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Campaign Finance The connection between money and the elections.

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1 Campaign Finance The connection between money and the elections

2  2003-04 Pres. election cycle: $880.5 million raised $717.9 million spent  2007-08 Pres. election cycle: $1,748.8 million raised $1,324.7 million spent http://www.opensecrets.org/pres08/index.php?cycle=2 008&type=SF  2003-04 Pres. election cycle: $880.5 million raised $717.9 million spent  2007-08 Pres. election cycle: $1,748.8 million raised $1,324.7 million spent http://www.opensecrets.org/pres08/index.php?cycle=2 008&type=SF

3 2011-12 Presidential Election Cycle  http://www.opensecrets.org/pres12/i ndex.php http://www.opensecrets.org/pres12/i ndex.php  Open Secrets - US research group  Tracks money in politics  Non-partisan  Non-profit 2011-12 Presidential Election Cycle  http://www.opensecrets.org/pres12/i ndex.php http://www.opensecrets.org/pres12/i ndex.php  Open Secrets - US research group  Tracks money in politics  Non-partisan  Non-profit

4 History of Campaign Finance Regulation  Corrupt Practices Acts  Hatch Act 1939  FECA 1971  Corrupt Practices Acts  Hatch Act 1939  FECA 1971

5  FECA 1971 – reduce the importance of $ on elections – limit big donations  No limit on spending  Restricted spending on mass media  Restricted spending own money  Unconstitutional: Buckley v Valeo 76  Disclosure of all contributions >$100  Income tax return donations to Fed Funds – public financing funds  Increased influence of PAC’s: smaller contributions from larger # donors  1970’s – 600 to 2010 - >2000 PAC’s  FECA 1971 – reduce the importance of $ on elections – limit big donations  No limit on spending  Restricted spending on mass media  Restricted spending own money  Unconstitutional: Buckley v Valeo 76  Disclosure of all contributions >$100  Income tax return donations to Fed Funds – public financing funds  Increased influence of PAC’s: smaller contributions from larger # donors  1970’s – 600 to 2010 - >2000 PAC’s

6  Federal Election Commission - 1974  Public Financing  Contribution limits  Disclosures  Soft Money  Federal Election Commission - 1974  Public Financing  Contribution limits  Disclosures  Soft Money Amendments to FECA

7  Bipartisan Campaign Finance Reform Act 2002  McCain Feingold Act  Regulate Soft Money  Contribution limits 2013-14 http://www.fec.gov/pages/brochures/contriblimits.shtml http://www.fec.gov/pages/brochures/contriblimits.shtml 2015-16 http://www.fec.gov/info/contriblimitschart1516.pdf http://www.fec.gov/info/contriblimitschart1516.pdf  Bipartisan Campaign Finance Reform Act 2002  McCain Feingold Act  Regulate Soft Money  Contribution limits 2013-14 http://www.fec.gov/pages/brochures/contriblimits.shtml http://www.fec.gov/pages/brochures/contriblimits.shtml 2015-16 http://www.fec.gov/info/contriblimitschart1516.pdf http://www.fec.gov/info/contriblimitschart1516.pdf

8 Hard Money v. Soft Money  Hard money  Express advocacy in federal elections  Individuals, PAC’s pol parties, corporations etc.  All $ disclosed to FEC  Hard money  Express advocacy in federal elections  Individuals, PAC’s pol parties, corporations etc.  All $ disclosed to FEC

9  Soft Money  Not used in federal elections (state/local)  NOT used for express advocacy  Advertising that educates voters about issues, with a specific candidate endorsement  >$2000 disclosed to FEC  Used for public issue communications - independent of candidates  Soft Money  Not used in federal elections (state/local)  NOT used for express advocacy  Advertising that educates voters about issues, with a specific candidate endorsement  >$2000 disclosed to FEC  Used for public issue communications - independent of candidates

10 Political Action Committees - PAC’s Top Twenty PAC’s http://www.opensecrets.org/pacs/toppacs.php Top Twenty PAC’s http://www.opensecrets.org/pacs/toppacs.php

11 Difference Between PAC’s & Super PAC’s  http://firstread.nbcnews.com/_news/2012/01 /13/10150439-stephen-colbert-explains- difference-between-pacs-and-super-pacs http://firstread.nbcnews.com/_news/2012/01 /13/10150439-stephen-colbert-explains- difference-between-pacs-and-super-pacs  http://www.opensecrets.org/pacs/pacfaq.php http://www.opensecrets.org/pacs/pacfaq.php  http://www.opensecrets.org/pacs/superpacs. php?cycle=2014 http://www.opensecrets.org/pacs/superpacs. php?cycle=2014  http://thecaucus.blogs.nytimes.com/2012/01/ 13/timescast-whats-a-super-pac/?_r=0 http://thecaucus.blogs.nytimes.com/2012/01/ 13/timescast-whats-a-super-pac/?_r=0  http://firstread.nbcnews.com/_news/2012/01 /13/10150439-stephen-colbert-explains- difference-between-pacs-and-super-pacs http://firstread.nbcnews.com/_news/2012/01 /13/10150439-stephen-colbert-explains- difference-between-pacs-and-super-pacs  http://www.opensecrets.org/pacs/pacfaq.php http://www.opensecrets.org/pacs/pacfaq.php  http://www.opensecrets.org/pacs/superpacs. php?cycle=2014 http://www.opensecrets.org/pacs/superpacs. php?cycle=2014  http://thecaucus.blogs.nytimes.com/2012/01/ 13/timescast-whats-a-super-pac/?_r=0 http://thecaucus.blogs.nytimes.com/2012/01/ 13/timescast-whats-a-super-pac/?_r=0

12 527’s BCFRA LOOPHOLE 2008 / 2012 Issue Advocacy: act of making generalized communication regarding a public issue w/o advocating voters to take a specific action. Express Advocacy: act of making specific communication regarding a public issue advocating voters to take a specific action.  regulated by the FEC http://www.opensecrets.org/527s/index.php 527’s BCFRA LOOPHOLE 2008 / 2012 Issue Advocacy: act of making generalized communication regarding a public issue w/o advocating voters to take a specific action. Express Advocacy: act of making specific communication regarding a public issue advocating voters to take a specific action.  regulated by the FEC http://www.opensecrets.org/527s/index.php

13 Citizens United v. Federal Election Commission http://www.c- spanclassroom.org/Video/835/Citizens+ United+v+Federal+Election+Commission +Reactions.aspx http://www.c- spanclassroom.org/Video/835/Citizens+ United+v+Federal+Election+Commission +Reactions.aspx

14 SPEECHNOW.org vs. FEC  result - two core rules.  First, an organization formed to accept contributions and make independent expenditures must register as a political committee under the same regime as any other PAC.political committee  Second, entitled to accept unlimited contributions from individuals.  When coupled with Citizens United, suggested that corporations and unions may contribute unlimited amounts to Independent Expenditure only PACs.  Spending by PAC’s, corps, or unions helping party/candidate - done independently of them.  result - two core rules.  First, an organization formed to accept contributions and make independent expenditures must register as a political committee under the same regime as any other PAC.political committee  Second, entitled to accept unlimited contributions from individuals.  When coupled with Citizens United, suggested that corporations and unions may contribute unlimited amounts to Independent Expenditure only PACs.  Spending by PAC’s, corps, or unions helping party/candidate - done independently of them.

15 Current Limits http://www.fec.gov/pages /brochures/contriblimits. shtml contribution limits for 2015-2016 federal elections http://www.fec.gov/pages /brochures/contriblimits. shtml contribution limits for 2015-2016 federal elections

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