CLC's Trevor Potter Urges Congress to Reject Problematic Provisions in Budget Reconciliation

This week, the U.S. House of Representatives plans to vote on a budget reconciliation package containing provisions that could seriously undermine our democracy. Trevor Potter, president of Campaign Legal Center (CLC) and former Republican chairman of the Federal Election Commission, released the following statement: 

“The House is trying to use budget reconciliation as a Trojan horse to enact President Trump’s agenda across our government while avoiding the Senate filibuster rules — in doing so, they are poised to severely undermine our democracy. 

“In one provision, Congress aims to ban the enforcement of state or local laws regulating artificial intelligence (AI) — even those designed to stop election manipulation. More than 20 states have already created such laws after seeing that bad actors can use AI to create fake content that could mislead voters or discourage electoral participation. Congress should be following the example set by these states. We need federal laws that address the challenges AI can create for our democracy, rather than setting voters up to face a deluge of false information and denying their right to make informed decisions at the ballot box. 

“In another provision, Congress aims to shield the Trump administration, and any government actor, from accountability when they break the law. This outrageous change would undermine the rule of law and allow government officials, including the president, to escape the possibility of being held in contempt of court if they violate court orders. The provision would even apply to court orders and injunctions issued before this law takes effect. In essence, the provision could in a single stroke render thousands of prior orders across the country unenforceable via contempt proceedings. The rule of law in our country would be dangerously undermined if this provision becomes law. 

“CLC urges the House to remove these harmful provisions from its legislation. If they remain in place, we urge every lawmaker to vote NO and defeat this budget reconciliation package to protect our democracy.”

CLC, a nonpartisan nonprofit focused on advancing democracy through law, has identified two provisions that would harm voters and threaten the rule of law. 

The first — SEC. 43201(c) — is a 10-year ban on the enforcement of all state and local laws that regulate artificial intelligence (AI), which would include rules for AI’s use in political campaigns and elections. The second — SEC. 70302 — would severely restrict federal courts’ authority to hold government officials in contempt if they violate judicial orders. The bill would require those suing the government to pay a bond before the court can use its contempt power to enforce injunctions or restraining orders against illegal actions.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

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