Bill On A Long Track
Electioneering measure extends special sessionBy JOSELYN KING
Article Photos
CHARLESTON - State Sen. Jeff Kessler said a bill requiring full disclosure of who pays for political advertising has become "partisan legislation" in this election year.
As the West Virginia Legislature on Friday began a two-day extension of its special session, Democrats and Republicans traded jabs over who should take the blame for costing taxpayers an extra $70,000 by keeping legislators in Charleston to decide the bill's fate.
At issue is legislation championed by Kessler, D-Marshall, chairman of the Senate Judiciary Committee, that restores campaign financial disclosure requirements for non-broadcast election-time advertisements.
House Bill 219 is scheduled to have its third required reading before the full House today. Legislators have been in special session all week considering 19 bills placed on the call by Gov. Joe Manchin.
"We're here 'til Saturday," Kessler said after Republicans this week declined to waive the rule requiring three separate readings of the legislation. "All the bill does is require the advertising to say who is paying for it. It doesn't prohibit discourse or advertising. It merely requires disclosure. I look at it as a public information bill."
Kessler passed similar legislation in 2005 that recently was stricken down as unconstitutional in federal court. Kessler said U.S. District Judge David Faber ruled against it because the legislation didn't contain findings explaining why disclosure requirements were needed in non-broadcast advertising.
He said three pages of legislative findings as to why non-broadcast media should be subject to disclosure requirements have been added to the legislation. If passed, the new rules would go into effect in September - just prior to the general election.
"But now it has turned into a partisan bill," Kessler said. "There were some who supported it who now oppose it.
"I'm afraid it is because there are flood gates of money waiting to influence the outcome of races - the Supreme Court race in particular. As to who is wanting to influence our races, we don't know who they are because they don't identify themselves. They could be al-Qaida and Osama Bin Laden for all we know."
Republicans, who overwhelmingly supported a similar measure in 2005, contend the current bill could violate free speech principles and will face legal challenges. Democrats counter that the public has a clear interest in knowing who's paying for election ads.
"Why are Republicans wasting time and money dragging out a special session to debate a clean elections bill that almost all of them supported in the past?" state Democratic Party Chairman Nick Casey asked in a statement.
Each party is blaming the other for prolonging the costly session.
Democrats say it's costing $40,000 to $50,000 a day, although the actual daily cost will probably be closer to $37,000. Each lawmaker receives a $150 daily payment, and most also get $131 a day for travel-related expenses. Multiplied by 134 lawmakers, that's more than $37,600. But not every lawmaker will be present for the additional days, and some lawmakers - like those who live in Kanawha County - don't get the travel expenses.
Senate Minority Leader Don Caruth, R-Mercer, said he would normally worry about public disapproval for extending the session, but he believes people understand the importance of the legislation.
"I'm not worried about that this time, because I think this issue is so vital," he said.
The election bill is aimed at fixing a 2005 law that requires public disclosure of spending for ads that run within 30 days of a primary and 60 days of a general election, and refer to "a clearly identified candidate." The fix is needed because U.S. District Judge David Faber ruled in April that non-broadcast ads are exempt from the 2005 law. The judge ruled the law's language is vague concerning media like mailings, phone calls, leaflets and e-mails.
The Virginia-based Center for Individual Freedom, which was behind that initial legal challenge, has vowed to sue again if the current bill passes.
Although Republicans largely supported the bill three years ago, lawmakers from that party have changed their minds. Some now allege the measure would serve as protection for Democratic officeholders.
Sen. Vic Sprouse, R-Kanawha, is serving as a political consultant for the campaign of GOP attorney general candidate Dan Greear. He told the Senate on Thursday the bill is meant to aid Greear's Democratic opponent, Attorney General Darrell McGraw.
McGraw has been targeted for defeat by the U.S. Chamber of Commerce - which would not be covered by the bill's provisions because it is already covered by other disclosure rules - and allied groups. Sprouse and other Republicans contend groups not currently covered by disclosure requirements would be dissuaded from criticizing McGraw by the election law.
House Judiciary Chairwoman Carrie Webster, D-Kanawha, a key contributor to the bill, dismissed the charge as a "smoke screen."
It's almost certain that the bill will pass. Republicans can delay the vote by blocking a suspension of a constitutional rule requiring the bill be read on three separate days. That's what's causing the extension to Saturday. But the minority party does not have the votes to defeat the bill, and Democrats say they're determined to pass it.
|
atoddh
|
|
|---|---|
|
06-29-08 11:03 PM
|
WV4: There is no doubt the hospitals are a big campaign influences.Imaging could be done for much less in private outpatient clinics for example but is being blocked by the hospitals. The bill Kessler did for me was not specific to hospitals.It covered all operators of elder establishments in WV.There was an objection to it by the Diocese of WV as well I was told by a member of the House Committee.She was an advocate for the bill. It is very wrong in my view and that of Senator Kessler - at that time - for elder care operators to financially exploit their patrons. The hospitals and church did not agree.
|
|
atoddh
|
|
|
06-29-08 9:47 PM
|
WV4: I had asked the Senator to do this to protect my mother and others from being exploited in a very upscale WV retirement village - and he did.(The operator was having their attorneys modify the wills of elderly residents - some cognitively impaired - to their benefit.) So I have personal experience with him. The hospital/operator lobby got rid of the bill in the House Judiciary where it disappeared for "study"; Kessler could do nothing to save it. I think Kessler is honest,sincere and tries to do what is best for WV. He is very fair minded. The hospitals are way too powerful politically in WV. It is costing a bundle.
|
|
brookie
|
|
|
06-29-08 9:11 AM
|
The election disclosure law passed the WV legislature yesterday and is heading for Governor Manchin's desk to be signed. If you would like to read about this go to *******wvgazette****/latest/200806280188 God bless the courageous politicians who fight out-of-state special interests and believe in the right of the citizens of WV to have transparency in elections.
|
|
atoddh
|
|
|
06-29-08 12:48 AM
|
WV4sale: Mr. Kessler introduced excellent & much needed legislation to protect patrons of elder care establishments from financial exploitation by the operators(both profit and non profit.)The legislation passed the Senate but was later blocked in the House by parties operating elder care facilities; specifically hospitals and churches who stand to gain from the exploitation. The Senator made a sincere effort ,with this legislation, to protect the vulnerable elderly of West Virginia. In addition,the Senator was extremely fair- minded and creative in composing the recent table game legislation.Every community state- wide benefits from the proceeds. Senator Kessler is an asset to our WV Legislature: a most distinguished and well spoken statesman.
|
|
PCGS70
|
|
|
06-28-08 7:47 PM
|
The state of WV STINKS. It has stunk for decades. In last place or next to last in most every catagory and poll. WV STINKS! PU! Isn't it a bit unnerving that doctors call what they do "practice"? If the police arrest a mime, do they tell him he has the right to remain silent? The main reason Santa is so jolly is because he knows where all the bad girls live. Why is it called tourist season if we can't shoot at them? Democrooks suck. PERIOD!
|
|
bekbekket
|
|
|
06-28-08 4:48 PM
|
Or, just keep your head in the sand.
|
|
brookie
|
|
|
06-28-08 2:52 PM
|
The people of WV have a right to know who is funding political ads and 527s. This is a total no-brainer. The people who oppose full disclosure are the pawns of special interests. What a bunch of hypocrites.
|
|
bekbekket
|
|
|
06-28-08 1:54 PM
|
What a joke. How can any honorable person say this man deserves "great praise?" This is UNCONSTITUTIONAL... doesn't that matter to you?
|
|
UNCOMMONSENSE
|
|
|
06-28-08 10:21 AM
|
"Each lawmaker receives $281 dollars a day"!! OUTRAGEOUS!!!!!!!! A 50% cut is WAY overdue!!
|
|
TruthSeeker
|
|
|
06-28-08 8:32 AM
|
I see nothing wrong with passing this bill. If those that want to influence campaigns by way of advertising have nothing to hide, then there shouldn't be any reason to oppose this bill. The public SHOULD know who is paying for whatever election propoganda is being distributed or aired.
|
|
NancySI
|
|
|
06-28-08 8:32 AM
|
Center for Individual Freedom advertises itself as "non-partisan", yea right. On its home page is a nice little conversation with the former Republican leader and sleazebag Tom Delay and critical articles of Obama, Clinton and Pelosi. No wonder they are wanting to challenge a law that provides transparency for political advertising.
|
|
WVConservative
|
|
|
06-28-08 8:26 AM
|
Jeff Kessler and his other Democrat friends from this area, including Scott Varner, are doing the bidding of the Attorney General by passing this unconsitutional legislation. The Democrats do not want voters knowing what they are actually doing in Charleston. They vote themselves pay raises, won't vote to end taxpayer funded abortions, and will do nothing to fix our broken court system.
|





