Voting, campaigns, and elections Chapter 5

Learning Objectives Explain why voting is important to a democratic society. Discuss types of campaign resources, efforts to restrict the power of money in campaigns and the issue of negative campaigning. Describe the types of public elections held in Texas. Describe voting trends in Texas during the last two decades and explain the significance.

Democratic Government Most basic element—the people voting for elected representatives Ideal—candidates debate policy; voters decide based on that debate “Bad” democracies - candidates debate trivia, pay attention to special interests. Discussion: Is Texas close to or far from the democratic ideal of campaigns and elections?

Why Vote? Civic duty Voters elect candidates Despite the fact one vote rarely matters Voters elect candidates Candidates must remember that each individual voter has his or her own motivations, ideology, and hopes for the future.

Why Vote? Voting provides gov’t legitimacy Voting decreases alienation Voting affects public policy Voting helps prevent corruption Although one vote almost never matters, democracy depends upon each citizen acting as if it does

Suffrage The expansion of the right to vote has been one of the most important historical develop­ments in Ameri­can politics.

Suffrage At time of U.S. Constitution, suffrage determined by states restrictions on suffrage were widespread generally limited to adult white male property owners who professed a certain religious belief about five percent of the almost 4 million people counted in the national census in 1790 were eligible to vote.

Suffrage Since the beginning of the 19th century, restric­tions on voting have been gradually removed. Church membership and property ownership removed as quali­fi­ca­­tions for voting in the 1820s and 1830s. 15th Amendment (1970): Right to vote no longer denied on basis of race, color, or previous condition of servitude

Suffrage 19th Amendment (1920): women could vote 26th Amendment (1971): lowered voting age to 18 Voting Rights Act

Suffrage Several things stand out in the history of the evolu­tion of voting. voting rights have been substantially na­tionalized states, when enacting voting laws, must now stay within guidelines established by the U.S. Constitu­tion, Congress, and the Supreme Court.

Suffrage Southern states, including Texas, attempted to evade and obstruct the post-Civil War amendments and, later, the Voting Rights Act, resulting in lower voting turnouts in the South than in the North. The federal government gradually defeated these antidemocratic schemes so that by the mid 1970s all adult Ameri­cans had the legal right to vote.

Registration Rules established to distinguish qualified voters from ineligible Former Confederate states enacted laws to limit registration and voting Literacy tests, etc. 24th Amendment outlawed poll tax

VOTING RIGHTS ACT ENACTED IN 1965 SUBSTANTIALLY WEAKENED BY 2014 SUPREME COURT DECISION

Registration In 1971, the Texas legislature passed a new law making registration much easier. Voters may register in person or by mail. Registration remains in effect as long as the voter remains qualified with a new registration card issued every two years.

Registration To vote in Texas, one must be all of the follow­ing: Voters may register at any time and vote in any election, provided they are registered 30 days before the election. To vote in Texas, one must be all of the follow­ing: A U.S. citizen at least 18 years of age by election day. A resident of the state and county for the 30 days immediately preceding election day.

Registration A resident of the election precinct on election day. Registered to vote at least 30 days before election day. Not be a convicted felon or, if convicted, have finished serving one's sentence

Anti-Fraud or Anti-Democrat Voter ID laws proposed in several sessions Passed in 2011 Discussion: how might voter ID bills be intended to weaken the Democratic Party in Texas?

Texas Turnout Voter turnout in Texas significantly below national average since 1970s In the thirty years since the current registration law went into effect, an average of 47.3 percent of eligible Texans turned out for presidential elections and 30.8 percent turned out for off-year congressio­nal elections.

Table 5-1 Percentage of Voting-Age Population Voting in National Elections, 1972–2010

Why don’t Texans vote? Texas is a poor state 17%+ in poverty poor and less educated tend not to vote Minorities tend to vote at lower rates than Anglos Political Culture Discussion: how does Texas’s political culture contribute to low voter turnout?

Table 5-2 Self-Reported Voter Turnout, 2004, 2006, 2008

The Consequences of Nonvoting Because minority citizens tend to be more liberal than Anglos, their low voter turnout rates con­tribute to the conservative character of public policy in Texas. Democrats, especially those in the liberal wing of the party, are the ones who suffer most from low voter turnout among minorities.

The Consequences of Nonvoting Disparities in ethnic voter turnout rates compels a modification in the portrait of the state undergoing a realignment from a normal Democratic majority to a Republican majority.

The Consequences of Nonvoting The realignment scenario depends on a continuation of ethnic differences in turnout. Republicans will continue to dominate Texas as long as its minority citizens continue to stay away from the voting booths.

Participation is Easy Student voting turnout generally low Request a registration form from the Texas Secretary of State’s office http://www.sos.state.tx.us Polling places generally listed in newspapers before election day

Table 5-3 White and African-American Public Opinion, 2009–2010

Table 5-4 Anglo and Hispanic Public Opinion, 2009–2010

Election Campaign Resources People: The two resources all candidates need during their campaigns are people and money. Both professionals and volunteers Professionals plan, organize, and manage the cam­paign, write the speeches, and raise the money. Volunteers distribute literature, register and canvass voters, and get supporters to the polls on election day.

Election Campaign Resources Money: Money is the most important campaign resource, except in municipal elections where volunteers are most important. Politicians need money to publicize their candidacies, especially over television.

Election Campaign Resources Except at the Presidential level, the United States is one of the few democracies in the world that does not have publicly funded cam­paigns.

Election Campaign Resources While the candidate with the most money does not always win---Tony Sanchez outspent Rick Perry more than two to one---the candidate who spends the most money wins most of the time and the more money they spend the more votes they tend to receive.

Table 5-5 Television Advertising Costs In Selected Texas Cities, 2011

Where Does the Money Come From? Most campaign funds come from wealthy donors who represent some sort of special interest Private funding of campaigns skews public policy in favor of special interests.

Where Does the Money Come From? In 2006, 140 Texans contributed more than $100,000 each to candidates for governor The unequal distribution of wealth in society gives a very few citizens access to a very large political resource and thus seems dangerous to democratic government.

Regulation of Campaign Finance Several federal and state laws have been passed in the past 25 years to control campaign financing, yet wealthy individuals are still able to purchase more political influence than their fellow citizens.

Regulation of Campaign Finance The Revenue Act of 1971 provides for the partial public funding of presiden­tial campaigns through an income tax checkoff. The Federal Election Campaign Act of 1972 effected several reforms pertaining to campaigns for federal offices.

Regulation of Campaign Finance The Revenue Act of 1971 provides for the partial public funding of presiden­tial campaigns through an income tax checkoff. The Federal Election Campaign Act of 1972 effected several reforms pertaining to campaigns for federal offices.

Federal Election Campaign Act established the Federal Elections Commission. requires candidates to report their contri­bu­tions and expenses. limits individual contributions to $1,000 in each primary or general election and a maximum of $25,000 in a given year. It limits group contributions to $5,000 per candi­date.

Federal Election Campaign Act Limits on contributions have been adjusted for inflation. As of 2014 the individual limit is $2,600 per primary or general election campaign.   HOWEVER, the annual maximum was abolished by the Supreme Court in the case titled McCutcheon v. FEC. Now, donors can give to as many candidates and committees as they want -- though they still need to abide by the per-candidate, per-PAC and per-party committee limits -- without bumping into an overall cap.

Regulation of Campaign Finance There is some, but limited, regulation of the influence of money in Texas political campaigns.

Regulation of Campaign Finance The Texas Campaign Reporting and Disclosure Act of 1973 out­lines procedures for campaign reporting and disclosure. The Ethics Law of 1991 created an Ethics Commission with au­thority to hold hearings on public complaints, levy fines, and report violations to the Travis County D. A.

Regulation of Campaign Finance The Ethics Law of 1991 created an Ethics Commission with au­thority to hold hearings on public complaints, levy fines, and report violations to the Travis County D. A. The law fails to limit campaign contribu­tions and its enforcement provisions are difficult to implement.

Regulation of Campaign Finance Hard v. Soft Buckley v. Valeo limits on the amount of money a candidate could contribute to his or her own campaign violates the First Amendment's free speech guarantee. decision also allows political action commit­tees (PACs) to contribute unlimited amounts for "party building" at the state and local levels.

Negative Campaigning Corrosive effect on democracy Elections affected by inaccurate or irrelevant charges Limits discussion on public policy Dissuades candidates—may choose not to run to avoid being a target Disheartens citizens—may choose not to vote

Public Elections Primaries—nominate party candidates for general election 2nd Tuesday in March in even-numbered years Political parties that received more than 20% of vote in most recent governor’s election must participate Candidates must win by majority vote

Types of Primary Elections Blanket Primary Open Primary Closed Primary In Texas, voters may participate in either primary Once you have voted, you can only participate in that party’s runoff election and convention

Primary Elections In non-presidential years, Texas may hold primary in May Primary elections administered by the parties in cooperation with county officials Primary expense paid for by filing fees and the state

General Elections Held in Nov. of even-numbered years on the Tuesday after the first Monday Governors elected in “off year” Responsibility of state Secretary of State—main election officer Counties – handle election process

Ballots Primary winners automatically on ballot Independent candidates, new parties Must present petitions with signatures of qualified voters Discussion: should it be easier to get on the ballot? Ballot style—determined by counties

Other Election Types Mayors and city councils Special elections nonpartisan Special elections To fill vacant positions Votes on constitutional amendments Absentee or early voting

Electronic Voting Some counties began using eSlate technology in 2002 Elections in 2002 and 2004—glitches and mistakes, as well as charges of vote tampering Some researchers concerned with fraud potential, No physical ballot produced

Recent Elections in Texas 1994 elections—political realignment favoring Republicans Most significant gains in judiciary Republicans have won all statewide elections since 1994 Governor’s election in 2002 one of sleaziest on record

Election of 2006 Nationally—“throw the Republican rascals out” election Texas—did elect Republicans to all statewide offices Some Democratic gains at local level Negative and misleading campaigning continued

Election of 2008 Nationally—return to power for Democrats Texas—Republicans continued as majority party Some Democratic increases in judiciary, state House of Representatives, local level

Election of 2010 Nationally—gains for Republicans U.S. & Texas House of Representatives Texas—re-election of Governor Rick Perry, gains in Texas House Discussion: what role did national politics and policy play in Texas elections? What role did voter turnout play?