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Campaign Finance Federal Election Campaign Act Buckley v. Valeo

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Presentation on theme: "Campaign Finance Federal Election Campaign Act Buckley v. Valeo"— Presentation transcript:

1 Campaign Finance Federal Election Campaign Act Buckley v. Valeo
Bipartisan Campaign Reform Act McConnell v. FEC Money is the mother’s milk of politics. — Jesse Unruh, Speaker, California House of Representatives

2 Illinois 8th District Year Candidate Receipts PAC Contributions % 2008
R: Greenberg D: Bean $940,000 $3.0 mil $110,000 $1.65 mil 12% 55% 2006 R: McSweeney D: Bean $5.1 mil $4.3 mil $460,000 $1.5 mil 9% 35% 2004 R: Crane $1.6 mil $1.2 mil $491,000 73% 31% 2002 $695,000 $329,000 $550,000 $107,000 79% 32% 2000 D: Pressl $1.1 mil $285,000 $680,000 $46,000 64% 16%

3 House Campaign Expenses

4 Senate Campaign Expenses

5 Hard Money v Soft Money Hard Money: Political contributions given to a party, candidate, or interest group that are limited in amount and fully disclosed. Soft Money: Funds obtained by political parties that are spent on party activities, such as get out the vote drives, not on behalf of a specific candidate.

6 Federal Election Campaign Act of 1971
Contribution Limits: By PACs, individuals, parties From candidates to own campaigns

7 FECA: Contribution Limits
Recipients Donors Candidate PAC Party TOTAL Individual $1,000 $5,000 $20,000 $25,000 MC PAC $15,000 NL NA

8 Federal Election Campaign Act of 1971
Contribution Limits: By PACs, individuals, parties From candidates to own campaigns Expenditure Limits: Candidates Groups independent of candidates Limits spending by candidates for presidential nominations (on a state-by-state basis and in total) and in the presidential general elections for those candidates who accept public funding.

9 Federal Election Campaign Act of 1971
Contribution Limits: By PACs, individuals, parties From candidates to own campaigns Expenditure Limits: Candidates Groups independent of candidates Public Funding: Presidential primary candidates Presidential election candidates Provides for public financing of presidential general election campaigns with funds from the income tax check-off. Provides for partial public financing on a matching basis of presidential nominating campaigns. Candidates must raise $5,000 in 20 states. Provides for subsidies to the two national parties for their convention expenses and to any minor party that polled 5% of the total vote in the previous presidential election.

10 FECA: Public Funding 1976 1980 1984 1988 1992 1996 2000 2004 Public Funds 23.7 29.6 35.4 65.4 38.8 56.3 55.8 26.5 Camp. Costs 66.8 127.8 135.7 208.6 117.0 233.1 328.6 599.6 % 35.5 23.2 26.1 31.4 33.2 24.2 17.0 4.4

11 Federal Election Campaign Act of 1971
Contribution Limits: By PACs, individuals, parties From candidates to own campaigns Expenditure Limits: Candidates Groups independent of candidates Public Funding: Presidential primary candidates Presidential election candidates Disclosure and Enforcement: FEC Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

12 Buckley v. Valeo (1976) Before After Contribution Limits:
By PACs, individuals, parties From candidates to own campaigns Expenditure Limits: Candidates Groups independent of candidates Public Funding: Presidential primary candidates Presidential election candidates Disclosure and Enforcement: FEC

13 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

14 BCRA: Per Candidate Contribution Limits
Recipients Donors Candidate PAC Party TOTAL Individual $2,000 $5,000 $25,000 $95,000 MC PAC $15,000 NL NA INFLATION

15 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

16 Soft Money Contributions (in millions), 1992-2002

17 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

18 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

19 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Prohibited corporations and unions from using soft money for electioneering communications Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

20 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Prohibited corporations and unions from using soft money for electioneering communications Required disclosure of electioneering communications Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

21 Electioneering Communications
Broadcast, cable or satellite communication; That refers to a clearly identified federal candidate; Is publicly distributed by a television station, radio station, cable television system or satellite system for a fee; and Is distributed within 60 days prior to a general election or 30 days prior to a primary election to federal office. Sponsor: Kentucky Democratic Party Ad Frequency: 663 times between October 22 and November 3, 1998 ANNOUNCER: If Congressman Bunning gets his way, everything from milk to medicine would cost 30% more. Last week Jim Bunning said quote, "We ought to have a national sales tax." That's right, Bunning would create a whole new federal tax. Bunning wants to raise our taxes, but voted for a tax loophole that has let billionaires renounce their citizenship to avoid paying U.S. taxes. Tell Bunning, no loophole for billionaires, no new sales tax for working people.

22 Electioneering Communications
Sponsor: Kentucky Democratic Party Ad Frequency: 663 times between October 22 and November 3, 1998 ANNOUNCER: If Congressman Bunning gets his way, everything from milk to medicine would cost 30% more. Last week Jim Bunning said quote, "We ought to have a national sales tax." That's right, Bunning would create a whole new federal tax. Bunning wants to raise our taxes, but voted for a tax loophole that has let billionaires renounce their citizenship to avoid paying U.S. taxes. Tell Bunning, no loophole for billionaires, no new sales tax for working people.

23 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Prohibited corporations and unions from using soft money for electioneering communications Required disclosure of electioneering communications Required political parties to choose between making coordinated expenditures OR independent expenditures, but not both Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

24 Bipartisan Campaign Reform Act of 2002
Increased contribution limits Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Prohibited corporations and unions from using soft money for electioneering communications Required disclosure of electioneering communications Required political parties to choose between making coordinated expenditures OR independent expenditures, but not both Prohibited minors from contributing Candidates must file periodic reports with the Federal Election Commission, which are available to the general public and to the news media (see or Establishes a Federal Election Commission appointed by the president with the advice and consent of the Senate to regulate the campaign financing of candidates for president, senator, and representative. “Follow the money trail.” — Deep Throat

25 McConnell v. FEC (2003) Before After Increased contribution limits
Prohibited national parties from raising or spending soft money Required state and local parties to pay for federal elections with hard money Prohibited federal candidates from raising or spending soft money Prohibited corporations and unions from using soft money for electioneering communications Required disclosure of electioneering communications Required political parties to choose between making coordinated expenditures OR independent expenditures, but not both Prohibited minors from contributing

26 527’S (THE NEW SOFT $$) Named for the IRS tax code that gives life to these committees A 527 group is created primarily to influence the nomination, election, appointment or defeat of candidates for public office. Not subject to campaign finance laws

27 527 Committees Cycle All 527s* Receipts All 527s* Expenses
527s (Excluding State Candidates & Parties)* Receipts 527s (Excluding State Candidates & Parties)* Expenses 2004 $599,202,432 $611,723,836 $434,023,186 $442,472,913 2006 $384,911,172 $429,380,273 $165,518,800 $206,337,527 2008 $425,561,881 $374,187,522 $201,276,654 $198,753,309

28 Top 5 Committees Receiving Money
See the full list Top 5 Committees Receiving Money Top 5 Committees Receiving Money Committee 2008 Receipts Service Employees International Union $23,902,467 America Votes $21,407,440 American Solutions Winning the Future $18,593,115 The Fund for America $12,142,046 EMILY's List $11,659,922


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