H.R.1 — the “For the People” Act
H.R.1, the For the People Act, is a democracy reform bill that was introduced and passed in the House of Representatives in 2019. It passed 234-193, with one Republican representative voting for it. The bill was never brought to debate nor vote by the Senate majority leader, causing it to fail by default in the Senate.
On January 4, 2021, the bill was reintroduced to the House. Even though many of these reforms are bipartisan by nature and have significant public support, current political polarization will make it challenging to garner widespread bipartisan support in Congress.
H.R.1 is an expansive bill that champions improved access to voting for all citizens, decreases the harmful impact of big money in our democracy, and reinforces ethics guidelines and norms through codification. It sets the standard and codifies the norms that support accessible and ethical government. This legislation aligns with many of MWEG’s Principles of Ethical Government and provides meaningful democracy reform.
Voting
Each eligible citizen has the right and responsibility to participate in free and fair elections. The first division of H.R.1 seeks to guarantee that right by improving access and maximizing participation in electoral systems. It seeks to modernize voter registration, making it more accessible for individuals by providing online registration options, implementing an automatic voter registration system, and offering same-day registration.
Many states with both Democratic and Republican leadership already have some of these measures in place, illustrating the nonpartisan nature of these reforms. However, this bill takes an important step toward standardizing access to voting across the nation with a minimum level of requirements, ensuring citizens’ access to voting does not vary significantly based on where they live.
This includes establishing a 15-day early voting period as well as increasing access to voting by mail by prohibiting the requirement of valid excuses to request an absentee ballot. It also eliminates the need in some states for notarized witnesses to return a ballot. It requires pre-paid postage stamps for mail-in ballots, the availability of ballot drop boxes, and standardized acceptance dates of mail-in ballots postmarked on or before election day. H.R.1 also holds states responsible to inform voters of a signature-discrepancy-caused rejection of their absentee ballot and provide an opportunity to resolve the discrepancy.
In an effort to protect minority voters from infringement by bad actors, H.R.1 enhances protections of voting rights in order to help prevent discrimination and promote racial justice in our democracy. The bill recognizes challenges unique to Native American voters and provides solutions to improve and protect their voting access by ensuring mail-in ballots to voters on Indian lands without requiring a residential address. In addition, the bill stipulates that designated ballot drop-off locations are provided where there is limited access to mail, and ballots are available in both English and the minority language.
Since Shelby County v. Holder, voter suppression laws have been used to further disenfranchise communities of color. As a solution, H.R.1 prohibits voter intimidation, suppression through practices such as voter caging, and discriminatory voter purges. Additionally, significant racial disparities in felony disenfranchisement are related to systemic racism in the criminal justice system and a history of voter suppression. H.R.1 restores the right to vote for previously incarcerated individuals who have served their sentences, and it requires states to inform individuals when their voting rights have been restored.
Furthermore, H.R.1 recognizes the unique needs of all citizens by including measures to improve voting accessibility for individuals with disabilities, citizens and military living overseas, and students attending colleges and universities. It also acknowledges the lack of local self-government and congressional representation for voters residing in our nation’s capital and establishes a task force to investigate solutions to impediments to equal voting rights for citizen residents of U.S. territories.
Voting access and democracy reform are also improved by ending the harmful practice of gerrymandering through the establishment of independent redistricting commissions in every state. Gerrymandering has contributed to the pervasive and self-serving practice of elected officials choosing their voters rather than voters choosing their elected officials. H.R.1 promotes a method of redistricting that eliminates partisan advantage that disenfranchises citizens and communities, providing guidelines for the formation and administration of 15-member independent multi-partisan commissions.
In light of evidence that Russia interfered in the 2016 U.S. election, H.R.1 introduces significant legislative changes to protect election integrity and enhance security against both foreign and domestic actors. The bill prohibits disinformation campaigns, improves communication between federal and state levels regarding election threats, and seeks to improve cybersecurity. It requires the use of durable, voter-verified, paper ballots that are secure and easy to audit. It also implements standards for election infrastructure vendors and requires testing of voting systems nine months prior to a general election to ensure compliance with cybersecurity guidelines.
In addition, H.R.1 requires states to have emergency plans in place in cases of natural disasters or public health crises.
Campaign finance
The second division of H.R.1 outlines changes to reduce the influence of dark money in our elections, end corruption, and promote campaign finance transparency, as well as empowering citizens through reforms that champion the small donor. The bill also seeks to prevent foreign money from influencing our elections, recognizing that shell companies enable illicit funds from other countries to be funneled into U.S. political campaigns with no accountability.
H.R.1 campaign finance reforms are specifically designed to shed light on political spending in our elections. This bill will close existing loopholes that allow foreign nationals to make and conceal election donations. It also reduces the influence of dark money groups by requiring corporations, nonprofits, and unions that spend more than $10,000 in an election cycle to disclose their campaign-related disbursements.
H.R.1 also requires more transparency in political ad funding. It recognizes that there have been few regulations of online advertising, which provided a ripe opportunity for the manipulation of public opinion by foreign actors. In response, this act strengthens “paid for” disclaimers on online ads and requires large online platforms to establish a public database of all requests to purchase political ads of more than $500.
Furthermore, existing disclosure requirements for political advertising are strengthened to ensure that ads include not only the name of the super PAC or organization that paid for it, but also the names of their top donors and highest ranking official. Campaign finance transparency measures will shed light on who is funding political advertising and what their interests are, exposing dubious sources of information and empowering individuals to make better informed decisions.
Other provisions that would protect our elections and promote transparency and accountability include: strengthening responses to disinformation campaigns, prohibiting the use of deepfakes in election campaigns, imposing disclosure requirements on presidential inaugural committees, and stopping coordination between super PACs and campaigns.
A small but noteworthy act in H.R.1 is designed to help average Americans run for office. The bill recognizes that Congress is not currently representative of the American people, acknowledging that the cost of campaigning is an almost insurmountable obstacle for everyday Americans, especially working mothers. In response, H.R.1 would allow candidates who are not incumbents to use campaign funds to cover child care, elder or dependent care, and health care premiums.
H.R.1 recognizes the damage caused to our democracy by the Citizens United decision that has allowed wealthy elites to fundamentally overpower the influence of small grassroots donors. To shift the balance of power back to small-dollar campaign fundraising, H.R.1 implements new public financing programs.
First, it establishes a voucher pilot program in three states to provide qualified individuals with a “My Voice Voucher” worth $25 to give to the candidate(s) of their choice during a congressional election cycle. The voucher is divisible by increments of $5. This would allow low-income individuals who could not otherwise afford to make political donations to have their voice heard through a small donation.
Second, H.R.1 establishes a voluntary program with a 6-1 publicly funded match for small-dollar donations of $200 or less to congressional candidates who meet certain eligibility and disclosure requirements. A similar 6-1 matching program would apply to presidential campaigns. While a public matching system has existed for presidential campaigns since the 1971 Federal Election Campaign Act, H.R.1 would update it to increase its effectiveness. These programs would not be funded through tax dollars but exclusively through the “Freedom from Influence Fund,” which H.R.1 creates and funds through a surcharge on corporate lawbreakers.
Finally, H.R.1 seeks to empower small-dollar donations in other ways by incentivizing political party committees to use them more readily.
The Federal Election Commission (FEC) is responsible for enforcing federal campaign finance laws. It is designed to be filled with a six-member committee of three Democrats and three Republicans. However, in recent years the commission has been hobbled due to an insufficient number of members. Additionally, the politically even-split commission has led to gridlocks, and vacancies have meant that without a quorum they could take no actions.
Not only does this inaction lead to campaign finance abuses, it also means the FEC cannot adequately respond to threats of foreign election interference. H.R.1 addresses these concerns by reducing the members of the Commission from six to five, with no more than two from the same political party in order to prevent gridlocks and restoring integrity to our elections. Other reforms for the FEC require bipartisan vetting of nominees, prohibiting the practice of allowing a member to serve indefinitely past the expiration of their term, and strengthening its investigation and enforcement abilities.
Ethics
The third and final division of H.R.1 seeks to shore up ethical practices, guidelines, and norms in our democracy. The success of American democracy depends on public trust and on individuals at all levels of government whose loyalty to the Constitution outweighs their self-interest or partisan priorities. Current laws are insufficient to hold elected officials to high ethical standards, and abuses of power and conflicts of interest have been widespread. To improve public trust and strengthen our democracy, H.R.1 provides ethics reforms that would help end corruption, increase transparency, and hold elected officials accountable.
H.R.1 would raise ethical standards by requiring a code of ethical conduct to be developed for all Supreme Court justices. Currently, the Supreme Court justices are the only federal or state judges who are not subject to a written code of ethics. H.R.1 would end this discrepancy.
H.R.1 also amends existing legislation to strengthen ethical standards. In light of evidence that the Foreign Agent Registration Act (FARA) of 1938 is significantly underenforced, H.R.1 establishes a FARA investigation and enforcement unit within the Department of Justice and authorizes civil penalties for violations of FARA. It also requires agents of foreign principals registered under FARA to disclose transactions of anything of financial value given to officeholders.
H.R.1 also reforms the Lobbying Disclosure Act (LDA) of 1995 to address existing discrepancies and promote accountability with a number of changes. First, it includes in the definition of lobbying any counseling services or strategic advice provided in support of lobbying efforts, even if the counselor does not have direct contact with the official. It also reduces the threshold of time spent on lobbying at which individuals must register as lobbyists, and it requires lobbyists to disclose their status as lobbyists when they have any contact with public officials. Furthermore, it prohibits receiving any compensation for lobbying done on behalf of countries with government-led human rights violations. Finally, H.R.1 promotes transparency by creating an online database of registration statements from both FARA and the LDA to which the public has access.
H.R.1 seeks to limit the “revolving door” between government and industry by prohibiting federal officials from granting government contracts to former employers for two years after leaving the company and prohibiting individuals from working for a company to which they previously awarded a government contract for two years after leaving government service. This is an increase from the previous requirement of a one-year ban. Additionally, H.R.1 prohibits private corporations from giving incentive bonuses to any individual entering or leaving government service. It also limits the award of federal contracts to any business controlled by the president, vice president, or any cabinet-level positions and their spouses.
H.R.1 seeks to prevent presidential conflicts of interest by requiring the president and vice president to either meet new disclosure requirements or divest personal financial interests that pose a conflict of interest within 30 days of taking office. It also requires new financial disclosure reports to be filed by the president and vice president, and it requires candidates for those offices to disclose their individual tax return and certain business tax returns, which would then be made publicly available. The bill would also protect against the inappropriate influence of a president by requiring all presidential appointees to recuse themselves from matters in which the president or the president’s spouse have substantial interests. While the disclosure of presidential tax returns was a long-standing political norm, H.R.1 would codify that norm, assuring the American people’s right to transparency in this regard.
To improve enforcement of executive branch ethics rules, H.R.1 provides reforms to the administration and authority of the Office of Government Ethics (OGE). This bill would limit the president’s ability to remove the director of the OGE before their term ends without a valid reason, and it authorizes the OGE to conduct formal investigations of allegations of ethics violations. It also gives the OGE the ability to issue subpoenas and to review and approve recusals, exemptions, and waivers for conflict of interest laws. Furthermore, it clarifies that all federal employees, including White House staff, are subject to OGE ethics regulations.
The bill also includes a number of other miscellaneous ethics reforms that are significant. It requires a regular report of the direct and indirect costs of presidential travel (including travel by the president’s family) be submitted to the Department of Defense. It also seeks to prevent conflicts of interest by requiring cabinet members and senior government officials to disclose political contributions they made or solicited. Further, since there is no existing ethics code that applies to presidential transition teams, H.R.1 would require affirmations from transition team members that they have no financial conflicts of interest. It would also require all senior executive branch employees to sign an ethics pledge, which includes a lobbyist gift ban, a revolving door ban, an employment qualification commitment, and an agreement to enforcement.
Finally, H.R.1 provides congressional ethics reforms that prohibit members of the House of Representatives from serving on boards of for-profit entities, a ban that already applies to senators. It also prohibits any member of Congress from introducing or helping to pass any legislation in which they or their family have particular financial interests. Among other changes, H.R.1 would again promote transparency by making all reports required by Congress available to the public, online.
Conclusion
This is an expansive bill with a large number of components. The common thread uniting these measures is the need to strengthen and protect our democracy for the good of the American people. Voting improvements, campaign finance reorganization, and ethics reform are all crucial components of ensuring our democracy operates by principles of ethical government. While H.R.1 is by no means an end-all, and is of course subject to change, it represents a compelling starting point for meaningful democracy reforms.
H.R.1 aligns with several of the Principles of Ethical Government espoused by Mormon Women for Ethical Government. Those principles are reproduced below.
3(b) Citizens have a duty to participate in representative government by casting an informed vote and seeking to engage with elected officials. As circumstances permit, they should consider participating in electoral politics as volunteers, candidates, or elected officials (see D&C 58:27).
2(b) Special care should be taken to protect the rights of the minority from undue infringement by the majority (see Exodus 23:2 and Proverbs 31:8-9).
3(g) When laws are unjust—especially when they violate the human and civil rights of vulnerable or marginalized groups—all citizens have an obligation to work toward reformation of those laws, whether or not they are directly harmed by those unjust laws (see Alma 30:7).
1(b) Government officials and institutions should be honest and transparent, insofar as possible without harming national security and individual rights (see D&C 123:13; Alma 37:25).
1(c) Elected and appointed officials and government employees alike must eschew conflicts of interest and avoid the appearance of a conflict of interest in fidelity to the public trust. Appointees to specialized government roles should be well-qualified to serve in those roles (see Mosiah 29:35-36 and D&C 134:3).
1(e) Government institutions and political norms that promote deliberation, reduce polarization, and stimulate compromise among competing perspectives should be safeguarded and, where lacking, adopted (see 3 Nephi 7:1-6 and 4 Nephi 1:15-17).
2(a) Political structures and electoral systems should be designed to maximize participation of and provide equitable access to all citizens in a society (see Mosiah 29:32).
