C HAPTER S EVEN The Electoral Process

T HE N OMINATING P ROCESS Process of candidate selection; naming those who will seek office Those who make nominations place limits on choices that voters can make in an election Ways in which nominations are made: 1. Self-Announcement 2. The Caucus: group of like-minded people who meet to select the candidates they will support in upcoming election; used more often at local level 3. The Convention: different levels of delegate selection; corruption over time 4. Petition: used mostly at local level; some states use for minor/third party candidates

5. T HE D IRECT P RIMARY An intra-party election – held within a party to pick party’s candidates for general election Closed primary: only declared party members can vote Open primary: any qualified voter can cast a ballot Runoff primary: ten states require absolute majority (rather than plurality) to carry primary; if no one wins, runoff primary between top two vote- getters Nonpartisan primary Presidential primary: choice of delegates or candidate preference

A DMINISTRATION OF E LECTIONS Extent of federal control Congress has the power to fix “[t]he Times, Places, and Manners of holding Elections” of members of Congress As well as power to choose presidential electors, set date for casting electoral votes, regulate other aspects of presidential election process Secret ballots and voting machines in federal elections Protect the right to vote: Help America Vote Act 2002 Date set to avoid Sundays and first day of the month – “Tuesday after the first Monday” Early and absentee voting Coattail Effect

P RECINCTS, P OLLING P LACES, C ASTING THE B ALLOT Precinct: voting district Polling place: place where the voters who live in a precinct actually vote Ballot: device by which voter registers a choice in an election Australian Office-Group Party-Column Sample Bedsheet Automated voting Lever Electronic Data Processing Vote-by-mail Online voting

ISSUES RAISED BY CAMPAIGN SPENDING See table on page 197 – what factors may account for the rise in per voter spending over the years? Reasons for increase: Radio and television time Professional campaign managers and consultants Newspaper advertisements Pamphlets Buttons Posters and bumper stickers Office rent Polls Data processing Mass mailings Web sites Travel Amount spent on races depends on: office involved, incumbent, opposition, availability of campaign funds

S OURCES OF FUNDING Major source of funds Small contributors Only about 10% people of voting age ever make contributions Wealthy individuals and families Candidates Various non-party groups (PACS) Temporary organizations: formed for immediate purpose of campaign (fundraising) Candidates can also choose to receive public financing Subsidy: grant of money, usually from government (federal state treasuries) Public funding has been most important at presidential level Preconvention campaign National conventions Presidential election Requires matching funds, eligibility and limitations PRIVATEPUBLIC

F EDERAL ELECTION COMMISSION Administers all federal law dealing with campaign finance Created by Congress 1974 – independent agency in executive branch; 6 members appointed by President with Senate confirmation Finance laws are strongly worded and detailed but they are not very well enforced Underfunded and understaffed Areas of concern: Require timely disclosure of finance data Place limits on campaign contributions Place limits on campaign expenditures Provide public funding for several parts of presidential election process

P OLITICAL A CTION C OMMITTEES Neither corporations nor labor unions can contribute to candidate running for federal office – political action committees can Types of PACS Political arms of special interest groups “unconnected committees” Contributions from members or from public “bundle” Limitations

L IMITS ON E XPENDITURES Buckley v. Valeo, 1976 Court struck down limits by FECA amendments of 1974 based on guarantees of freedom of expression Threw out: Limitations on expenditures by candidates running for House and Senate Limitations how much of own money can spend No person or group could spend more than $1000 on behalf of federal candidate without permission Hard vs. Soft Money contributions BCRA 2002