As the 2024 election cycle looms, national advocates for tighter campaign finance laws are cautiously optimistic that Vice President Kamala Harris, if elected, will make the issue a top priority. However, the road to meaningful reform is fraught with challenges, as "dark money" groups continue to pour millions into boosting her campaign. The path forward requires not only a Democratic victory in the White House but also a sweep of both chambers of Congress, a feat that may prove elusive in the current political landscape.

Uncovering the Complexities of Campaign Finance Reform

The Uphill Battle for Campaign Finance Reform

Without control of the White House and majorities in both chambers of Congress, many congressional Democrats view campaign finance reform as a daunting challenge. The influence of money in politics has long been a contentious issue, with both parties relying heavily on the use of "dark money" – contributions from nonprofit organizations that are not required to disclose their donors. This reality poses a significant obstacle for reform-minded politicians like Harris, who have publicly decried the corrupting influence of money in the political process.

The Promise of the Freedom to Vote Act

Leaders at government watchdog groups are cautiously optimistic about the potential for the "Freedom to Vote Act" to mark a significant step forward in campaign finance law. The bill, which includes a broad range of election administration and voter registration provisions, would establish new rules to limit coordination between political action committees, outside groups, and candidates' campaigns. It would also strengthen the Federal Election Commission's enforcement procedures and create a voluntary, small-donor matching program for House elections.

The Uphill Battle for the DISCLOSE Act

The DISCLOSE Act, a key component of the Democrats' campaign finance reform agenda, has faced significant roadblocks in Congress. The bill, which would require organizations that spend money in federal elections to promptly disclose their donors who have given $10,000 or more, has been repeatedly blocked by Republican filibusters. The GOP has argued that the bill's disclosure requirements would violate the privacy of private citizens and could lead to voter and donor harassment and intimidation.

The Challenges of Overcoming the Filibuster

The fate of campaign finance reform legislation often hinges on the ability to overcome the Senate filibuster, which requires 60 votes to advance most bills. With the recent retirements of Senators Joe Manchin and Kyrsten Sinema, who had previously opposed changes to the filibuster, Senate Democrats are hopeful that they can find a way around the Republican efforts to block their reform efforts. However, the path forward remains uncertain, and the party will need to do a better job of messaging on the issue to hold the GOP accountable for its opposition.

The Influence of Dark Money and Wealthy Donors

The rise of "dark money" groups and the increasing influence of wealthy donors have further complicated the campaign finance landscape. These groups, which are not required to disclose their donors, have become a preferred vehicle for high-profile billionaires to support candidates like Harris while avoiding public scrutiny. This dynamic has led to accusations of hypocrisy, as politicians who decry the influence of money in politics continue to benefit from these opaque funding sources.

The Conundrum of Playing by the Current Rules

Election reformers acknowledge the hypocrisy of Democrats who criticize the influence of money in politics while simultaneously benefiting from dark money contributions. However, they argue that as long as such contributions are legal, it's unrealistic to expect one party to "unilaterally disarm" by forgoing a potential source of campaign cash if the opposing party won't do the same. The focus, they say, should be on pushing for stronger disclosure and transparency, even while playing by the current rules.

The Importance of Messaging and Accountability

Senator Sheldon Whitehouse has argued that Democrats need to do a better job of messaging on the issue of campaign finance reform, pointing to public surveys that show a majority of the electorate supports tighter limits and increased transparency on election spending. He believes that the party has failed to hold Republicans accountable for their opposition to these measures, which he sees as a political liability for the GOP.

The Potential for Executive Action

In the event that Harris wins the presidency but does not have Democratic majorities in Congress, activists plan to put pressure on her administration to consider executive actions to curb money in politics. One such action, known as the "dark money order," would mandate companies that hold federal government contracts to disclose their political contributions, including money they give to trade organizations. Watchdog groups believe this could be a powerful tool in the fight against the influence of undisclosed money in the political process.