Party Law Origins & impact

Terms of (dis)Union Confederation 60 Years On Wednesday, April 1, 7:30-9:30pm Inco Lecture Theatre – room IIC-2001 (All Welcome – free parking in lot 18) Panel Discussants Terry Bishop-Stirling, History Christopher Dunn, Political Science Jim Feehan, Economics Russell Wangersky, The Telegram Jeff Webb, History Moderator Doug Letto, CBC TV

Final exam Friday, April 17 th Friday, April 17 th 9-11:00 p.m. 9-11:00 p.m. Location: SN2036 Location: SN2036 Format: Format: Essay Essay Some shorter response Some shorter response Exam will cover the entire course Exam will cover the entire course Further information Thursday & next Tuesday Further information Thursday & next Tuesday

Reprieve Research papers now due Tuesday, April 7 th (nb. This is a firm deadline) Research papers now due Tuesday, April 7 th (nb. This is a firm deadline) Remember that a good paper has an introduction and a conclusion and carries the argument through Remember that a good paper has an introduction and a conclusion and carries the argument through You may use subsections and subheads You may use subsections and subheads Be sure to document sources you use Be sure to document sources you use You can use any consistent form of documentation You can use any consistent form of documentation Be shure to PRUFREAD! Be shure to PRUFREAD!

New Political Science Curriculum Information Meeting 1:00-1:50pm Wednesday, April 1 Room SN-2105 For returning Political Science Honours, Majors and Minors Topics Course renumbering New courses New requirements New prerequisite policy "Grandfathered" status Sample course patterns Questions and answers

Party Law: In simplest terms, law or laws regulating political parties In simplest terms, law or laws regulating political parties Variants: Variants: Electoral law Electoral law Parliamentary rules and regulations Parliamentary rules and regulations Under what circumstances can MPs or Deputies form a parliamentary party group (PPG)? Under what circumstances can MPs or Deputies form a parliamentary party group (PPG)? Election finance laws Election finance laws Laws on association & incorporation Laws on association & incorporation Party law its purest form: Party law its purest form: Laws on party formation Laws on party formation Laws regulating the activities of political parties Laws regulating the activities of political parties Laws specifying circumstances under which parties can be banned Laws specifying circumstances under which parties can be banned

Origins Laws on association Laws on association Continental Europe/France Continental Europe/France Common Law countries + others) Laws on Common Law countries + others) Laws on Incorporation Incorporation Charities Charities

Origins of party law U.S. 1870s: introduction of 1870s: introduction of state-supplied ballots state-supplied ballots secret ballot (Australian ballot) secret ballot (Australian ballot) Direct primaries Direct primaries Introduced in early 1900s (Progressive Era) in ~ 1/3 of the states Introduced in early 1900s (Progressive Era) in ~ 1/3 of the states Number expanded: late 1960s, early 1970s (McGovern-Fraser reforms) Number expanded: late 1960s, early 1970s (McGovern-Fraser reforms) Federal Republic of Germany Article 21 of the Basic Law Article 21 of the Basic Law Law on Political Parties, 1967 Law on Political Parties, 1967

The American Direct Primary In many states In many states regulates the selection of nominees in direct primary elections regulates the selection of nominees in direct primary elections regulates the election of party officials in direct primaries regulates the election of party officials in direct primaries Impetus: two arguments Impetus: two arguments Standard: Progressives attacks on machine- controlled parties Standard: Progressives attacks on machine- controlled parties Alan Ware, The American Direct Primary: Entrepreneurial governors and mayors champion direct primaries (and earlier Australian ballot) Alan Ware, The American Direct Primary: Entrepreneurial governors and mayors champion direct primaries (and earlier Australian ballot)

Impact of primary laws: States where party organizations were strong (east & urban midwest): States where party organizations were strong (east & urban midwest): Primary law written in ways which allow parties to retain their grip Primary law written in ways which allow parties to retain their grip States where party organization was weak (South, West, rural Midwest) States where party organization was weak (South, West, rural Midwest) Primary laws discourage the formation of stronger state party organizations Primary laws discourage the formation of stronger state party organizations Primaries provide the only form of competition in the Solid South (Solidly Democratic through 1960s) Primaries provide the only form of competition in the Solid South (Solidly Democratic through 1960s)

McGovern-Fraser Reforms Mandate delegate selection for Democratic Party in either open conventions or direct primaries Mandate delegate selection for Democratic Party in either open conventions or direct primaries Adopted by Democratic National Convention Adopted by Democratic National Convention Adopted by state legislatures controlled by Democrats Adopted by state legislatures controlled by Democrats Affect both Democrats & Republicans Impact: Impact: Old-style party organization, controlled by regulars, disappears Old-style party organization, controlled by regulars, disappears Replaced by Replaced by Candidate-centred politics? Candidate-centred politics?OR Self-coordinating teams of people, working together to elect candidates? Self-coordinating teams of people, working together to elect candidates?

The Federal Republic of Germany (FRG) Article 21 of the Basic Law Article 21 of the Basic Law Parties must contribute to the formation of democratic will Parties must contribute to the formation of democratic will Provides basis for banning parties which do not Provides basis for banning parties which do not Provides basis for laws on parties Provides basis for laws on parties 1967 Law on Political Parties 1967 Law on Political Parties Specifies that parties must be internally democratic Specifies that parties must be internally democratic

Expanding domain of party law Newer democracies: faced with choices about Newer democracies: faced with choices about Who can participate Who can participate kinds of parties & party systems they want kinds of parties & party systems they want Conditions under which parties can receive public subsidies Conditions under which parties can receive public subsidies

Older democracies Parties typically regulated under ordinary law Parties typically regulated under ordinary law Laws on associations… Laws on associations… Broadcasting > questions on access, equal time… Broadcasting > questions on access, equal time… Extension of public financing > questions about Extension of public financing > questions about who deserves financing ? who deserves financing ? under what circumstances should it be made available? under what circumstances should it be made available? For what purposes can it be used? For what purposes can it be used? Also: third party or independent speech & expenditures: Also: third party or independent speech & expenditures: Who is allowed to speak during election campaigns Who is allowed to speak during election campaigns Are organized interests – advocacy groups – allowed to make independent expenditures? Are organized interests – advocacy groups – allowed to make independent expenditures?

Issues Are parties private associations, free to organize as they please? Are parties private associations, free to organize as they please? Or are they public associations – providers of important public good? Or are they public associations – providers of important public good? And, if the latter And, if the latter Should they be regulated? Should they be regulated? Can they be regulated successfully? Can they be regulated successfully?