Stokes: Hatch Act
By Thomas L. Stokes
Washington –
New reform bills to amend the Hatch Act are cropping up in Congress to make politics more pure, both as to expenditure of money and expenditure of venom, vitriol and plain dirt.
They presage an expected hard-fought campaign, with purse strings likely to be relaxed and pen and ink and oratory flowing freely, perhaps bitterly, from an excess of zeal.
Senate Gillette (D-IA) went today before the Privileges and Elections Committee to discuss three proposed amendments to the Hatch and Corrupt Practices Acts, relating both to a tighter curb on expenditures and possible prevention of scurrilous campaign documents, especially of the anonymous, poison-pen variety.
He speaks with authority. He learned a lot about campaign tricks as chairman of the Senate Campaign Investigating Committee which operated in the 1940 presidential election. His main objective is to limit contributions and expenditures, from all sources, to $2 million for a presidential candidate, and $1 million for a vice-presidential candidate, with a limit of $10,000 on individual contributions.
Would plug loopholes
He would plug loopholes in the Hatch Act. That act, sponsored by Senator Hatch (D-NM), forbids contributions to, and expenditures by, a political committee of more than $3 million and limits individual contributions to $5,000.
Senator Hatch’s aim was to limit total expenditures by a political party altogether to $3 million for the presidential campaign. As for individual contributions, he specified that the $5,000 limit did not include contributions made to a state or local committee.
The loophole there was as big as the entrance to Mammoth Cave. Henry P. Fletcher, counsel of the Republican National Committee, bounced gaily through it. He drafted an opinion in 1940 which he took to Wendell Willkie.
He held that the National Committee could spend $3 million and other national groups could spend as much. He also held that individuals could give $5,000 to the national campaign ands as much more to state and local committees. There was practically no limit under his interpretation.
Mr. Willkie blew up over this proposed evasion. He announced that he expected all expenditures to be held within $3 million. They weren’t. It was estimated that total expenditures of both parties closely approached $20 million.
Mr. Fletcher apparently was sound legally.
Raises individual ante
In his proposed amendment, Senator Gillette would limit contributions and expenditures to an overall $2 million for President and $1 million for Vice President. He raised the ante on individual contributions to $10,000, but with a limit of $5,000 to any one committee.
The Senate acknowledged that his attempt to squelch scurrilous campaign material might infringe upon free speech and free press, and said he is offering two bills merely to raise the question for discussion.
They would forbid publication or distribution of matter about candidates for President, Vice President or Congress “tending to incite arson, murder, assassination or riot” or “of a fraudulent or scurrilous character tending to incite hatred against any religious sect or creed or against any race.”
They would also require that any printed matter circulated about candidates must carry the name of the writer and by whom published.
An office of minority relations would be created in the Interior Department to police scurrilous campaign literature affecting minorities.