Party Law & the Public Finance of Elections

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

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!

Academic Exchanges The Department of Political Science has academic exchanges with the University of Limerick or the University of Uppsala (Sweden) The Department of Political Science has academic exchanges with the University of Limerick or the University of Uppsala (Sweden) How it works: How it works: You spend one semester at the host university You spend one semester at the host university You pay MUN tuition You pay MUN tuition You transfer the credits back to MUN You transfer the credits back to MUN When? When? fall or winter, fall or winter, Who should go? Who should go? POSC students in their 3 rd year or beyond POSC students in their 3 rd year or beyond Students with an average of B or better Students with an average of B or better How? How? Talk to Dr. Wolinetz, Dr. Croci or Jeff Loder Talk to Dr. Wolinetz, Dr. Croci or Jeff Loder Apply by April 8 th Apply by April 8 th Applications available in POSC Dept. Office Applications available in POSC Dept. Office

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?

Forms of public support Funds for research bureaus or thinktanks Funds for research bureaus or thinktanks Legislative staff Legislative staff Funding election expenses Funding election expenses Funding parties’ operating expenses Funding parties’ operating expenses Either directly Either directlyOR Indirectly: legislative staff double as party staff Indirectly: legislative staff double as party staff In some instances, they may be the party In some instances, they may be the party

Rationale(s) given Parties serve important public functions & therefore deserve public support Parties serve important public functions & therefore deserve public support Parties need public support Parties need public support Declining memberships Declining memberships They can’t raise sufficient money on their own They can’t raise sufficient money on their own Therefore they vote themselves public support Therefore they vote themselves public support Providing public support Providing public support Prevents vote-buying Prevents vote-buying Levels playing-fields Levels playing-fields reduces the influence of organized interests reduces the influence of organized interests

Opposing arguments Do parties serve important public functions? Do parties serve important public functions? If party members won’t support their parties, why should the public do so? If party members won’t support their parties, why should the public do so? Should interest groups be excluded? Should interest groups be excluded? On what basis should public finance be given? On what basis should public finance be given? Equal shares? Equal shares? Votes won in previous elections? Votes won in previous elections? Does this exclude newcomers? Does this exclude newcomers?

Limiting election expenditures Is the problem to ensure parties have enough money? Is the problem to ensure parties have enough money? Or is it ensuring they don’t spend too much? Or is it ensuring they don’t spend too much? Limiting expenditures is supposed to Limiting expenditures is supposed to Prevent vote-buying Prevent vote-buying Level playing-fields Level playing-fields Reduce the influence of organized interests Reduce the influence of organized interests

US election finance regime Equal support for presidential candidates Equal support for presidential candidates But limits on what they can spend in primaries and general election But limits on what they can spend in primaries and general election

Canada Tax credit since 1974 Tax credit since 1974 $1.75 per vote $1.75 per vote Limits on personal & corporate donations Limits on personal & corporate donations C24 (2004) C24 (2004) $5000 $5000 Also mandates separation of Federal & Provincial accounts Also mandates separation of Federal & Provincial accounts Harper’s variant Harper’s variant $1000 $1000 Attempt to eliminate $1.75/vote Attempt to eliminate $1.75/vote

Election finance regimes Characteristics Characteristics Limits on size of individual and corporate (or group) contributions Limits on size of individual and corporate (or group) contributions Public reporting of donations Public reporting of donations Attempts to exclude or limit ‘independent’ expenditures or speech Attempts to exclude or limit ‘independent’ expenditures or speech In US & Canada struck down by courts In US & Canada struck down by courts US: BCRA limits independent expenditures US: BCRA limits independent expenditures Possible to speak in campaigns Possible to speak in campaigns But not run parallel or surrogate campaign But not run parallel or surrogate campaign Extensive involvement of advocacy groups Extensive involvement of advocacy groups Use of ‘527 organizations’ for soft expenditures Use of ‘527 organizations’ for soft expenditures

Issues and problems: Does public financing turn parties into Does public financing turn parties into Public utilities regulated by the state? Public utilities regulated by the state? Part of the state – or services provided by it? Part of the state – or services provided by it? Does public financing exclude newcomers? Does public financing exclude newcomers? On what bases might newcomers be supported? On what bases might newcomers be supported? Deposits v. public support Deposits v. public support

Bottom line 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?