Judge faults state for ‘outright disenfranchisement’ of qualified voters

BISMARCK, ND – Today, a federal court temporarily suspended North Dakota’s enforcement of a law that resulted in the rejection of mail-in ballots using an error-prone signature match process, in which election workers compare the signature on voters’ absentee ballot application to the one on their return envelope. The opinion called North Dakota’s system “outright disenfranchisement” of qualified voters, chiding the state for giving voters no notice or any opportunity to respond if election officials reject their ballots for a perceived signature discrepancy. Election officials receive no training in signature comparison. Due to the COVID-19 pandemic, North Dakota’s June 9 primary will be an exclusively vote by mail election.

Campaign Legal Center (CLC) is representing Self Advocacy Solutions, the League of Women Voters North Dakota, and Maria Fallon Romo, who has multiple sclerosis, which causes difficulties with her handwriting. Mrs. Romo had her ballot rejected due to a mismatched signature. The court ordered the parties to submit to the court proposed procedures to be implemented by county auditor no later than June 5.

“All eligible voters should be able to have confidence that when they participate in an election, their vote will be counted,” said Mark Gaber, director, trial litigation at Campaign Legal Center (CLC). “This is a win for voters who spoke out and said they should not be subjected to a handwriting test. Given the disproportionate impact of signature match policies on voters with disabilities, states must give everyone an opportunity to prove that they cast their ballot with proper notice so their votes count.”

"The state's signature match policy disproportionately impacted the disability community, which can struggle to produce consistent signatures," said AJ Marx, president of Self Advocacy Solutions, ND. "We are proud of this win for our community; we will now be able to advocate for ourselves in elections without fear of having our ballots rejected for no good reason."

“This was the common-sense decision to protect voters’ constitutional rights,” said Jan Lynch, president of the League of Women Voters of North Dakota. “Reliable mail voting is essential during the ongoing pandemic, especially for individuals at higher risk of severe illness. With the assurance of a notification and remedy method, North Dakota voters can now cast their ballots with confidence.” 

36 states have some form of signature match requirements on the books. They vary dramatically in the generosity of the scope of voters’ ability to fix the problem if they are flagged for a mismatch. Some states provide immediate notice to voters if their ballot is rejected and allow voters to fix it for up to 21 days after the election. Other states, like North Dakota, do not notify voters at all.