Elections

1
Elections

• AP Government
• Unit 3

2
Functions of Elections

• Serve to
• Legitimize governments
• Fill public offices
• Allow people with different views/policy agendas
  to come to power
• Ensure government remains accountable to people.
• Allows for political change

3
Functions of Elections

• Allowed us to avoid
• Riots
• General strikes
• Coups d'etats

4
Why Dont Americans Vote?

• Long and complex ballots
• Confusing to voters
• People poorly informed
• Disaffection
• Determined by money and special interest support
• Loss of trust in government
• Legal barriers--Some not allowed to vote
• Today Photo ID Rules
• 15th, 19th, 23rd, 24th, and 26th Amendments fixed
  many legal barriers

5
Why Dont Americans Vote?

• 5. Other Legal Requirements
• Age Requirements
• Citizenship Requirements
• Not close and some voters feel its not necessary
• Young people/minorities less likely to vote.
• Political parties dont mobilize voters (distant
  national bureaucracies)
• No easy universal voter registration.
• Requires effort (cost) without any cost for
  nonvoting.

6
Young People

• 2004 20.1 million 18-29 year-olds voted, a 4.3
  million jump over 2000. 
• Turnout increase among youngest voters more than
  double that of any other age group.
• 2006 18-29 year-olds turnout grew by nearly 2
  million over 2002 levels.
• Turnout among youngest voters grew by 3
  percentage points over 2002 levels, twice turnout
  increase of older voters.
• 2008 18-29 year-olds turnout grew to almost 50!

7
Registering To Vote

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

Link on how to register in Cobb County
http//www.cobbelections.org/Registration.php
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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
• Early voting (GA)
• other mechanisms (internet)??

9
Same Day Registration

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

10
Political Consequences of Turnout

• Do fewer voters help Republicans or Democrats?
• Usually Republicans
• 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? Incumbent OR
  challenger?
• Generally helps challenger but incumbents usually
  still win

11

12
Seven Types of Elections

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

13
Caucus

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

14
Iowa Caucus

• Most important because its 1st
• Garners disproportionate number of candidate
  visits and amount of media attention. 
• Better than expected showing on caucus night can
  boost candidacy

15
Primary Elections

• Select party nominees for general election
• Held on different days in different states
• Most states force voters to vote in only 1
  primary (Dem or Rep)
• Run by parties for benefit of parties
• In 1-party states, primary election IS only
  election that matters

16
New Hampshire

• Most Important Primary
• Major testing ground for candidates for Rep. and
  Dem. nominations.
• Attracts most attention
• Candidates who do poorly usually have to drop
  out.
• Little known, under funded candidates who do well
  suddenly become contenders
• Some candidates spend 8-12 months there BEFORE
  election

17
Primary elections different types

• Open primaries
• Can enter voting booth then decide on party
  primary in which you will vote
• Closed primaries
• Must reveal your party/be registered member of
  that party to vote
• Blanket (or love) Primaries
• Voters may choose from both party
• Voter might select Dem. for governor and Rep. for
  senator.

18
Primaries and Delegates (Superdelegates)

• Each party holds primary/caucus
• Political elites from parties selected as pledged
  delegates
• Delegates must vote as state voted on 1st ballot
• Both parties have unpledged delegates who not
  obligated to vote w/state delegates
• Democrats
• Currently 4,049 total delegates to DNC 3,253
  pledged, 796 unpledged or superdelegates.
• Total of delegate votes needed to win 2,025.
• Republicans
• Currently 2,380 total delegates to RNC 1,917
  pledged, 463 unpledged delegates.

19
Primaries and Delegates (Superdelegates)

• Superdelegates dont have to indicate candidate
  preference, compete for position.
• Typically members of national committee, elected
  officials like senators or governors, or party
  leaders

20
General Elections

• Elect office holders
• 3 types
• Off-year elections (2011, 2013, 2015..)
• Generally odd years. Include mayoral races,
  school boards, etc..
• Presidential election years (2000-2004-2008-2012)
  
• Party nominated candidates and independents
• First Tuesday after first Monday in November
• Midterm elections (2002-2006-2010)
• General election but no presidential race
• Still first Tuesday after first Monday in
  November
• Both party-nominated candidates and independents
  but fewer voters

21
General Election Turnout

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

22
Initiatives

• Allow citizens to propose legislation and submit
  it to popular vote.
• Popular in CA 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

23
Referendum

• Allows 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
• I.E. GA Legislature
• sponsored
• Marriage Amendment
• Passed with overwhelming support

24
Georgia Marriage Amendment
Constitutional Amendment 1 appeared on the ballot
in Georgia as a legislatively-referred amendment
on November 2, 2004. The results are shown below.
 

Shall the Constitution be amended so as to
provide that this state shall recognize as
marriage only the union of man and woman?
Question 1 Question 1 Question 1
Result Votes Percentage
 Yes 2,454,930 76.2
No 768,716 23.8
25
Recall Elections

• Allow citizens to remove someone from office.
• Voters decide whether or not to vote out an
  official
• CA recalled Governor Gray Davis and elected
  Arnold Schwarzenegger

26
Runoff Elections

• Allow citizens to pick from top 2 vote candidates
  AFTER primary or general election.
• GA allows run-offs.
• Many other states do not.

27
Instant Runoff

• Allows ballot to be recounted if no candidate
  wins a majority.
• Voters rank all the candidates (1-2-3)
• AKA Transferable Vote System

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Yellow Dog Democrat

• Staunch loyalist to Dem. Party.
• Term first occurred in 1928 elections, when Al
  Smith ran for President against Herbert Hoover.
• Southerners hated Hoover, popular saying, "I'd
  vote for a yellow dog if he ran on the Democratic
  ticket"

30
Blue Dog Democrats

• Fiscally conservative Democratic
• Blue Dog Coalition formed in 1995
• with goal of representing center of House
• of  Rep. and appealing to mainstream
• values of public. 
• Dedicated to set of beliefs that transcend
   partisan politics, including commitment to
  financial stability/ national security of US
• Currently 26 members  

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Blue Dog Districts
32
Electoral College

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

33
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.

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How We Elect A President...AKA The Electoral
College
35
How We Elect A President...AKA The Electoral
College
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How We Elect A President...AKA The Electoral
College
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How We Elect A President...AKA The Electoral
College
38
How We Elect A President...AKA The Electoral
College
39
How We Elect A President...AKA The Electoral
College
40
How We Elect A President...AKA The Electoral
College
41
How We Elect A President...AKA The Electoral
College
How We Elect A President...AKA The Electoral
College
42
How We Elect A President...AKA The Electoral
College
43
How We Elect A President...AKA The Electoral
College
44
How We Elect A President...AKA The Electoral
College
45
Electoral College Map (2000)
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Op-Chart How Much Is Your Vote Worth? This map
shows each state re-sized in proportion to the
relative influence of the individual voters who
live there. The numbers indicate the total
delegates to the Electoral College from each
state, and how many eligible voters a single
delegate from each state represents.
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Should We Change the Current Electoral System?

• Use Popular Vote Instead of E. College
• Alter Current System
• Divide electoral votes within states
• Use popular vote as secondary check
• Alternative Voting Systems
• Plurality voting system
• Hare System (Similar to Transferable Vote System
  but with different rounds)
• The Borda Count
• Sequential Pair-Wise Voting

49
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 (Similar to Transferable Vote
  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.

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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.

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A History of American Elections
52
From George Washingtons Farewell Address

• Warned about 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.

53
Thanks but NO THANKS George

• Political Parties immediately formed
• 1800
• Federalists v Anti-Federalists
• Big Government v Small Government
• Hamilton v Jefferson

54
4 instances where winner of popular vote didnt
get 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.

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

• 1800
• 1828
• 1860
• 1896
• 1932
• 1952
• 1960
• 1964
• 1968
• 1972
• 1976

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

• 1980
• 1984
• 1988
• 1992
• 1994
• 1996
• 2000
• 2004
• 2006
• 2008
• 2010

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Party Realignment/Critical Elections

• Occurs when new voting coalition appears in
  election year
• Often after long period of little party change
• 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)

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Election of 1800

• Thomas Jefferson (RD)
• (Republican Democrats)
• Jeffersonians- states rights
• John Adams (F)

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Election of 1828

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

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Election of 1860

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

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Election of 1896

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

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Election of 1932

• Franklin Delano Roosevelt (D)
• The powerful New Deal Coalition was born
• Labor Unions, farmers, Populists,
  African-Americans, Southern whites, and
  socially-conscious individuals
• Much of this coalition still votes for Democrats
  today
• Herbert Hoover (R)

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Election of 1948

• Harry S Truman (D)
• Unpopular yet politically savvy
• Thomas Dewey (R)

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Election of 1952

• Adlai Stevenson(D)
• Dwight D. Eisenhower (R)
• The first political commercial to air on
  television
• I Like Ike!!
• And the nation did, too!

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Election of 1956

• Adlai Stevenson(D)
• Dwight D. Eisenhower (R)
• His heart attack in the summer of 56 did not
  take away the support of the American people
• Bigger win than first time!

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Election of 1960

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

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Election of 1964

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

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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

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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

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Election of 1976

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

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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

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Election of 1984

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

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Election of 1988

• George H.W. Bush (R)
• Reagans VP
• Was able to use the Reagan successes to get
  elected
• Used negative ads to his advantage
• Michael Dukakis (D)
• Governor of MA
• Debate question and Tank commercial hurt image

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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
• Ross Perot (Reform)
• 19 of popular vote- WOW!!

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1992
92
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

93
1994 House Midterms
1-2 Democratic seat pickup 1-2 Republican seat
pickup  3-5 Republican seat pickup  6 Republican
seat pickup
94
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

95
1996
96
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

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The Butterfly Ballot
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The Hanging Chads from 2000
102
Election of 2004

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

103
2004 Election

• 286 Red -Bush/Cheney
• 251 Blue -Kerry/Edwards
• 1 Light blue -John Edwards.

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Election of 2006

• Midterm election
• Brought Democrats back to power in both Houses of
  Congress for 1st time in over 10 years
• War in Iraq was factor
• President Bushs unpopularity was also a factor

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Summary of the November 7, 2006 United States
House of Representatives election results
Party Party Seats Seats Seats Seats Popular Vote Popular Vote Popular Vote
Party Party 2004 2006 /-   Vote   /-
Democratic Party 202 233 31 53.6 42,082,311 52.0 5.4
Republican Party 232 202 -30 46.4 35,674,808 44.1 5.1
Independents 1 0 -1 0 220,842 0.3 -0.3
Others 0 0 0 0 2,997,576 3.6 0.0
Total Total 435 435 0 100.0 80,975,537 100.0 0
Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8  Voter turnout   36.8 
Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk Source Election Statistics - Office of the Clerk
108
Summary of the November 7, 2006 United States
Senate election results
Party1 Party1 Breakdown Breakdown Breakdown Seats Seats Seats Popular Vote Popular Vote
Party1 Party1 Up Elected Not Up 2004 2006 /- Vote  
  Democratic Party 17 22 27 44 49 5 33,929,202 53.91
  Republican Party 15 9 40 55 49 -6 26,674,169 42.38
  Independents 1 2 0 1 2 1 879,032 1.40
  Libertarian Party 0 0 0 0 0 0 614,629 0.98
Green Party 0 0 0 0 0 0 414,660 0.66
Others 0 0 0 0 0 0 141,074 0.22
Total Total 33 33 67 100 100 0 62,938,294 100
Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7  Voter turnout   29.7 
Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University Sources Dave Leip's Atlas of U.S. Elections, United States Elections Project at George Mason University
109
Election of 2008

• Barack Obama (Dem)
• Message of change resonated with voters
• Young people!
• John McCain (Rep)
• Too old??
• Not conservative enough for right wing
  Republicans and not liberal enough for Dems to
  cross over
• http//elections.nytimes.com/2008/results/presiden
  t/exit-polls.html

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2008
111
Sources Gallup, AP, WSJ.com research         NOTE
S Plotted points are the averages of all
approval polls taken by Gallup in each
three-month period of each presidency. The first
two points for Johnson and Ford are for polls
taken in their first two months. Key dates are
marked next to the poll results for the
three-month period in which they took place
112
Election of 2010

• Midterm election
• Brought Republicans back to power in Houses of
  Representatives since 2006
• Economy and recession major factors
• President Obamas unpopularity also factor

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Important Cases Concerning Elections

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

115
Reapportionment and Redistricting

• Reapportionment Seats in House reallocated after
  each census
• EX GA gained 2 seats after 2000 census
• States then redistrict seats according to pop.
  growth within state.
• Done by state legislatures

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Redistricting in Georgia After 2000 CensusFrom
11 Seats to 13 Seats
118
2012
2002
119
Supreme Court Rules for Redistricting and
Gerrymandering

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

120
Baker v Carr 1961

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

121
Baker v Carr 1961

• Conclusion
• Yes! Court held that no such questions were to be
  answered in case and legislative apportionment
  was justifiable issue.
• One man, one vote
• Justice Brennan provided past examples where
  Court intervened to correct constitutional
  violations in matters pertaining to state
  administration and officers through whom state
  affairs are conducted.
• Brennan concluded that 14th Amendment equal
  protection issues which Baker and others raised
  in this case merited judicial evaluation.

122
Shaw v. Reno- 1993

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

123
North Carolina District under scrutiny in Shaw v
Reno
124
Ruling and Importance

• Court said NO!
• Ruled although NCs reapportionment plan racially
  neutral on its face, resulting district shape
  bizarre enough to suggest it constituted an
  effort to separate voters into different
  districts based on race.
• Districts cannot be based on 1 factor alone- race
• Unusual district seemed to exceed what was
  reasonably necessary to avoid racial imbalances.
• Left door open for some instances in future.

125
Miller v Johnson 1995

• Facts of the Case
• 1980-1990 only 1 of GAs 10 congressional
  districts majority-black.
• 1990 census GAs black population of 27
  entitled blacks to additional 11th congressional
  seat, prompting GAs General Assembly to re-draw
  state's congressional districts.
• Assembly finally successful in creating
  additional majority-black district
• District called "geographic monstrosity,
  extended 6,784.2 square miles from Atlanta to
  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?

126
Example of Gerrymandering in Georgia 11th
District-1992 -Attempt to Create a Majority-
Minority District
127
Miller v Johnson 1995

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

128
Money and Politics
129
Federal Election Campaign Act of 1971 (FECA)

• Broad Comprehensive Change in Election Law
• Defined elections to include primaries, caucuses
  and conventions, general/special elections.
• Defined expenditures and contributions.
• Prohibited promises of patronage.
• Prohibited contracts between candidate and any
  Federal department or agency.
• Exempted from regulation contributions and
  expenditures for non-partisan or non-candidate
  based get out vote and voter registration drives
  by unions and corporations.

130
Federal Election Campaign Act of 1971 (FECA)
Continued

• Exempted from regulation contributions and
  expenditures for voluntary fundraising and
  administration by unions and corporations.
• Established caps on amount individuals could
  contribute to own campaign Presidential and Vice
  Presidential candidates, 50,000 each Senatorial
  candidates, 35,000 each and House candidates,
  25,000 each.
• Established caps on TV ads at 10 cents per voter
  in last election or 50,000, whichever was
  higher.
• Established disclosure guidelines for
  contributions of 100 or higher.
• Expenditure and contribution reports made due by
  March 10 of each year.

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Amendments to the FECA (1974)

• After Watergate, distrust of public officials was
  at peak.
• Reformers in Congress pushed for campaign finance
  reform.
• 1974 Amendments to FECA passed quickly, signed by
  Ford.
• Legitimated Political Action Committees, changed
  contribution limits, and established Federal
  Election Commission (FEC).

132
Amendments to the FECA (1974) Continued

• Public Funding for Presidential Races
• Defined "major party" as 1 received at least 25
  of vote in last federal election.
• Set up system where private gifts to presidential
  candidate would be matched by funds raised
  through Long Act.
• Disclosure and Enforcement
• 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.
• Gave FEC power of advisory opinions.
• Required full reports of contributions and
  expenditures to be filed 10 days before and 30
  days after each election.
• Required candidates to set up 1 campaign banking
  headquarters for easy research and
  accountability.

133
Creation of the FEC

• 1975 Congress created Federal Election
  Commission (FEC) to administer/enforce FECA -
  statute that governs financing of federal
  elections.
• Duties of FEC
• Disclose campaign finance info, enforce law
  (limits/prohibitions on contributions), oversee
  public funding of Pres. elections.

134
Buckley v Valeo (1976)

• Facts
• Issue of campaign contributions came under
  scrutiny after Watergate
• FEC set guidelines and limits on money given to
  campaigns
• Was this constitutional??
• Court had to decide whether or not you can be
  limited by amount you can spend on your OWN
  personal campaign
• Was this constitutional??

135
Importance

• Yes!
• Case upheld limits on campaign spending set by
  FEC
• Today it is 2500 per election per candidate
• No!
• Spending own money on campaign was found to be
  free speech right.
• Mitt Romney, Ross Perot, and other wealthy
  Americans have taken advantage of personal wealth
  in quest for office.

136
Hard Money/Individual Contributions

• Given directly to candidates Limited by law
• Individual Limits
• (FEC) limits individuals to contributions of
  2,500 per election, per candidate
• Could contribute 2,500 in primary and another
  2,500 in general election
• 30,400 to party committees
• 10,000 to state, district, and local party
• 115,000 TOTAL every 2 years

137
Soft Money /Individual Contributions

• Contributed to political parties with no limits
  or rules
• Contributed to campaigns but NOT directly from
  donor
• Banned by BCRA due to abuses by parties
• Soft money raised and spent outside of federal
  election guidelines before BCRA.

138
Bipartisan Campaign Reform Act

• Passed in 2002
• AKA McCain-Feingold Act
• Banned national political party committees from
  accepting/ spending soft money contributions
• Original intent lost in loopholes
• Other parts declared unconstitutional by Supreme
  Ct. in Citizens United v FEC

139
527s

• Groups that developed from loopholes in
  McCain-Feingold Act
• Many run by special interest groups, used to
  raise unlimited amounts of to spend on issue
  advocacy and voter mobilization.
• Dont give money to any particular
  campaign/candidate
• NOT regulated by FEC

140
The 527 Loophole

• Form of soft money used to pay for 527 ads that
  dont expressly advocate election/defeat of
  particular candidate.
• Cant use words "vote for", "elect", "vote
  against these ads cant be paid for with
  unregulated soft money.
• Many argue that huge infusion of unregulated soft
  money has destroyed the federal campaign laws.

141
Swiftboating

• May 5, 2004 RNC accused MoveOn.org and others
  527s of coordinating efforts with Kerry campaign
• http//www.moveon.org/
• Aug. 20, 2004 Kerry campaign accused Swift Boat
  Veterans for Truth of coordinating efforts with
  Bush campaign
• http//www.livingroomcandidate.org/commercials/200
  4/any-questions/

142
Political Action Committees (PACs)

• Private groups organized to elect/defeat
  government officials, promote legislation
• Must register 6 months in advance, have at least
  50 contributors, and give to at least 5
  candidates.
• Over 4,000 PACs registered with FEC
• PACs may donate
• 5,000 per candidate, per election
• 15,000 to national party chairman
• 5000 to local, state, and district committees
• 5000 to other PACs

143
Money from PACS

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

144
Money Limits and Money Needs

• Individuals can give up to 2500 to candidate per
  election cycle but PACS can give 5,000 to
  candidate
• Fed. money will match money raised for
  presidential campaigns if legitimate candidate
  requests it but.
• Parties need at least 5 of vote in previous year
  for presidential candidate to receive funds
• If that doesnt happen you need PACs!!!

145
Top PACs in 2009-10
PAC Name Total Amount Dem Pct Repub Pct
Honeywell International 2,760,600 55 45
ATT Inc 2,597,375 50 50
Intl Brotherhood of Electrical Workers 2,561,123 98 2
National Beer Wholesalers Assn 2,244,500 56 44
American Assn for Justice 2,202,500 97 3
Operating Engineers Union 2,109,300 89 11
American Bankers Assn 1,981,430 39 61
American Fedn of St/Cnty/Munic Employees 1,869,500 100 0
International Assn of Fire Fighters 1,843,500 83 17
National Assn of Realtors 1,818,298 58 41
Boeing Co 1,765,000 59 41
Teamsters Union 1,732,910 98 2
American Crystal Sugar 1,729,500 68 32
American Federation of Teachers 1,682,250 100 0
Laborers Union 1,670,000 96 4
Lockheed Martin 1,657,950 58 42
Machinists/Aerospace Workers Union 1,646,500 98 2
Credit Union National Assn 1,598,446 58 42
National Air Traffic Controllers Assn 1,594,900 83 17
Plumbers/Pipefitters Union 1,554,075 96 3
146
Citizens United v FEC (2010)

• Facts of Case
• Citizens United sought injunction against FEC to
  prevent application of BCRA to its film Hillary
  The Movie.
• Movie expressed opinions about whether Senator
  Hilary Rodham Clinton would make good president.
• In attempt to regulate "big money" campaign
  contributions, BCRA applied variety of
  restrictions to "electioneering communications.
• BCRA (McCain-Feingold Act) prevents
  corporations/labor unions from funding such
  communication from general funds and require
  disclosure of donors disclaimer when
  communication not authorized by candidate it
  intends to support.
• Citizens United argued its 1st Amendment rights
  violated.

147
Importance

• Rules Left in Place
• Court further held that BCRA's disclosure
  requirements as applied to The Movie were
  constitutional.
• Held that political speech may be banned based on
  speaker's corporate identity.
• Reasoned revealing identity of ads sponsor
  justified by "governmental interest" in providing
  "electorate with information" about
  election-related spending resources.
• Rules that were Changed
• Government may not limit corporate independent
  expenditures.
• 1st Amendment doesnt allow government to impose
  restrictions on certain corporations/labor
  unions.
• Political speech "indispensable" to democracy,
  which is no less true because speech comes from
  corporation.

148
Super PACs

• New kind of political action committee created in
  July 2010 following of Citizens United
• Known as independent expenditure-only committees

http//www.colbertnation.com/the-colbert-report-vi
deos/382014/april-14-2011/colbert-super-pac---trev
or-potter
149
Super PACs

• May raise unlimited sums of money from
• Corporations
• Unions
• Associations and individuals
• Spend unlimited sums to overtly advocate for or
  against political candidates.
• Unlike traditional PACs, Super PACs prohibited
  from donating money directly to political
  candidates.
• Super PACs must report donors to FEC on
  monthly/quarterly basis -- Super PAC's choice --
  as traditional PAC would

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