Chapter Seven
The Electoral Process
Section One
The Nominating Process
The Nominating Process
The nominating process is a critical part of our democracy
- The first step toward selecting a candidate
- Considered one of the primary functions of a political party
- Also considered the major difference between interest groups
and parties
The Nominating Process
Nominations can be more important than elections
- The right to vote for the candidate of your choice is
theoretically unlimited, but in reality the two major party
nominees are the only choices most people have
* The power to nominate is also the power to limit voters’
choices
* In areas where one party dominates, the nomination
practically guarantees the election
The Nominating Process
Nominations can be more important than elections
- Dictatorial or one-party systems control their people by
controlling the nominating process, since there is only
one candidate for each office in the general election
The Nominating Process
There are five nominating methods in the United States
- Self-announcement
* Anyone who wishes to hold public office, or someone close to that
person, announces the desire
* Used since colonial times, this is the oldest form of the
nominating process in the United States
* Not so commonly used method today
- Now used primarily at the smaller, local level
- Sometimes used by those who failed to win the party
nomination
- Sometimes used by those who oppose the party nominee
- Often requires a “write-in” campaign
The Nominating Process
There are five nominating methods in the United States
- Self-announcement
* Four prominent presidential candidates have used this method recently
- George Wallace
* Four-time Democratic governor of Alabama
* Ran for the American Independence Party
* Won 13% of the popular vote in 1968
- Eugene McCarthy
* Former Democratic senator from Minnesota
* Won 0.9% of the popular vote in 1976
- John Anderson
* Former Republican representative from Illinois
* Won 6.7% of the popular vote in 1980
- Ross Perot
* Billionaire businessman from Texas
* Won 19% of the popular vote in 1992
The Nominating Process
There are five nominating methods in the United States
- Caucus
* A group of like-minded people who meet to select a candidate
* The first nominating caucus occurred in the later colonial period
- Most likely in Boston in the 1720s
- The term “caucus” probably comes from the fact that the Boston Caucus met in
a room used by shipyard caulkers (people who used caulk to make the ships
water-tight)
* The caucus evolved from meetings of a few influential men to include all of the
local party members
* Nominations to the national level were usually made by the parties’ state
legislative caucuses
* Presidential nominations were soon made by the parties’ Congressional caucuses
The Nominating Process
There are five nominating methods in the United States
- Caucus
* Many began to criticize the caucuses for their closed, secretive process
- The presidential election of 1824 was the last for nominations by
Congressional caucus
- The leading contenders, Jackson, Adams, and Clay, all boycotted it, and
fewer than 1/3 of the Congressmen attended
- The caucus winner, William Crawford of Georgia, finished third in the
election
- The caucus slowly withered away at the state and local level as well
* Modern caucuses, where they endure, bear little resemblance to the original
caucus
The Nominating Process
There are five nominating methods in the United States
- Convention
* Local party members elect delegates to attend nominating meetings at
higher levels
* The first convention to nominate a presidential candidate was held in
1831
- The Anti-Masons, a third-party, held their convention in Baltimore
- The Whig Party (National-Republicans) held one later that year
- Democrats held their first convention in 1832
The Nominating Process
There are five nominating methods in the United States
- Convention
* By the 1840s, the convention was the principal means of making
nominations at every level
* Theoretically, the conventions enact the will of the party membership
that selected the delegates
* Party bosses soon found ways to dominate the process, essentially
controlling them by the late 1800s
* Despite criticism, conventions are still used in some states
(Connecticut, Michigan, South Dakota, Utah, and Virginia) and, at
least formally, at the national level
The Nominating Process
There are five nominating methods in the United States
- Direct Primary
* An intra-party election
* Wisconsin adopted the first State-wide direct primary law in
1803
* Every state now uses the direct primary to some extent
- In most states, political parties are required to use them to
select nominees for US House and Senate, state offices, and
even local offices
- Some states allow different combinations of direct primary
and convention
* The states set primary dates and run primary elections
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Closed Primary
- Only permits qualified voters who are registered party
members to participate
- Some states allow voters to change party registration on
primary election day, so that more people can participate
- The Supreme Court ruled in 1986, Tashjian v.
Republican Party of Connecticut, that a state cannot force a
party to run a closed primary if wishes to be open
- Closed primaries are used in 24 states, including
Pennsylvania
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Open Primary
- Allows any qualified voter to participate in any one party’s primary
election
- Some states require you to publicly declare the party in which you
intend to vote, but others allow you to make that choice in the
privacy of the voting booth
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Open Primary
- Washington, Alaska, and California tried using “blanket primaries,” in
which every candidate for every office, regardless of party, appears on
the same ballot
* This allowed you to help select one party’s nominees for some
offices, and the other party’s nominees for others
* The Supreme Court ruled in 2000, California Democratic Party v.
Jones, that a state cannot force a party to run an open primary if it
wished to be closed
- No state attempts to use the blanket primary any longer
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Open Primary
- Louisiana has an “open election”
* Combines the primary and general election into one vote
* Everyone desiring the office is listed on the same ballot
* If anyone wins more than 50% of the votes, that person
wins
* If no candidate wins the majority, the top two finishers,
regardless of party, hold a run-off election
- Open primaries are used in 26 states
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Evaluating the Options
- Arguments in favor of Closed Primaries
* Prevents other parties from “raiding” a primary and nominating
unsatisfactory candidates
* Helps to keep the candidates more loyal to party members and
platform
* Forces voters to make thoughtful choices over which party to
support
- Arguments in favor of Open Primaries
* Allows independent voters to participate in the process
* Allows voters to keep their party affiliation more private
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Evaluating the Options
- In most states, the candidate with the plurality of votes wins the
primary
* Ten states force the top finishers into a run-off primary, so that
the top-candidate must have a majority
* Iowa requires the party to hold a nominating convention if no
primary candidate wins more than 35% of the vote
* North Carolina sets the threshold for avoiding a run-off at 40%
* South Dakota requires candidates for governor, US Representative,
and US Senator to win at least 35% to avoid a run-off
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Evaluating the Options
- Non-Partisan Primaries, in which the candidates’ party affiliations are
not listed on the ballot, are used in most states to select judges, school
boards members, and municipal officers
- The Presidential Primary is unlike other primaries because it is not
technically for a nomination
* Voters select delegates to attend the national convention
* In most states, voters express a preference for the nomination, but that
preference could, theoretically, be ignored
The Nominating Process
There are five nominating methods in the United States
- There are two kinds of direct primaries
* Evaluating the Options
- Criticisms of the Primary
* Small turn-outs
- Typically, primary elections draw about half of the voters that
come for general elections
- Voters resent declaring a party affiliation
- Voters dislike long ballot forms
- Independents cannot vote
* Primary elections can be very expensive
* Primary election fights weaken a party’s general election campaign
The Nominating Process
There are five nominating methods in the United States
- Petition
* Candidates must circulate petitions and receive a certain number of
signatures from qualified voters for their name to be on the ballot
* The minimum number of signatures needed by third-party candidates
is usually much higher than for the major parties
Section Two
Elections
Elections
Administering Elections
- American elections are far more frequent than many realize
* There are more than 500,000 officeholders are in the United States
* There are more than 87,000 units of government at the state and local
levels
- The government tries to ensure that elections are free, honest, and
accurate
- The process by which an election is conducted can have an impact on the
outcome
Elections
Administering Elections
- State and Federal Election Laws
* Most election laws are state laws
* There are many federal election laws
- The Constitution gives Congress the power of setting the times,
places, and manner of holding elections for its members
- Congress determines the time for choosing presidential electors
- Congress regulates other aspects of the presidential election
process
Elections
Administering Elections
- Elections for federal offices are held on the first Tuesday following
the first Monday in November
* This avoids holding elections on November 1st, which is the
Christian Feast of All Saints
* Avoids holding an election on the Sabbath of religious voters
* The first of the month is often a day for paying bills and
collecting paychecks, which used to take much more time
* Alaska may, because of the possibility of severe weather, choose
to hold its elections in October, but has never done so
Elections
Administering Elections
- Secret ballots are required
- Voting machines may be used
- Campaign finances must be regulated
- The right of all people, regardless of minority status, has been
protected
Elections
Administering Elections
- Election Day
* Most states hold elections on the same day set for federal elections in
even-numbered years
* Some states hold major elections in odd-numbered years
* Some states hold elections in the spring
* Many argue that Election Day should be a holiday, or should span an
entire week, to improve voter participation
* Others argue that state and federal elections should occur on separate
days to help focus attention on the different offices
Elections
Administering Elections
- Early voting
* Millions of Americans cast ballots before Election Day
* Twenty million voters did so in 2004
* More than half the states allow voters to cast ballots at their polling
place over the course of several days before Election Day
* Absentee Voting even allows people to vote from outside the district
- Originally intended to help a small group of voters (infirm,
deployed military, etc.)
- Now broadly used as a matter of convenience
Elections
Administering Elections
- Coattail Effect
* Occurs when enthusiasm for a party’s major nominee (i.e. governor or
president) translates into support for the party’s other nominees
Ronald Reagan’s popularity in 1980 and 1984 helped many
Republican candidates
* A reverse coattail effect can also hurt a party
Elections
Precincts and Polling Places
- A precinct is a voting district, the smallest geographic unit for
conducting elections
- State laws usually restrict their size
* Size is usually determined by population, not by area
* Anything between 500 to 1000 voters is typical
- A precinct may allow voters to cast ballots at any number of locations
called polling places
Elections
Precincts and Polling Places
- Polling places are supervised by election boards
* Representatives of the parties often frequent polling places to
challenge suspicious voters
* Elections are ultimately conducted by the County Board of Elections
(or the County Commissioners)
- The hours of operations for polling places are set by state law
Elections
Casting the Ballot
- A ballot is the device by which a voter registers his choice in an election
* The term “ballot” comes from the Italian word ballota, referring to
small black or white balls that were dropped in a box to indicate a
choice
* The term “blackball,” meaning to ban someone from participating,
came from the same practice
Elections
Casting the Ballot
- Every state provides for a secret ballot (voters make their choices in
private)
* Through much of history, votes were declared publicly
- At times paper ballots were too expensive and literacy too low
- Voting was viva voce – by voice
- At other times, party ballots were easily discerned by color
* Private voting is preferred for being less susceptible to intimidation
and corruption
Elections
Casting the Ballot
- The Australian Ballot
* First used in Victoria, Australia in 1856
- Brought to the United States by an elitist group of Republicans known as
Mugwumps
- Mugwumps split from the Republicans in 1884 to protest the nomination
of James Blaine
- The term comes from the Algonquin word for “chief or person of honor”
* Adopted by nearly every state by 1900, and still used by most today
* Four essential features
- Printed at public expense (not by the parties)
- Lists the names of all candidates in an election
- Is distributed only to qualified voters and only at the polls
- Is marked in secret
Elections
Casting the Ballot
* Two variations are used
- Office-Group Ballot
* Used by most states
* Also known as the Massachusetts Ballot
* All of the candidates for one office are grouped together under
the title of that office
* Favors split-ticket voting (voting for candidates from more than
one party)
Elections
Casting the Ballot
* Two variations are used
- Party-Column Ballot
* Used by only a handful of states
* Also known as the Indiana Ballot
* All of a party’s candidates for office are listed together in a
column under the party’s name
* Favors straight-line voting (voting for all of the candidates of a
single party)
Elections
Casting the Ballot
- Bilingual Ballot (ballots printed in more than one language)
* Since 1975, bilingual ballots have been required under certain
conditions by federal law
* The current requirement is that a bilingual ballot be prepared
whenever a minority-language population reaches 10,000
* Advocates argue that this is the only way to guarantee minority
participation
* Critics argue that every citizen should be fluent enough in English to
vote
Elections
Casting the Ballot
- Sample Ballots are usually made available before an election
* Some states mail them to all voters
* Some states publish them in newspapers
* Some states also send pamphlets to voters in which the candidates can
briefly explain their views and qualifications
Elections
Casting the Ballot
- Lengthy ballots have come to be called “Bedsheet Ballots”
* They list so many offices, candidates, and ballot measures that most
voters find them confusing
* They first appeared in the 1830s, when advocates for democracy tried
to give the people the maximum number of choices
* Critics argue that voters suffer “ballot fatigue” and stop voting before
they reach the end of the ballot
Section Three
Money and Elections
Money and Campaigning
Are campaigns too expensive?
Bush and Kerry spent $500 million
in the 2004 campaign, compared
to the 1988 total of $60 million.
President Obama and Governor
Romney spent $2.5 billion
Money and Campaigning
The Federal Election Campaign Act was passed in 1971 with the
goals of tightening reporting requirements for contributions and limiting
overall expenditures.
A bipartisan Federal Election Commission (FEC) was created to
administer campaign finance laws and enforce compliance with their
requirements.
Limits were established for presidential campaign spending.
All candidates must file periodic financial disclosure
reports with the FEC, listing who contributed funds
and how the money was spent.
PACs can give up to $5,000 per federal candidate
per election.
Money and Campaigning
Impact of the Federal Election Campaign Act
Campaign spending reforms have made campaigns more open and
honest.
Small donors are encouraged,
and the rich are restricted in
terms of the money they can
give directly to a candidate.
All contribution and
expenditure records are open,
and FEC auditors try to make
sure that the regulations are
enforced.
Money and Campaigning
Limiting the impact of money is a difficult task—loopholes are
hard to close.
A 1979 amendment to the
original FECA made it
easier for political parties
to raise money for voter
registration drives and the
distribution of campaign
material at the grass roots
level.
Money used for these
purposes is referred to as
soft money, because it
was a loophole that had
few limitations.
Money and Campaigning
Buckley v. Valeo (1976)
other
Ads
- The Court upheld limits on contributions to candidates.
- The Court struck down limits on expenditures by candidates.
- The Court struck down limits on independent expenditures (expenditures by
groups or individuals than candidates and political parties).
- Outlines the difference between and allowance of Issue Ads and Campaign
Vs.
Money
and
Campaigning
Issue Ads vs. Campaign Ads
Issue Ads
Political advertising that does not specifically call for the election or defeat
of a named candidate but focuses on matters of public concern is called
issue advertising.
Campaign Ad
The use of an advertising
campaign through
newspapers, radio
commercials, television
commercials, etc. to
influence the decisions
made for and by groups.
Money and Campaigning
Magic Words Test
Under the Buckley ruling, speakers that did not invoke any
of…
The Eight Words and Phrases ("vote for," "elect,"
"support", "cast your ballot for", "Smith for Congress",
"vote against", "defeat", "reject", or any variations thereof),
were exempt from
campaign finance laws.
“Issue ads" that mention
candidates without
expressly advocating for
a candidate have grown
rapidly.
Money and Campaigning
The Proliferation of PACs
Created by law in 1974 to allow corporations, labor unions and others to
donate money to campaigns.
Donate to candidates
who support their issue,
regardless of party
affiliation
Superpacs
Officially known as “independent expenditure only committees,” Super
PACS may engage in unlimited spending independent of candidate and
parties
They can raise funds
from corporations,
unions, and other
groups without limits
527s and 501(c)s
527s
A type of tax-exempt organizations created to “influence” the selection,
nomination, election, appointment or defeat of candidates to federal, state,
or local/public office.
Not regulated under state
or federal campaign finance
laws because they do not
"expressly advocate" for
the election or defeat of a
candidate or party.
Independent organizations
that run ads that are not
sponsored by a political
party or a candidate.
They can spend unlimited
amounts of money.
527s and 501(c)s
501(c)
Tax-exempt nonprofit organization in the United States.
The 501(c)(4) and 501(c)(6) categories are for politically active
nonprofit organizations, which have become increasingly
important
since the 2004 federal elections.
Groups allow donors to remain anonymous.
Organizations can receive unlimited
contributions from individuals,
corporations, and unions.
They cannot spend more than half
of their funds on political activities.
Bipartisan Campaign Reform Act of 2002 (BCRA)
AKA: McCain-Feingold Act
Bans "soft money“ donations made directly to political parties (often by
corporations, unions, or wealthy individuals).
Limits on the advertising
that unions, corporations,
and non-profits can
engage in up to 60 days
prior to an election
Restrictions on political
parties‘ use of their funds
for advertising on behalf
of candidates (“issue ads").
McConnell v. Federal Election Commission (2003)
United States Supreme Court upheld the constitutionality of most of the
Bipartisan Campaign Reform Act BCRA (McCain–Feingold Act).
The case was brought by the California Democratic Party, the National Rifle
Association, and U.S. Senator Mitch McConnell, argued that the legislation was
an
unconstitutional infringement on their First Amendment rights
(5-4) Justices Breyer, Stevens, O'Connor, Souter, and Ginsburg established the
majority for two parts of the Court's opinion.
"money, like water, will always find an outlet" and that the
government was therefore justified in taking steps to prevent
schemes developed to get around the contribution limits.
McConnell v. Federal Election Commission (2003)
McConnell v. Federal Election Commission
Regulations dealt with soft-money contributions that were used to register voters
and
increase attendance at the polls, not with campaign expenditures the Court held
that
the restriction on free speech was minimal.
Found that the restriction was justified by the government's legitimate interest
in
preventing "both the actual
corruption threatened by large
financial contributions and…
The appearance of corruption"
that might result from those
contributions.
Partially overruled by Citizens
United v. FEC
Citizens United v. FEC (2010)
The United States Supreme Court (5-4) held that the First
Amendment
prohibits the government from restricting independent political
expenditures by non profit organizations.
527s and 501(c) groups are considered to be persons under the
law, with free speech rights.
The principles articulated
by the Supreme Court in
the case have also been
extended to corporations,
labor unions and other
associations.
Citizens United v. FEC (2010)
Corporations are people, people have unlimited free speech,
corporations speech is money, their unlimited “speech” is
through campaign contributions
The 30 and 60 day limits
on ads were ruled to be
unconstitutional violations
of the First Amendment.
McCutcheon v. Federal Election Commission 2014
Landmark campaign finance case before the United States Supreme
Court challenging the Federal Election Campaign Act (FECA), which
imposed aggregate limits on individual contributions to national
party and federal candidate committees.
2011-2012 election cycle stood at $46,200 for federal candidates and
$70,800 for national parties, or a $117,000 aggregate limit.
McCutcheon filed suit and was
joined by the Republican
National Committee who was
opposed by the FEC and the
Obama Administration
McCutcheon v. Federal Election Commission 2014
In a 5–4 vote, the “Conservative Justices” Roberts, Scalia, Kennedy,
Thomas and Alito invalidated aggregate contribution limits as violating
the First Amendment.
The decision did not affect limits on how much individuals can give to an
individual politician's campaign, which remain at $2,600 per election.
Money and Elections
Money has been called the “mother’s milk” of politics to signify its
importance
- Candidates who cannot raise money cannot succeed
- Many fear that this discourages qualified candidates and gives
undue influence to special interest groups that help raise money
Money and Elections
In spite of efforts to reform campaign finance, the Supreme Court has recognized
that donating money to political campaigns is a form of expression or speech,
and thus deserves the protection of the First Amendment
- The Supreme Court overturned several federal campaign finance restrictions in
Buckley v. Valeo in 1976
* Congress unconstitutionally limited campaign expenditures by candidates
running for the House and Senate
* Congress unconstitutionally limited how much a candidate could donate to
his own campaign
* Congress unconstitutionally limited independent expenditures on behalf of
a candidate made without the candidate’s permission
- The Court did allow several restrictions that applied to presidential campaigns
as a condition of their receiving federal funding to stand
Money and Elections
Campaign Spending
- Estimating the amount of money spent on politics in America is
extremely difficult
* The 2004 Presidential Election is believed to have cost $6 billion
alone
* The amount spent per voter has increased by more than 50% in the
last ten years
- The cost of campaigning rises with reliance on expensive advertising by
television, radio, etc.
Money and Elections
Campaign Spending
- Sources of Funding
* Private Contributions
- Private donors have always been the major source of campaign
funds in the USA
- There are five categories of private donors
* Small contributors normally donate infrequently and in small
amounts
* Wealthy contributors can afford to make large donations on a
regular basis
Money and Elections
Campaign Spending
- Candidates can spend their own money
* The reliance on self-financing has increased the number of
extremely wealthy candidates
* Ross Perot set a record by spending $65 million of his own
money in 1992
- Interest Groups channel donations through political action
committees (PACs)
- Temporary organizations that are formed immediately before an
election to raise money
* Parties and candidates also hold fundraisers such as picnics to raise
money
Money and Elections
Campaign Spending
- Public Funding
* The federal and state treasuries often offer subsidies to help political
campaigns
* Many criticize public funding and argue that a candidate who can’t
raise sufficient donations lacks sufficient support to be taken seriously
Money and Elections
Campaign Spending
- Donating money to campaigns is a form of political participation
* Many donate merely to support a candidate or a party
* Many others donate hoping to get something in return (i.e. a job,
favors, etc.)
Money and Elections
Regulating Campaign Finance
- Congress first began regulating federal election finances in 1907 when it
banned any corporation or national bank from contributing money to a
federal campaign
* The hope was to make candidates beholden only to the voters
* In fact, corporations today make large contributions through PACs
Money and Elections
Regulating Campaign Finance
- Federal Election Campaign Act (FECA) of 1971
* Replaced earlier federal election laws that were vague and loosely
enforced
* Amended in 1974 in response to the Watergate scandal
Amended in 1976 in response to the Supreme Court decision
Buckley v. Valeo
Money and Elections
Regulating Campaign Finance
- Bipartisan Campaign Reform Act (BCRA) of 2002
* Attempted to close the “soft-money” loophole in earlier laws
* Commonly known as the McCain-Feingold law because of its principal sponsors
in the Senate
* The law’s main provision banned soft money contributions to political parties
* The law does not prevent other interest groups from collecting soft money
- Some believe this loophole will continue to weaken parties at the expense of
independent groups
- Some of the most famous beneficiaries of this loophole are Democratic-leaning
groups like the Media Fund and MoveOn.org
* The BCRA survived a constitutional challenge in McConnell v. FEC in 2003
Money and Elections
Regulating Campaign Finance
- Political Action Committees (PACs)
* Congress has prohibited corporations and unions from directly
financing campaigns, but most continue to do so through PACs
* There are more than 4000 PACs in America today
Money and Elections
Regulating Campaign Finance
* Two categories of PACs exist
- Segregated Fund Communities
* Connected to interest groups like unions
* Can raise money only from the members of the groups
* Each PAC is part of its parent organization
Money and Elections
Regulating Campaign Finance
- Unconnected Committees
* This category includes on a few hundred PACs
* They may solicit donations from the general public
* Each was founded and exists independently of any other
organization
* PACs pool the resources of many small donors to have a bigger
impact on certain races
Money and Elections
The Federal Election Commission (FEC)
- Background
* Established by Congress in 1974
* Administers all federal laws dealing with campaign finance
* The FEC is an independent agency in the executive branch
* It has six members who are appointed by the President and confirmed
by the Senate
Money and Elections
The Federal Election Commission (FEC)
- Responsibilities
* Requires the timely disclosure of campaign finance data
- The first disclosure requirements were made by Congress in 1910
- The requirements are so complicated today that campaigns employ
accountants
- Any contribution or loan over $200 must be identified by source and date
- Any expenditure over $200 must be identified by recipient, date, and
purpose
- Donation of more than $5000 must be reported to the FEC within 48
hours
- Any donation of more than $1000 must be reported to the FEC within 48
hours if made in the final 20 days before the election
Money and Elections
The Federal Election Commission (FEC)
* Places limits on campaign contributions
- The first contribution restrictions were made by Congress in 1907,
when it banned donations by corporations and national banks
- Individual contributions have been regulated since 1939
- Contributions from labor unions have been banned since 1943
- No individual or group can donate in the name of another
- Cash donations over $100 are prohibited
- Donations from foreign sources are prohibited
- All contributions to a candidate must be made through a single
committee
Money and Elections
The Federal Election Commission (FEC)
- Limits on Personal Donations
- No person can donate more than $2,100 to any federal candidate’s general
election campaign
- No person can donate more than $2,100 to any federal candidate’s primary
election campaign
- No person can donate more than $5,000 in any year to a PAC
- No person can donate more than $26,700 in any year to a national party
committee
- The total of a person’s contributions to all federal candidates and committees in
the two years between general elections cannot exceed $101,400
- Before those limits were imposed in the 1970s, many wealthy individuals gave
larger amounts
Money and Elections
The Federal Election Commission (FEC)
* Limits on PAC Donations
- No PAC can contribute more than $5,000 to a federal candidate in
a primary election
- No PAC can contribute more than $10,000 to a federal candidate in
a general election
- No PAC can contribute more than $15,000 to a political party in a
single year
- PACs may contribute to as many different candidates as it chooses
Money and Elections
The Federal Election Commission (FEC)
* Places limits on campaign expenditures
- Congress first began to limit campaign expenditures in 1925
- Because of Buckley v. Valeo, most limits apply only to presidential
elections, not congressional elections
- In 2004, presidential candidates wishing to receive public funding
could spend no more than $37.3 million in their primary campaigns
- In 2004, presidential candidates wishing to receive public funding
could spend no more than $74.6 million in their general campaigns
- In 2004, no party could spend more than $15 million for its
presidential campaign if the candidate was to receive public
funding
Money and Elections
The Federal Election Commission (FEC)
* Provides public funding for several parts of the presidential election
process
- Congress first began to provide for public funding of presidential
campaigns in 1971
- The FEC pays part of the costs of presidential campaigns for those
candidates who comply with its rules
* Pre-convention Campaigns (Primaries)
- Candidates must raise at least $100,000 from individuals to
qualify
- Those contributions must be gathered in $5,000 lots from at
least 20 different states
Money and Elections
The Federal Election Commission (FEC)
- Each $5,000 state lot must be composed of individual
contributions not greater than $250
- This complicated qualification process discourages frivolous
candidates
- The FEC will match the first $250 of every individual’s
donations up to a total of half of the overall primary spending
(max $18.65 million in 2004)
- The FEC does not match the donations of PACs or parties
Money and Elections
The Federal Election Commission (FEC)
* National Conventions
- Each major party that applies automatically receives a grant
to help pay for its convention
- Both Republicans and Democrats received grants of $14.6
million in 2004
Money and Elections
The Federal Election Commission (FEC)
* Presidential Election Campaigns
- Every major nominee from 1976 to present has accepted the
subsidy
- Accepting the subsidy means you cannot spend more than
that amount
- Accepting the subsidy means you cannot accept funds from
other sources
Money and Elections
The Federal Election Commission (FEC)
* Presidential Election Campaigns
- Every major nominee from 1976 to present has accepted the
subsidy
- Accepting the subsidy means you cannot spend more than
that amount
- Accepting the subsidy means you cannot accept funds from
other sources
Money and Elections
The Federal Election Commission (FEC)
* Minor parties can qualify for public funding, but do so far less
frequently
- To qualify in advance, the party must have won at least 5% of the
popular vote in the last presidential election
- A party that wins at least 5% of the popular vote in the current
election can still qualify, but receives its money after the election
- Minor parties have met the 5% threshold only three times
* 1980 – John Anderson received $4 million after the election
* 1992 – Ross Perot received $29 million after the election for 1996
* 1996 – Ross Perot received enough votes for the Reform Party that
Pat Buchanan received funds for his 2000 campaign
Money and Elections
The Federal Election Commission (FEC)
* Candidates have recently begun to reject the public funding of
primaries because of the restraints
- Republican John Connally in 1980
- Republican Steve Forbes in 1996 and 2000
- Republican George W. Bush in 2000 and 2004
- Democrat Howard Dean in 2004
- Democrat John Kerry in 2004
Money and Elections
The Federal Election Commission (FEC)
* The American people fund the Presidential Election Campaign
Fund through voluntary tax donations
* Taxpayers are required to check a box on their tax return to make
the $3 individual donation
* The number choosing to do so has been declining
- Many experts conclude that there is little enthusiasm for public
campaign finance in the USA
Money and Elections
Hard and Soft Money
- Federal election laws distinguish between money raised and spent to
elect candidates (hard money) and money raised by party organizations
for “party-building activities” (soft money)
- Party building activities include many that also benefit election
campaigns
* Candidate recruitment
* Voter registration drives
* Get-out-the-vote mobilizing efforts
Money and Elections
Hard and Soft Money
- Parties engaged in party-building activities during a campaign exploited
the soft money loophole in finance laws
* Parties began to raise more soft money in the 1980s
* From 1980 to 2000, the amount raised increased from $19 million to
$500 million
- The BCRA of 2002 banned soft money contributions to political parties,
but not to other groups
- More than $200 million in soft money was still spent in the 2004
election