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WYDEN, GRAHAM LEGISLATION
WOULD EXPAND McCAIN-FEINGOLD
ACCOUNTABILITY RULES FOR CAMPAIGN
ADVERTISEMENTS
"Stand by Your Ad II" extends
requirement for personal statement of candidate's
approval to
Internet, print and telephone ads
May 6, 2004
Washington,
DC – U.S. Senators Ron Wyden (D-Ore.) and Lindsey Graham
(R-S.C.) today unveiled their bipartisan legislation to make
candidates for federal office take more explicit personal responsibility
for ads on the Internet, in print or in prerecorded phone calls
referring directly to the candidate's opponent. The Political
Candidate Personal Responsibility Act of 2004 follows Wyden's
original "Stand by Your Ad" provision on which current
accountability rules for TV and radio ads are based. The new
Wyden-Graham bill would expressly apply to audio or video ads
that are the equivalent of radio or TV ads, but that are delivered
via the Internet – an increasingly common practice not
addressed in current law.
"When people get turned off by the electoral process, both
voting and public involvement decline, and the situation is going
to get worse before it gets better now that campaigns have finally
learned how to exploit the power of the Internet," said
Wyden. "Candidates distributing campaign materials via the
mail or the Internet should be just as accountable for those
ads as they are now for ads on the public airwaves."
"The 'Stand by Your Ad' provisions already being applied
to television and radio advertisements hold candidates accountable
for the content of their commercials," said Graham. "Our
legislation seeks to build upon the accountability provisions
already in effect. The effort to put some measure of accountability
into the system has and will continue to take some of the venom
out of politics."
In the 2004 election
cycle, for the first time campaign ads on television have begun
to include statements by candidates
taking personal responsibility for approving the message. This
is a result of two provisions in the McCain-Feingold campaign
finance law: Senator Wyden's original "Stand by Your Ad" provision,
enacted in 2002 as section 305 of the Bipartisan Campaign Reform
Act, requires a candidate for federal office, in order to get
the "lowest unit rate" for any broadcast ad that refers
directly to the candidate's opponent, to take express personal
responsibility for the content of the ad. A provision subsequently
added to the McCain-Feingold legislation, section 311, imposed
a virtually identical requirement on all radio and TV campaign
ads. As a result all radio and TV ads must include a statement,
delivered by the candidate, that identifies the candidate and
says that the candidate has approved the ad. TV ads must also
include a written version of the statement, displayed for at
least 4 seconds.
Analysts and political
watchers say these requirements have discouraged aggressively
negative, attack-type advertising from
candidates on TV and radio, likely because candidates are reluctant
to associate themselves in such a personal manner with highly
negative ads. Building on the successful model of the "Stand
by Your Ad" provision, the Wyden-Graham bill proposes to
amend the current disclaimer rules to include print, Internet
and pre-recorded telephone ads. Specifically, the bill would
require:
These requirements would apply only to ads that make direct
reference to the candidate's opponent. Current disclaimer rules
for other ads would not be changed.
"The practice of political candidates publicly supporting
the content of their ads needs to be expanded," said Graham. "I
don't believe there is a constitutional right for any group to
run a shadow campaign and not be held accountable. The more sunshine
we can put into the political process, the better."
"The meanest political messages are already migrating to
the Internet where Stand by Your Ad's accountability requirements
don't apply," said Wyden. "Stand by Your Ad is working
on television and radio, and Congress should extend this success
and keep the Internet, print and phone ads from becoming havens
for mudslinging without accountability."
The Wyden-Graham legislation is expected to be referred to the
Senate Committee on Rules and Administration.
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