Elections

1
Elections

• AP Government
• Unit 5

2
The Functions of Elections

• Elections serve
• to legitimize governments
• to fill public offices and organize governments
• to allow people with different views and policy
  agendas to come to power
• to ensure that the government remains accountable
  to the people.

3
The Functions of Elections

• Most political change in the United States comes
  about because of elections.
• Elections generally have allowed us to avoid
• Riots
• General strikes
• Coups d'etats

4
Why Dont Americans Vote?

• Long and complex ballots
• Confusing to voters
• People are poorly informed
• Disaffection
• Elections are determined by money and special
  interest support
• Loss of trust in government
• Alienation
• Legal barriers
• Some groups were not allowed to vote
• 15th, 19th, 23rd, 24th, and 26th Amendments fixed
  this

5
Young People

• In 2004, 20.1 million 18-29 year olds voted, a
  4.3 million jump over 2000. 
• The turnout increase among the youngest voters
  was more than double that of any other age group.
  
• In 2006, 18-29 year olds turnout grew by nearly
  2 million over 2002 levels.
• Turnout among the youngest voters grew by 3
  percentage points over 2002 levels, twice the
  turnout increase of older voters.

6
Registering To Vote

• Voter Registration
• A system adopted by the states that requires
  voters to register in advance
• Motor Voter Act
• Requires states to permit people to register to
  vote when the apply for their drivers license.
• Millions added to electorate but the election
  outcomes were not affected

7
Efforts to Lower Costs Voting

• Same day registration
• Easing of registration regulations
• No picture ID required in most states
• Show many forms of ID
• Expansion of ballot access
• absentee or mail balloting
• other mechanisms (internet)??

8
Same Day Registration

• Produces higher turnout
• At least 30 of American adults change their home
  address every 2 years --- and hence must
  re-register!

9
The Political Consequences of Turnout

• Do fewer voters help Republicans or Democrats?
• Who usually wins elections- challengers or
  incumbents?
• Who does higher turnout help the incumbent OR the
  challenger?

10
The Political Consequences of Turnout

• Do fewer voters help Republicans or Democrats?
• Usually Republicans
• But increasing categories of voters can make a
  difference in either party
• Who usually wins elections- challengers or
  incumbents?
• Incumbents (90 in House and 70 in Senate)
• Who does higher turnout help the incumbent OR the
  challenger?
• Generally helps the challenger but incumbents
  usually still win

11
Do we vote for the Candidate or the Campaign?

• Today, most people vote for a candidate not the
  campaign
• He/she is even more important than money ?
• Campaigns are able (most of the time) to downplay
  a candidates weaknesses and emphasize his/her
  strengths.
• However, even the best campaigns cannot put an
  ineffective candidate in the win column most of
  the time ?

12
Seven Types of Elections

• Caucus
• Primary Elections
• General Elections
• Initiatives
• Referendums
• Recall elections
• Run-off elections

13
Caucus

• A caucus is when a political party gathers to
  make policy decisions and to select candidates.
• Straw ballots or nonbinding elections may take
  place in a caucus

14
The Iowa Caucus

• The Iowa Caucus is the most important because it
  is first
• As a result, Iowa garners a vastly
  disproportionate number of candidate visits and
  amount of media attention. 
• A better than expected showing on caucus night
  can boost a candidacy, while a poor performance
  can spell the end of a candidate's hopes.

15
Primary Elections

• Primary elections select party nominees for the
  general election
• Held on different days in different states
• Most states force voters to vote in only one
  primary (Dem or Rep)
• Primaries are run by the parties for the benefit
  of the parties
• In one-party states, the primary election IS the
  only election that matters

16
New Hampshire

• The Most Important Primary is held in NH
• The major testing ground for candidates for the
  Republican and Democratic nominations.
• Most important because it is FIRST
• Attracts the most attention of the press corps
• Candidates who do poorly usually have to drop
  out.
• Little known, under funded candidates who do well
  suddenly become contenders, as they gain huge
  amounts of media attention and money
• Some candidates spend 8-12 months there BEFORE
  the election

17
Primary elections different types

• Open primaries
• You can enter the voting booth and then decide on
  the party primary in which you will vote
• Closed primaries
• You must reveal your party OR be a registered
  member of that party to vote
• Blanket (or love) Primaries
• In blanket primaries voters may choose from both
  party ballots in a primary
• For instance, a voter might select a Democrat for
  governor and a Republican for senator.
• Californias blanket primary was struck down as
  unconstitutional in 2001

18
General Elections

• In general elections we elect office holders
• Two types of general elections
• Presidential election years (2000-2004-2008)
• Party nominated candidates and independents
• First Tuesday after the first Monday in November
• Midterm elections (2002-2006-2010)
• General election but no presidential race
• Still first Tuesday after the first Monday in
  November
• Both party-nominated candidates and independents
  but fewer voters

19
General Election Turnout

• Voter turnout is the highest for general
  elections
• In presidential years, the general election
  turnout is the highest
• In midterm elections, general election turnout
  decreases in most states

20
Initiatives

• Initiatives allow citizens to propose legislation
  and submit it to popular vote.
• Popular in California and western states
• Initiative 85 - Parental Notification before
  Termination of Teen's Pregnancy
• Initiative 86 - Increase on Cigarette Tax
• Initiative 87 - Funding for alternative forms of
  energy
• Initiative 88 - Property Parcel Tax to fund for
  Education

21
Referendum

• A referendum allows the legislature to submit
  proposed legislation for popular approval.
• Special elections on certain topics or issues
• State voters approve or disapprove proposed
  legislation.
• Often used for constitutional amendments
• The Georgia Legislature recently sponsored the
  Marriage Amendment
• It passed with overwhelming support

22
Recall Elections

• Recall elections allow citizens to remove someone
  from office.
• Voters decide whether or not to vote out an
  official
• California recalled Governor Gray Davis and
  elected Arnold Schwarzenegger
• TheGovernator

23
Runoff Elections

• A voting system used to elect a single winner,
  whereby only two candidates from the first round
  continue to the second round
• Runoff elections allow citizens to pick from the
  top two vote candidates AFTER a primary or
  general election.
• Georgia allows run-offs.
• Many other states do not.

24
Instant Runoff

• Instant Runoffs allows ballot to be recounted if
  no candidate wins a majority.
• Voters rank all the candidates (1-2-3)
• Also known as the Transferable Vote System

25
Yellow Dog Democrat

• A Yellow Dog Democrat is a staunch loyalist to
  the Democratic Party.
• The term, Yellow Dog Democrat, first occurred in
  the 1928 elections, when Al Smith ran for
  President against Herbert Hoover.
• Southerners hated Hoover, hence, the popular
  saying, "I'd vote for a yellow dog if he ran on
  the Democratic ticket" was born!
• Blue Dog Republican is a more modern term, and
  less well known termmeans the same thing

26
The Electoral College

• Framers wanted president chosen by the elite of
  the country
• The Electoral College was established
• Winner-Take-All system gives bigger emphasis to
  more populated states
• Except for NE and ME which use a divided elector
  system
• State parties choose the electors
• Electors are usually party elite

27
The Electoral College

• How it works
• Each state has as many votes as it does
  Representatives and Senators.
• Winner of popular vote typically gets ALL the
  Electoral College votes.
• Except for NE and ME which divide electoral votes
• Electors meet in December, votes are reported by
  the vice president in January.
• If no candidate gets 270 votes (a majority), the
  House of Representatives votes for president,
  with each state getting ONE vote.

28
How We Elect A President...AKA The Electoral
College
29
How We Elect A President...AKA The Electoral
College
30
How We Elect A President...AKA The Electoral
College
31
How We Elect A President...AKA The Electoral
College
32
Should We Change the Current Electoral System?

• Alter Current System
• Divide electoral votes within states
• Use popular vote as secondary check
• Alternative Voting Systems
• Plurality voting system
• Hare System
• The Borda Count
• Sequential Pair-Wise Voting

33
Alternative Voting Systems

• Voting System 1
• Plurality
• A common method of voting is called plurality. In
  this system, each person casts one vote for a
  choice and the option with the option with the
  most votes wins.

• Voting System 2
• The Hare System
• This method involves taking an initial poll in
  which each person casts one vote for his or her
  favorite option. The option receiving the least
  number of first place votes is eliminated, and
  then another poll is taken. Those who originally
  voted for the eliminated option vote for their
  second choice. Continually eliminate the least
  popular option until a single winner emerges.

34
Alternative Voting Systems

• Voting System 3-
• The Borda Count
• This is a voting method that takes into account
  each voters first, second, and third choices.
• Each first-choice vote is awarded two points,
  each second choice vote is awarded one point, and
  no point is awarded for a third choice. This way,
  each choice is assigned a point-value.
• Example For Al Gore has seventeen first-choice
  votes and five second-choice votes, for a total
  of 2(17) 1(15) 39 points.

• Voting System 4
• Sequential Pair-Wise Voting
• This method involves a sequence of head-to-head
  contests.
• First, the group votes on any one of two of the
  options and then the preferred option is matched
  with the next option, while the loser is
  eliminated. Continue eliminating the less popular
  option of a pairing, until one remains.

35
A History of American Elections
36
From George Washingtons Farewell Address

• As he addressed Congress and his administration
  he warned about the dangers of political parties
• the spirit of Party are sufficient to make it
  the interest and the duty of a wise People to
  discourage and restrain it.

37
Thanks but NO THANKS George

• Political Parties immediately formed
• And the rest is history!!
• 1800
• Federalists v Anti-Federalists
• Big Government v Small Government
• Hamilton v Jefferson

38
Four instances in which winner of the popular
vote didnt get the presidency

• 1824 House selects John Quincy Adams (loser
  Andrew Jackson)
• 1876 Samuel Tilden wins popular vote,
  Rutherford Hayes wins presidency.
• 1888 Benjamin Harrison edged in popular vote by
  Grover Cleveland, but Harrison wins in electoral
  college.
• 2000 Gore wins popular vote, Bush takes
  presidency after US Supreme Court decides Florida
  dispute.

39
Important Elections to Know Critical/Realigning
Elections on Test Important Midterm
Election on Test

• 1800
• 1828
• 1860
• 1896
• 1932
• 1960
• 1964
• 1968
• 1972
• 1976

• 1980
• 1984
• 1988
• 1992
• 1994
• 1996
• 2000
• 2004
• 2006
• 2008

• Who ran?
• Who won?
• Why did they win?
• Who voted for them?
• Where did they live?
• What party?
• What were their political beliefs?

40
Party Realignment/Critical Elections

• Occurs when a new voting coalition appears in an
  election year
• Often after a long period of little party change
• These are called critical or realigning elections
• 1800 (Republican Democrats)
• 1828 (Jacksonian Democrats)
• 1860 (Republicans- abolitionists)
• 1896 (Democrats-Populists and farmers
  Republicans-City and business interests)
• 1932 (New Deal Coalition Democrats)

41
Election of 1800

• Thomas Jefferson (RD)
• (Republican Democrats)
• Jeffersonians- common man
• John Adams (F)

42
Election of 1828

• Andrew Jackson (D)
• Common man voters
• No land requirements
• John Quincy Adams (F)

43
Election of 1860

• Abraham Lincoln (R)
• Anti-slavery
• Stephen Douglas
• No. Democrat
• John C. Breckenridge
• So. Democrat
• Bell
• Constitutional Unionist

44
Election of 1896

• William McKinley (R)
• Pro business and city dwellers
• William Jennings Bryan (D)

45
Election of 1932

• Franklin Delano Roosevelt (D)
• New Deal coalition
• Herbert Hoover (R)

46
Election of 1960

• John F. Kennedy (D)
• Television
• Richard Nixon (R)

47
Election of 1964

• Lyndon B. Johnson (D)
• Daisy commercial
• Barry Goldwater (R)

48
Election of 1968

• Richard Nixon (R)
• Silent majority
• Southern strategy
• Humphrey (D)- 1968
• Democrats are splintered after violence at 1968
  Chicago Convention
• Wallace (I)-1968
• Takes away votes in South from Dems

49
Election of 1972

• 1972
• Nixon (R)
• Nixon Now!
• George McGovern (D) 1972
• Unpopular with political and party elite
• Selected as nominee at DNC because no one else
  was front runner and he had grassroots support
  from primaries

50
Election of 1976

• Jimmy Carter (D)
• Washington outsider
• Gerald Ford (R)
• Why did you pardon Nixon??

51
Election of 1980

• 1980
• Ronald Reagan (R)
• Anyone but Carter mindset
• Conservative strategy will fix economy
• Christian Coalition and Moral Majority joined
  forces to elect Republicans (Pro-life)
• Jimmy Carter (D)
• Iranian Hostage crisis and sinking economy hurt
  Carters chance for reelection

52
Election of 1984

• Ronald Landslide Reagan (R)
• Walter Mondale (D)

53
Election of 1992

• Bill Clinton (D)
• Its the economy, stupid
• Used Bushs promise of Read my lips, no new
  taxes brilliantly (James Carville)
• Perot took away some of the votes that would have
  gone to Bush
• George HW Bush (R)
• Out of touch with Americans
• Price of milk???
• Ross Perot (Reform)
• 19 of popular vote- WOW!!

54
Election of 1994

• Midterm election
• Ushered in the Conservative Revolution headed
  by Newt Gingrich
• AKAthe Devolution Revolution
• Gingrich and his fellow Conservative Republicans
  offered Americans a Contract with America

55
Election of 1996

• Bill Clinton (D)
• Ran on successes and economic upswing
• Bob Dole (R)
• Ineffective campaign strategies
• Ross Perot (Reform Party)
• Did not run as an effective campaign as in 1992

56
Important Cases Concerning Elections

• Baker v Carr
• Shaw v Reno
• Miller v Johnson
• Buckley v Valeo
• Citizens United v FEC

57
Election of 2000

• George W. Bush (R)
• Squeaker election
• Florida was swing state
• Thrown in to Supreme Ct.
• VP AL Gore v Governor Jeb Bush
• Al Gore (D)
• If had he won his own home state of TN he would
  have not needed FL!
• Ralph Nader (Green)
• Greens took away some of the natural base of
  Democrats

58
Election of 2004

• George W. Bush (R)
• 9-11
• War on terror
• Character issues
• John Kerry (D)
• Was swiftboated by Vietnam war vets

59
Election of 2006

• Midterm election
• Brought Democrats back to power in both Houses of
  Congress for first time in over 10 years
• The War in Iraq was factor
• President Bushs unpopularity was also a factor

60
Election of 2008

• Barack Obama (Dem)
• Message of change resonated with voters
• Young people!
• 50 state strategy
• John McCain (Rep)
• Too old??
• Not conservative enough for right wing
  Republicans and not liberal enough for Dems to
  cross over

61
Important Cases Concerning Elections

• Baker v Carr
• Shaw v Reno
• Miller v Johnson
• Buckley v Valeo
• McConnell v Federal Election Commission

62
Reapportionment and Redistricting

• The seats in the House of Representatives are
  reallocated after each decennial census is a
  process known as reapportionment.
• For example Georgia gained 2 seats after the 2000
  census
• Once reapportionment is completed, states then
  redistrict the seats according to population
  growth within the state.

63
Supreme Court Rules for Redistricting and
Gerrymandering

• Congressional districts must be apportioned on
  the basis of population
• Congressional districts must be contiguous (no
  broken lines)
• Using gerrymandering to dilute minority strength
  is illegal under the 1965 Voting Rights Act
• Redrawing boundaries SOLELY based on race is
  unconstitutional according to Shaw v Reno

64
Baker v Carr 1961

• Facts of the Case
• Charles W. Baker and other Tennessee citizens
  alleged that a 1901 law designed to apportion the
  seats for the state's General Assembly was
  virtually ignored. Baker's suit detailed how
  Tennessee's reapportionment efforts ignored
  significant economic growth and population shifts
  within the state.
• Question
• Did the Supreme Court have jurisdiction over
  questions of legislative apportionment?

65
Baker v Carr 1961

• Conclusion
• In an opinion which explored the nature of
  "political questions" and the appropriateness of
  Court action in them, the Court held that there
  were no such questions to be answered in this
  case and that legislative apportionment was a
  justifiable issue.
• One man, one vote
• In his opinion, Justice Brennan provided past
  examples in which the Court had intervened to
  correct constitutional violations in matters
  pertaining to state administration and the
  officers through whom state affairs are
  conducted.
• Brennan concluded that the Fourteenth Amendment
  equal protection issues which Baker and others
  raised in this case merited judicial evaluation.

66
Shaw v. Reno- 1993

• Case concerned reapportionment and civil rights
• North Carolina created a congressional district
  which was, in parts, no wider than the interstate
  road along which it stretched in order to create
  a black-majority district
• AKA The creation of a Majority-minority
  district
• Five North Carolina residents challenged the
  constitutionality of this unusually shaped
  district, alleging that its only purpose was to
  secure the election of additional black
  representatives.
• Was this gerrymandering case constitutional?

67
Ruling and Importance

• The Court said NO in this case!
• It ruled although North Carolina's
  reapportionment plan was racially neutral on its
  face, the resulting district shape was bizarre
  enough to suggest that it constituted an effort
  to separate voters into different districts based
  on race.
• Districts can not just be based on one factor
  alone- race
• The unusual district, while perhaps created by
  noble intentions, seemed to exceed what was
  reasonably necessary to avoid racial imbalances.
• Left door open for some instances in future.

68
Miller v Johnson 1995

• Facts of the Case
• Between 1980 and 1990, only one of Georgia's ten
  congressional districts was majority-black.
  According to the 1990 decennial census, Georgia's
  black population of 27 entitled blacks to an
  additional eleventh congressional seat, prompting
  Georgia's General Assembly to re-draw the state's
  congressional districts.
• After the Justice Department refused
  pre-clearance of several of the Assembly's
  proposed new districts, the Assembly was finally
  successful in creating an additional
  majority-black district through the forming of an
  eleventh district.
• This district, however, was called a "geographic
  monstrosity" because it extended 6,784.2 square
  miles from Atlanta to the Atlantic Ocean.
• Gerrymandered district went from Stone Mountain
  to Savannah!!
• Question
• Is racial gerrymandering of the congressional
  redistricting process a violation of the Equal
  Protection Clause?

69
Miller v Johnson 1995

• Conclusion
• Yes. In some instances, a reapportionment plan
  may be so highly irregular and bizarre in shape
  that it rationally cannot be understood as
  anything other than an effort to segregate voters
  based on race.
• GA case that reaffirmed Shaw
• Using race only to draw a Congressional district
  was unconstitutional
• Applying the rule laid down in Shaw v. Reno
  requires strict scrutiny whenever race is the
  "overriding, predominant force" in the
  redistricting process.

70
Federal Election Campaign Act of 1971 (FECA)

• A Broad Comprehensive Change in Election Law
• It broadly defined elections to include
  primaries, caucuses and conventions, as well as
  general and special elections.
• The Act broadly defined expenditures and
  contributions.
• It prohibited promises of patronage.
• It prohibited contracts between a candidate and
  any Federal department or agency.
• The Act exempted from regulation contributions
  and expenditures for non-partisan or
  non-candidate based get out the vote and voter
  registration drives by unions and corporations.

71
Federal Election Campaign Act of 1971 (FECA)
Continued

• It exempted from regulation contributions and
  expenditures for voluntary fundraising and its
  administration by unions and corporations.
• It established caps on the amount individuals
  could contribute to their own campaign
  Presidential and Vice Presidential candidates,
  50,000 each Senatorial candidates, 35,000
  each and House candidates, 25,000 each.
• The Act established caps on television
  advertising at 10 cents per voter in the last
  election or 50,000, whichever was higher.
• It established disclosure guidelines for
  contributions of 100 or higher.
• Expenditure and contribution reports were made
  due by March 10 of each year.

72
Amendments to the FECA (1974)

• In light of the Watergate scandal, distrust of
  public officials was at a peak.
• Even more so than in 1971, the new--and now more
  numerous--reformers in Congress pushed for
  campaign finance reform.
• The 1974 Amendments to the Federal Election
  Campaign Act passed quickly and were signed by
  President Ford.
• The law legitimated Political Action Committees,
  changed contribution limits, and established the
  Federal Election Commission (FEC).

73
Amendments to the FECA (1974)

• Set Spending Limits
• Total spending limits for Presidential
  candidates 10,000,000 for primaries
  20,000,000 for the general election and
  2,000,000 for nominating conventions.
• Total spending limits for Senatorial candidate
  100,000 or .08 per eligible voter, whichever is
  higher, for primaries 150,000 or .12 per
  eligible voter, whichever is higher, for general
  elections.
• Total spending limits for House candidates
  70,000 each for primaries and general elections.
  

74
Amendments to the FECA (1974) Continued

• Public Funding for Presidential Races
• It defined a "major party" as one which received
  at least 25 of the vote in the last federal
  election.
• It set up a system by which private gifts to a
  presidential candidate would be matched by funds
  raised through the Long Act.
• Disclosure and Enforcement
• It treated loans as contributions.
• Fines for not reporting could be as high as
  50,000.
• Violators could be prevented from running for
  federal office for the length of the term of the
  office sought, plus one year.
• The Act gave the FEC the power of advisory
  opinions.
• It required full reports of contributions and
  expenditures to be filed 10 days before and 30
  days after each election.
• It required candidates to set up one campaign
  banking headquarters for easy research and
  accountability.

75
The Creation of the FEC

• In 1975, Congress created the Federal Election
  Commission (FEC) to administer and enforce the
  Federal Election Campaign Act (FECA) - the
  statute that governs the financing of federal
  elections.
• The duties of the FEC, which is an independent
  regulatory agency, are to disclose campaign
  finance information, to enforce the provisions of
  the law such as the limits and prohibitions on
  contributions, and to oversee the public funding
  of Presidential elections.

76
Buckley v Valeo (1976)

• Facts
• The issue of campaign contributions came under
  scrutiny after the Watergate scandal
• The Federal Election Committee set guidelines and
  limits on money given to campaigns
• Was this constitutional??
• The Court also had to decide whether or not you
  can be limited by the amount you can spend on
  your OWN personal campaign
• Was this constitutional??

77
Importance

• Yes!
• The case upheld limits on campaign spending set
  by the FEC
• Today it is 2300 per election per candidate
• No!
• Spending your own money on your campaign was
  found to be a free speech right.
• Steve Forbes, Mitt Romney, Ross Perot, and other
  wealthy Americans have taken advantage of their
  personal wealth in their quest for office.

78
Hard Money/Individual Contributions

• Hard money is money given directly to the
  candidates
• This is limited by law
• The Federal Election Commission (FEC) limits
  individuals to contributions of 2,300 per
  election, per candidate (2,300 in the primary
  and another 2,300 in the general election).

79
Soft Money

• Soft money was money with no limits or rules that
  is raised and spent outside of federal election
  guidelines before BCRA.
• PACs contribute soft money to campaigns
• Soft money is often used to pay for ads that do
  not expressly advocate the election or defeat of
  a particular candidate.
• As long as these ads do not use the words "vote
  for", "elect", "vote against ads can be paid
  for with unregulated soft money.
• Many argue that the huge infusion of unregulated
  soft money has destroyed the federal campaign
  laws.

80
Political Action Committees(PACs)

• PACs are private groups organized to elect or
  defeat government officials and promote
  legislation
• There are over 4,000 PACs registered with the
  Federal Election Commission.
• PACs gave over 200 million to congressional
  candidates in 1996 (individuals gave 444
  million).
• PACs may donate 5,000 per candidate, per
  election
• Primaries, general elections and special
  elections are counted separately

81
Money from PACS

• PACs may receive up to 5,000 from any one
  individual, PAC or party committee per calendar
  year.
• PACs can give 5,000 to a candidate committee per
  election (primary, general or special).
• They can also give up to 15,000 annually to any
  national party committee, and 5,000 annually to
  any other PAC.
• PACS support candidates with campaign money
• ½ sponsored by corporations 1/10 by unions
• 1/3 liberal and 2/3 conservative (2001)
• Incumbents get the most PAC money!!

82
Money Limits

• Individuals can give up to 2300 to a candidate
  but PACS can give 5,000 to a candidate
• Federal money will match presidential campaign
  money but.
• Parties need at least 5 of vote in previous year
  for presidential candidate to receive funds
• If that doesnt happen you need PACs!!!

83
Top PACs in 2004

• EMILY's List 22,767,521
• Service Employees International Union 12,899,352
  
• American Federation of Teachers 12,789,296
• American Medical Association 11,901,542
• National Rifle Association 11,173,358
• Teamsters Union 11,128,729
• International Brotherhood of Electrical Workers
  10,819,724
• National Education Association 10,521,538
• American Federation of State, County and
  Municipal Employees 9,882,022
• Laborers' International Union of North America
  9,523,837

84
Bipartisan Campaign Reform Act

• The BCRA was passed in 2002
• Also known as the McCain-Feingold Act
• Banned national political party committees from
  accepting or spending soft money contributions
• The original intent has been lost in loopholes

85
527s

• 527s are groups that developed from the
  loopholes in the McCain-Feingold Act
• Many 527s are run by special interest groups and
  used to raise unlimited amounts of money to spend
  on issue advocacy and voter mobilization.
• They do not give money to any particular campaign
  or candidate thus ARE NOT regulated by the FEC

86
Swiftboating

• On May 5, 2004, the RNC accused MoveOn.org and
  others 527s of coordinating their efforts with
  the John Kerry campaign
• http//www.moveon.org/
• On August 20, 2004, the John Kerry campaign
  accused Swift Boat Veterans for Truth of
  coordinating their efforts with the George W.
  Bush campaign
• http//www.swiftvets.com/index.php?topicAds

87
Citizens United v FEC (2010)

• Facts of the Case
• Citizens United sought an injunction against the
  Federal Election Commission to prevent the
  application of the Bipartisan Campaign Reform Act
  (BCRA) to its film Hillary The Movie.
• The Movie expressed opinions about whether
  Senator Hilary Rodham Clinton would make a good
  president.
• In an attempt to regulate "big money" campaign
  contributions, the BCRA applied a variety of
  restrictions to "electioneering communications.
• The BCRA (McCain-Feingold Act) prevents
  corporations or labor unions from funding such
  communication from their general funds and
  require the disclosure of donors a disclaimer
  when the communication is not authorized by the
  candidate it intends to support.
• Citizens United argued that its First Amendment
  rights had been violated.

88
Questions to Consider 

• Do the BCRA's disclosure requirements impose an
  unconstitutional burden when applied to election
  rules because they are protected "political
  speech" and not regulable "campaign speech"?
• The Court said, No!
• If a ad/movie lacks a clear plea to vote for or
  against a particular candidate, is it subject to
  regulation under the BCRA?
• The Court said, Yes!
• Should a feature length documentary about a
  candidate for political office be treated like
  the advertisements at issue in McConnell and
  therefore be subject to regulation under the
  BCRA?
• The Court said, Yes!

89
Importance

• Rules Left in Place
• The Court further held that the BCRA's disclosure
  requirements as applied to The Movie were
  constitutional.
• The Court held that political speech may be
  banned based on the speaker's corporate identity.
  
• The Court reasoned that revealing the identity of
  the ads sponsor is justified by a "governmental
  interest" in providing the "electorate with
  information" about election-related spending
  resources.
• Rule that were Changed
• The government may not limit corporate
  independent expenditures.
• The First Amendment does not allow the government
  to impose restrictions on certain on corporations
  or labor unions.
• Political speech is "indispensable" to a
  democracy, which is no less true because the
  speech comes from a corporation.

90
The End