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PROPOSED AMENDMENTS TO THE FEDERAL CORRUPT

PRACTICES ACT

THURSDAY, SEPTEMBER 13, 1951

UNITED STATES SENATE,

SUBCOMMITTEE ON PRIVILEGES AND ELECTIONS OF THE
COMMITTEE ON RULES AND ADMINISTRATION,

Washington, D. C.

The subcommittee met, pursuant to call, at 10:15 a. m. in room 104-B, Senate Office Building, Senator Guy M. Gillette (chairman of the subcommittee) presiding.

Present: Senators Gillette, Monroney, Hennings, Hendrickson, and Smith (Maine).

Also present: Grace E. Johnson, chief clerk, and John P. Moore, chief counsel.

Senator GILLETTE. The subcommittee will come to order.

The subcommittee meets today on call of the chairman in its first meeting for the securing of information which the subcommittee is very desirous of obtaining relative to corrective legislation that may be enacted to make our elections more reflective of the will of the people; so there can be a free and unbiased expression of opinion and an honest count; and also for certain corrective legislative measures that might be suggested in particular reference to the field of expenditures for campaigns that, as everybody knows, have been greatly expanded in amount; and certain campaign practices that seem to the committee to be reprehensible.

Because our own investigations as well as those of previous committees of this type have shown this great need in this field, this committee is very anxious to do something concrete, to do something more than to just simply suggest in their report that some corrective measures ought to be enacted. Perhaps we might be able to formulate or to have formulated for us certain corrective legislation.

The subcommittee determined after discussing this problem and this responsibility that to do this and do it effectively and constructively we ought to have and should have the assistance by way of suggestion and comment of the various elements who from experience or study or their own investigations are in position to help us. It is our expectation to call those with political experience, those economists, specialists, or other experts of various kinds who are in position to give us this help we need so badly.

For today's meeting I, at the request of the committee, have called Mr. William Boyle, the chairman of the Democratic National Committee, together with his treasurer or fiscal agent. Also I have called Mr. Gabrielson, the chairman of the Republican National Committee,

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and his staff members. Mr. Gabrielson has requested that he be permitted to appear at a later date because of the fact he had a speaking engagement and it would greatly inconvenience him to come here. today, and of course we are glad to grant his request. But we have with us today Mr. Boyle.

STATEMENT OF WILLIAM M. BOYLE, JR., CHAIRMAN, DEMOCRATIC NATIONAL COMMITTEE (ACCOMPANIED BY MARY C. ZIRKLE, COMPTROLLER, AND CHARLES VAN DEVANDER, DIRECTOR OF PUBLICITY)

Senator GILLETTE. You are William Boyle?

Mr. BOYLE. That is right, Senator.

Senator GILLETTE. You are chairman of the Democratic National Committee?

Mr. BOYLE. That is right.

Senator GILLETTE. And you of course were informed as to our purpose in calling you, and our objective here.

Mr. BOYLE. Yes, Senator.

Senator GILLETTE. Do you have a formal statement that you desire to present?

Mr. BOYLE. I do have a formal statement that I would like to read, and then I would like to ask the privilege of participating in any discussion with the committee on any particular points that might be of interest to the committee, and to answer the members' questions.

Senator GILLETTE. I think that is perfectly acceptable to the committee. I want to emphasize that this is not an inquisitorial proceeding. We need help and we need it badly and we sincerely want it, and I am sure that you, Mr. Boyle, and the others can give us suggestions that will be helpful. Will you proceed?

Mr. BOYLE. Thank you, Senator. I might say that with me is Mrs. Zirkle, the comptroller of the Democratic National Committee. She has been with the committee for many years and on some points I am sure she would be able to answer with more expertness than myself; so I wanted you to know her.

Senator GILLETTE. All right, you may proceed with your statement, Mr. Boyle, and then the memers of the committee may want to ask you questions, or the committee counsel may have some.

Mr. BOYLE. Thank you, sir. I want to thank this committee for giving me the opportunity to discuss the steps which can be taken to strengthen our Federal election laws and to prevent the type of corruption of the elective process which members of both parties agree has occurred in recent elections.

The Democratic National Committee offers you full cooperation. We will be glad to assist in any specific studies which you may decide to undertake.

The Democratic National Committee is opposed to the back-street type of campaign recently exposed and properly condemned by this committee. We have repeatedly urged all of our candidates to wage clean, constructive campaigns, to hit hard, but to keep to the issues.

We shall comply fully with the law in making our public financial reports complete and clear, and we will be glad to meet even stricter requirements in this field.

Before I enter into specific matters, I would like to say that I have given careful study to the report of this committee on the Maryland election and to the 1950 report of the House Committee on Campaign Expenditures. I congratulate both of those groups on the statesmanlike approach they have made to the problems of improving our election laws. I hope that valuable reforms may come from the interest which the Congress has shown in the problem.

I would like to suggest to this committee that its ultimate purpose of insuring fair, honest, and truly representative elections will never be achieved, in my opinion, until all of the eligible voters go to the polls and vote.

I therefore believe that this committee should broaden the scope of its inquiry to consider methods of encouraging a greater vote in national elections.

It is my belief that widespread interest in campaigns and a much higher percentage of voting would be a strong bulwark against any form of corruption of the elective process. Chicanery and trickery and excessive expenditures are most effective when voters are apathetic. I would like to see the Congress study and consider ways to make registration and voting easier and simpler, and I believe this study should include the various proposals to provide inducements to vote or penalties for not voting. I also believe that every general election day should be made a national holiday. I believe that the failure of a large part of the eligible voters to go to the polls is a serious problem and is definitely connected with the temporary success of the type of political campaign which this committee has condemned, and which all of us know weakens our Government and our way of life.

Two tendencies which have become increasingly evident in recent campaigns seem to me to raise a serious threat to our basic American principles unless strong, positive counteraction is taken.

One is the increasingly heavy expenditure of funds in outright violation of ceilings set by law. Incidentally, I believe every one agrees that the present law is unrealistic on this point and that the spending limits should be revised to conform to the present costs of conducting campaigns.

Opposing factions in a single party in one State last year spent more than $800,000 each in the primary-a total of nearly $2 million for the primary campaign in one State. Compare this with the $3 million which is the legal limit that a national political committee can spend in the entire country in a Presidential campaign. Public figures indicate that nearly $2 million was spent in another State by one party in the general election there in 1950, and it has been estimated that complete figures would reveal that as much as $4 million actually was spent by that party. Your committee is now investigating the circumstances of that election.

Such expenditures indicate to me that we must have a realistic ceiling on expenditures, but certainly a ceiling. We cannot take the risk that our elections will go to the man who has the greatest appeal to the wealthiest contributors. We must outlaw that sort of spending which sees as much or more spent in one State by one party as is spent by a national committee in an entire Presidential campaign.

I am also deeply concerned over the increased use of techniques of defamation and character assassination, some of it anonymous or conducted by false fronts, all of it based on half-truths or untruths, such

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