3.5: US Democracy and Participation Flashcards
What is the name of the electoral system used for Presidential Elections in the USA?
ELECTORAL COLLEGE
- A body of electors who cast votes on behalf of their states to formally elect the President and the Vice President of the USA every 4 years.
- States were to appoint electors who would vote for the President on behalf of that state.
- Elections take places on the first Tuesday after the first Monday in November, with 50 state-wide elections rather than one national election.
What is the electoral process for Presidential Elections?
PRESIDENTIAL ELECTION PROCESS
- Candidates within each party compete to be their party’s nominee.
a) Invisible Primary (18/24 months before election day).
- The time between a candidate formally announcing their intention to run for Presidential office and the first official primary caucus (test the waters).
- Before this, many release books; Hilliary wrote ‘Hard Choice’ in 2014, Obama wrote ‘Audacity of Hope’ in 2006 to show their political manifesto.
- Straw polls are glorifed opinion polls.
b) Early state primaries and caucuses such as New Hampshire and Iowa (Feb/9 months before).
c) ‘Super Tuesday’ (Mar/8 months before).
d) Late state primaries and caucuses (June/5 months before).
e) National Party Conventions (July/4 months before). - The nominated candidates from different parties compete against each other.
a) The election campaign, including televised debates (1-3 months before/Aug-Oct).
b) Election Day (Nov).
c) Electoral College Ballots Cast (1 month after/Dec).
d) Inauguration of the new President (2 months after/Jan).
What is the difference between Primaries and Caucuses?
PRIMARY
- An intraparty ballot to nominate the candidate for a party in the Presidential election.
- Secret Ballot.
- Often conducted on a state-wide basis/
- Used by 38 states (Alabama, North Carolina, Florida, New York…).
CAUCUSES
- An intraparty town-hall-style meeting in which voters physically exercise their preferences (moving to a part of a room or through a show of hands) in order to decide who will represent their party in the Presidential election.
- Voting often takes place in public.
- Often conducted in small local areas within a state (Republican Iowa caucus had 700 locations at 8 pm, lasting an hour).
- Used by 12 states (Iowa, Nevada, Colorado…).
What is the Invisible Primary and why is it significant?
INVISIBLE PRIMARY
- No ‘official’ beginning to the invisible primary but is rather a period which potential candidates for a party compete to attract attention, money and endorsements for their campaign.
a) Competition is intraparty meaning that it is within a party.
b) Growth of the media in the digital age has played an increasing role in the Presidential campaign.
- Televised debates such as 12 for Republicans in 2016 and 20 in 2012 with diminishing numbers.
c) Candidates use this to gain momentum with ‘name recognition’ often prompting a viable campaign.
- Raise profile through events, especially the announcement of their candidacy.
- Jeb Bush announced his candidacy in 2015, yet suffered criticism from Trump and other Republicans on Twitter during the invisible primary, later withdrawing on 20 Feb 2016 despite starting as the favourite to win with strong recognition and raising $114 million with Hilary on $69 million in the first half of 2015.
d) Michele Bachmann was the frontrunner in the 2011 Iowa Straw poll as an evangelical Christian, yet said the bible was fundamentally true and blamed swine flu on Jimmy Carter which was a blow to her campaign. - Attract finance.
a) Through direct donations from the voters (grassroots) or from Political Action Committees (PACs) or Super-PACs. - 2016 Republican candidates.
a) There were 17 different candidates aimed at the Republican Party for the Presidency.
b) 5 withdrew in during the invisible primary before the first official primary took place, 7 more withdrew in the 20 days following the first primary in Feb 2016.
- George Pataki (May 2015 - 29 Dec 2015) withdrew due to the lack of public support in polls.
- Rick Perry (June 2015 - 11 Sep 2015) withdrew due to a lack of financial support.
- Scott Walker (July 2015 - 21 Sep 2015) withdrew due to a lack of funding to keep up with his campaign spending.
- Bobby Jindal (June 2015 - 17 Nov 2015) withdrew due to a lack of public support and financial backing.
- Lindsay Graham (June 2015 - 21 Dec 2015) withdrew due to a lack of public support in polls. - 2020 Democrat candidates.
a) There were 29 major candidates.
b) 18 withdrew in the invisible primaries
- Cory Brooker (Feb 2019 - Jan 2020) withdrew for reelection as Senator for New Jersey.
What are PACs and Super-PACs and 527s?
POLITICAL ACTION COMMITTEES (PACs)
- A group which can raise money to support a candidate in an election, donating a maximum of $5,000 to their campaign directly.
SUPER-PAC
- A group which can raise and spend unlimited amounts of money to support or oppose a candidate, but which is not allowed to donate directly to a campaign or coordinate with a campaign.
527s
- A tax-exempt organisation organised under Section 527 of the U.S. Internal Revenue Code.
- They can raise unlimited amounts but cannot call for the election or defeat of a candidate.
Has spending in Presidential elections increased over time?
CAMPAIGN SPENDING
- The rising cost of campaigns (best president money can buy).
a) Mike Bloomberg outspent his rivals in the 2020 Democrat candidacy at $539 million against all his rivals combined at $209 million.
- Bernie Sanders has spent $48 million up until Bloomberg quit.
- Pete Buttigieg has spent $35.4 million in ads.
- Joe Biden spent $13.9 million.
b) President Obama’s 2012 campaign for president spent $338 million. - 2016 Presidential elections
a) Large disparity between the two leading candidates.
- Hilliary Clinton spent $1.191 billion, with ‘Priorities USA Action’ Super PAC raised $132 million.
- Trump spent $0.6468 billion
b) Trump benefitted from nearly $2 billion worth of ‘free’ media attention due to his controversial nature and ‘shock and awe’ tactic.
- Hilliary Clinton gained just $746 million from ‘free’ media.
What are the different types of Primaries/Caucuses?
DIFFERENT PRIMARIES/CAUCUSES
- Open Primaries/Caucuses
a) All voters in a state can take part, regardless of whether they are a registered party member.
b) Voters can take part in only one primary.
- They would, therefore, have to decide whether to vote in the Democratic or Republican (or 3rd party) primary/caucus.
- A Democrat voter could, therefore, vote in the Republican primary and vice versa. - Closed Primaries/Caucuses
a) Only voters who are registered as a party member can take part.
- Registered Democrats would be allowed to take part in the Democratic primary/caucus with voters sent a ballot only id they are registered party members. - Semi-Closed Primaries/Caucuses
a) A hybrid of both open and closed. Registered party members are allowed to take part only in their party’s primary/caucus.
b) Unregistered voters are allowed to choose which party primary/caucus they want to vote in.
How are delegates from Primaries/Caucuses allocated?
DELEGATE ALLOCATION
- In 2016, Democrats had 4,763 delegates whilst Republicans had 2,472.
- Proportionality
a) The delegates are allocated proportionally to the vote the candidate receives.
b) Used by all democrat primaries and caucuses and select Republican ones. - Winner-takes-all
a) The candidate with the biggest share of the vote is allocated all of the delegates for that state.
b) Used by some Republican primaries and caucuses. - Proportional unless a threshold is reached
a) Delegates are allocated proportionally unless if one candidate reaches the ‘threshold’ in a state, (varies from 50% - 85% of the vote), they are allocated all of that state’s delegates.
b) Used in some Republican primaries and caucuses.
What is ‘frontloading’?
FRONTLOADING
- The movement of primaries to an earlier point in the calendar in order to give more significance to a primary or caucus within a state.
- Seen with states moving them before New Hampshire and Iowa (which are normally happen first).
- So states later in the calendar have a greater say in the campaign process - Trump gained a majority on the 26th May 2016 despite 7 states not holding their primaries (including populous states such as California).
What is ‘Super Tuesday’?
SUPER TUESDAY
- Due to frontloading, many primaries occur on the same day.
- ‘Super Tuesday’ usually occurs in March
- On the 3rd of March 2020, 14 primaries were held.
- The largest of these was in 2008 with ‘super-duper Tuesday due to 24 states holding primaries.
What are National Party Conventions?
NATIONAL PARTY CONFERENCE
- A national convention of the Republican and Democratic parties in which they formally nominate their presidential candidate and affirm their party platform for the coming election.
- Following the disastrous Chicago Democrat convention in 1968 with riots on the Vietnam War, the McGovern-Fraser Commission was established to review the nomination process of the President which gave more significance to primaries and caucuses.
What is the significance of National Party Conventions?
NATIONAL PARTY CONVENTIONS
- Selecting the party candidates for the presidency
a) While most party delegates are bound by party rules as to whom they have to vote for, this is still a process which takes place at conventions and formally acknowledges the party’s nominee for President and Vice President.
- In the vote of delegates, a simple majority of votes cast is needed to approve a candidate.
b) The official candidate is usually a foregone conclusion.
- Most delegates are already pledged since the primaries.
- Superdelegates (special delegates/nominated party officials) vote has more weight to it.
- In 2016, Trump was approved with over 1,700 delegates (69.8%) on the first ballot, whilst Mitt Romney won over 90% in 2012. - Adopting the party platform and policies
a) Theoretically, the party convention allows for discussion on, and amendments to, the party platform.
- These are the principles and policy goals of a political party (manifesto).
b) While parties do take into account their members’ view, the party convention today is little more than a rubber stamp for the platform.
- Most party policy is created by ‘platform committees’ of each party in the days before conventions in collaboration with the presumptive nominee.
- Platforms are then simply agreed to at the convention in a vote.
- In 2016, it took just 6 minutes to confirm the Republican Party Platform - Selling the candidate
a) As a multimillion-dollar event with extensive television coverage, the convention allows the candidate considerable media coverage, especially in their acceptance speech.
- Obama’s 2007 speech had an audience of 39 million television viewers.
b) In this speech, the nominee can talk directly to the voters and set out their campaign narrative.
- Allow for the rising stars of the party to make their mark for future campaigns as Obama did in 2004. - Party Unity
a) The invisible primary and primary season can be bruising.
- Candidates from the same party battling it out for supremacy by often pointing out flaws in other candidates, thereby exposing divisions.
b) The Convention affords an opportunity to repair some of this damage and prepare instead to compete against the opposing party rather than one another.
- Having lost to Obama in 2008, Clinton opened her convention speech by saying that she was a ‘proud supporter of Barack Obama’.
- Ted Cruz did not endorse Trump at the 2016 convention. - 2016 National Conventions
a) Republican National Convention 2016
- Many prominent Republicans did not attend with Trump gaining endorsements from low-profile losing primary candidates such as Chris Christe and Ben Carson.
- Melania gave a speech but was accused of plagiarising Michelle Obama.
- Ted Cruz snubbed Trump by urging voters to ‘vote your conscience’.
- The platform opposed gay marriage.
- Trump’s final speech appealed to his populist base, talking of immigration and his proposed Mexican wall giving him a 4% bounce in ratings (John Kerry did not get this bounce in 2004 despite unpopularity of George Bush).
b) Democratic National Convention 2016
- United convention with progressives such as Warren and Sanders and a highly supportive Obama and Bill Clinton.
- Sanders supporters organised protests, accusing the DNC of bias as in the Nevada Primaries, Clinton won the majority of delegates in the 1st stage, yet Bernie won the 2nd stage after many failed to show up, yet the Democrats discredited these delegate and changed the rules.
- Music stars such as Alicia Keys, Katy Perry and Lady Gaga played.
- Rule change to reduce the role of superdelegates was adopted, with 2/3 of superdelegates bound to state results.
- Clinton appealed to Trump’s key demographic support alongside other issues such as climate change in her speech.
What is the significance of the Party Platform?
PARTY PLATFORM
- Manifesto for the nominated candidate to stand by.
- Usually very generic as to not alienate anybody.
- Exception of:
a) Trump 2016 with nationalist pledges including a southern border wall.
b) Barry Goldwater 1964 with right-wing mass privatisation and nuclear weapons (Beaten by L.B.Johnson).
c) George McGovern 1972 with the housewives wage.
What are the advantages and disadvantages of the Primaries and Caucuses process?
PRIMARIES AND CAUCUSES
- Advantages
a) Raises key issues
- ‘Idea factory’ with more ideas than from just 1 candidate.
- Competition between candidates tests different policies.
- Successful policies of losing candidates can be adopted by winning candidates.
- Political education.
b) Voter choice and democracy
- Increased participation compared to a situation of no primary voting.
- Choice of competing/ideologies/policies within a party.
- Choice by social characteristic (race, gender…).
- Especially true of open primaries states.
c) Electability/proven candidates
- Tests ability to overcome deficiencies/personal issues.
- Proven candidates are more likely to win the Presidency.
- Tests the ability to raise funds. - Disadvantages
a) Internal divides in parties.
- Exposes divisions.
- People can lose faith in candidates.
- Problematic if only one party has a primary.
- Negative campaigning common, even within a party.
- Can reduce the popularity of winning candidate.
- EXAMPLE. Clinton was engulfed in sex scandals in 1991 as his campaign began (comeback kid).
b) Specific Procedures
- Creates low turnout and excludes certain voters.
- Some states have dubious practices such as non-binding elections.
- Different rules for different states.
c) Timing.
- Early states influence late states
- Late states can be disenfranchised, rendering voting pointless.
What is the significance of American Overseas Territories in Primaries/Caucuses?
AMERICAN OVERSEAS TERRITORIES
- 5 American overseas territories (US Virgin Islands, Guan, Puerto Rico, American Samoa, Northern Mariana Islands) are allowed to vote in Primaries but not Presidential elections.
What are the different types of states in the election campaign?
STATES IN THE ELECTION CAMPAIGN
- Battleground States
- A state in which the candidate it will support is uncertain (swing state) and which therefore sees a lot of campaigning activities in order to win votes. - Bellwether States
- A state which has historically tended to vote for the Presidential candidate, and therefore is of far more interest for candidates.
- EXAMPLE. In 2016, 94% of events by either Trump, Pence, Clinton or Kaine took place in just 12 states, with Florida having 71 campaign events.
What is the significance of televised debates in the election campaign?
TELEVISED DEBATES
- Since 1976, there has been an expectation for candidates to take part in televised debates against one another.
- Candidates polling at an average of 15% in national polls is eligible.
- Only meant that there have been two candidates (Democrats and Republicans with 3rd parties falling short).
- EXAMPLE. Even though Hilliary Clinton had ‘won’ each of the debates through measuring her polling she still lost the 2016 election.
How happens on Election Day?
ELECTION DAY
- Polls in November
a) 50 State-wide elections, with the elector allocating votes from a state to elect a President and Vice-President.
b) ECV allocate a winner takes it all basis (FPTP system) in all states except two.
How does the Electoral College Vote function?
ELECTORAL COLLEGE VOTE
- ECV
a) Each state had a minimum of 3 ECVs as every state had at least 1 House Representative and 2 Senators.
- As the HORs is representative to the population, the ECV was broadly proportional.
- To win, you need at least 270 out of 538 ECV to win
b) Faithful Electors
- A person who is nominated to cast an ECV on behalf of their state.
c) Rogue/Faithless Electors
- A person who was nominated to cast an ECV on behalf of their state but who cast their ballot for someone other than whom their state voted for.
- 30 states have laws that require their delegates to cast their vote for the candidate that won the state vote.
- In 2016, there were 10 faithless electors, 3 had their vote invalidated as they broke state law and had to vote again, 7 successfully cast their ballot. in favour of other candidates.
- Four faithless electors from Washington were each fined $1,000 for breaking their pledge in 2016.
d) Winner takes all
- Irrelevant of how much the candidate wins in the popular vote, Hilliary won 4 million more in California. - Different Voting methods and vote allocations used
a) Colorado
- Postal vote.
- Winner-takes-all.
b) Delaware
- Digital voting with no paper trail.
- Winner-takes-all.
c) Maine
- Paper ballot.
- ECV 2 votes given to the state-wide winner, 1 vote given to the winner in each of Maine’s 2 Congressional districts.
d) Nevada
- Digital voting with a paper trail.
- Winner-takes-all.
e) Tennessee
- A paper ballot, and digital voting without a paper trail.
- Winner-takes-all.
f) Utah
- A paper ballot, and digital voting with a paper trail.
- Winner-takes-all. - Butterfly Ballots in 2000
a) Controversy with ballots having names down both sides and punching holes down the centre, making it difficult for people to work out how to vote for the preferred candidate.
b) Supreme Court decided the election result in Bush v Gore 2000.
Should the Electoral College Vote be reformed?
ELECTORAL COLLEGE REFORM
- Yes
a) In 2 of the last 5 Presidential elections, the winner of the popular vote has lost in the ECV, undermining modern principles of popular sovereignty and underlining the outdated nature of the constitution.
- Clinton won 48% (66 million) in 2016 compared to Trumps 45.9% (63 million) - difference of nearly 3 million.
b) Due to the vast criticism, several states have created the National Popular Vote Interstate Compact (NPVIC) in which members pledge all of their ECVs to the winner of the national popular vote, regardless of the outcome in their own state.
- This has been adopted by 11 states and Washington DC, which represent 172 ECVs, it has passed through legislatures in a further 12 states.
c) It effectively excludes 3rd parties from the electoral process as the ECVs are not allocated proportionally and 3rd party votes tend to be thinly spread across the nation.
- Only 2 times when there has not been a clear winner of the EC (1800 and 1824).
d) Small states are overrepresented in the EC.
- California has 55 ECVs and a population of 40 million, Wyoming has 3 ECVs and a population of 500,000.
- Meaning that each ECV exercised by Wyoming represents 195,000 whilst California ECVs represents 3 times as many people.
- ECVs should be allocated by Congressional District rather than a state with proportionality.
e) The bellwether states are overrepresented as it is their votes that can change the election, with a majority of states almost ignored throughout the electoral process.
f) That faithless elector exists undermines the very basic principles of democracy. Reform is therefore needed to maintain legitimacy in US elections.
- ECVs should ay least be automatically allocated. - No
a) The ECVs ensures that small states remain represented.
- With the US population concentrated in a few states, the role, culture and traditions of smaller states could be ignored without the EC.
- It helps maintain federalism by allowing differing electoral procedures in each state.
b) The EC guards against the tyranny of the majority nationally and protects low-turnout areas.
- The Founding Fathers were not convinced about the wisdom of popular sovereignty and this indirect form of election disperses power away from the public.
- In 2016, Minnesota had the highest turnout (74.2%) whilst Hawaii had the lowest (42.5%)
c) There is no consensus on what should replace the Electoral College.
- Slight reforms such as the proportional allocation of ECVs, to the abolition and replacement of it with a national popular vote.
- Problematic given the difficulty of passing a constitutional amendment generally.
d) Broadly, the EC has produced a clear winner.
- Given the use of FPTP for US elections, the resulting 2-party system means the winner has a clear majority of ECVs and therefore has a strong mandate to govern.
What is the significance of the incumbency seeking a second term in Presidential Elections and what are the advantages and disadvantages of this position?
INCUMBENCY
- A sitting president up for re-election generally tends to win.
a) In the last 57 Presidential elections, 32 have involved incumbents and 22 of those candidates have won.
- A re-election rate of 68.7%.
b) Exceptions of:
- Ford who rose to office as Vice President following the discredited Nixon and the watergate scandal.
- Jimmy Carter 1977-1981 was a one-term Presidency.
- George Bush Snr lost to Bill Clinton in 1992 after raising taxes despite explicitly campaigning for no new taxes. - Incumbency Advantages
a) Name Recognition and media attention
- Can attract publicity and sell their message, with the Rose Garden strategy in which the President address the nation with media attention.
- EXAMPLE. Obama’s speech on the death of US officials in Benghazi in 2012 highlighted his role as commander in chief at a time of national significance.
- EXAMPLE. In October 2012, Hurricane Sandy hit the East coast of America, giving Obama media coverage to act ‘presidentially’ touring disaster-hit areas and being photographed with those affected whilst Romney faced media blackouts and controversy over his comment for the Federal Emergency Management Agency (FEMA) to be closed and then reviewing his comments.
b) Electoral resources and executive experience
- Incumbents can point to policy successes during their 1st term to broaden their appeal and demonstrate their ability to govern with a proven track record.
- Can attract significant funding against competitors.
- Incumbents usually outspend their opponents, Obama raised $750 million whilst Romney raised $450 million.
- EXAMPLE. Clinton outraised the incumbent Bush in 1992, yet won.
- EXAMPLE. Obama announced a policy shift in 2011, with the main withdrawal of troops from Afghanistan and the killing of Osama Bin Laden in 2011. Appointment of Hispanics to the SC and executive orders progressed his vote amongst this demographic.
c) Lack of primary challenge
- Incumbent Presidents do not face primary challenges so they do not have to spend time exposing the cracks and divisions within their own party and steamrolling an expensive/bitter campaign.
- This creates party unity going into an election and reduces spending costs, leaving them with a ‘war chest’ to spend later on.
- EXAMPLE. Trump has only had 4 opponents in 2020 primaries, with may drop out due to the failure of their campaigns (only 1 delegate has been confirmed to Bill Weld - a Libertarian). - Incumbency Disadvantages
a) Name recognition and media attention
- Others can exploit the media. Presidential television debates allow challengers to impress on voters, such as Reagan embarrassing Carter by asking if they were “better off than they were 4 years ago” and commenting “there you go again”.
b) Electoral resources and executive experience
- A double-edged sword, with Obama having to counter accusations over his failure of leadership in health care reform.
- EXAMPLE. George Bush Snr’s failing economy and recession and famous campaign promise: “Read my lips: no new taxes” helped his demise.
- Money does not guarantee success with Jeb Bush raising record sums and Clinton outspending Trump, especially with his Super PAC - ‘Right to Rise’ raising $87 million.
c) Lack of primary challenge
- Media focus and attention can often be focused on primaries of the opposing party, which may give the challenger the opportunity to show political strength (1992).
How has America developed to be a 2 party system?
TWO PARTY SYSTEM
- The Use of the Winner-takes-all
a) Significantly disadvantages third parties as they are awarded nothing for coming anything other than first in a state or district.
- Therefore, despite the threefold jump in a third-party vote in 2016 (Libertarian Party = 3.3% [4.5 million] and Green Party = 1.1% [1.5 million]). - The nature of America
a) The federal nature and the guarantee of a state’s right to run its own election, make every election a small, single-seat election.
- Using a winner-tales-all electoral system in itself causes a 2 party system; given that the USA effectively conducts a series of mini-elections on any election day, this problem is further exacerbated. - Party Ideology
a) The 2 main US parties have such a breadth of ideology, it is therefore difficult for a 3rd party to carve out any distinct policy area that is not already covered.
- If it were able to, it would not take much for one of the 2 main parties to simply assume this policy, a process known as co-optation.
- Means that candidates running as independents also struggle to carve out a distinct policy platform. - The expense of Politics
- US elections have become so expensive that the only parties able to really compete are those with money.
- Smaller parties lack the financial muscle or membership to gain success, therefore reinforcing the 2 party system. - The electoral rules
a) The rules of the Presidential debate serve to exclude 3rd parties which struggle to achieve the popularity needed in the polls.
- This restricts their access to what amounts to free media and undermines their legitimacy as serious parties.
How can third parties have indirect influence?
THIRD PARTIES
- The Spoiler Effect
a) When a 3rd party candidate helps to prevent one of the Democrat or Republican party from winning.
- EXAMPLE. In 2000, Ralph Nader (Green Party candidate) may have prevented Al Gore (Democrat) from winning the Presidency by taking democrat voters away from Gore (Bush defeated Al Gore by 537 votes in Florida, with Nader receiving 97,000 votes). - Influencing the policy of Democratic or Republican Parties
a) Ross Perot was the last 3rd party candidate to receive significant votes for his campaign in 1992 and 1996 as an independent.
- At one point in June, Perot led the polls with 39% (versus 31% for Bush and 25% for Clinton in 1992).
- He received 19% of the popular vote with 20 million votes but no ECVs.
- The popular economic policy of a balanced budget was embraced by Republicans and accepted by Bill Clinton, with his policy being successfully executed. - Infiltrating the 2 main parties, using primaries to gain prominence within a party
a) Trump and Bernie Sanders are both examples of 3rd party candidates using primaries to run under their banner, even though both parties oppose their bids.
What legislation has shaped the role of campaign finance in elections?
CAMPAIGN FINANCE
- 1971 - Federal Elections Campaign Act (FECA) passed
- Lays out requirements for the disclosure of donations received by candidates (of over $100) and sets spending limits for candidates and their families ($50,000 for Presidential elections).
- Also establishes matching funds with federal funding if a party received 5% or more of the vote in the election (used by Al Gore and John Kerry but not Bush in which meant that Gore was restrained by campaign expenditure limits). - 1974 - FECA is reformed after Watergate
- The amendment creates the Federal Elections Commissions (FEC) to oversee and regulate election spending.
- It limits individual donations to a single campaign to $1,000 (with a capped aggregate total of $25,000 to all federal campaigns) alongside limiting campaign spending. - 1976 - Buckley v Valeo in the SC
- This ruling upholds the donation limits for elections but rules that spending caps amount to a violation of free speech. - 1979 - Congress amends FECA
- Through further amendment of the Act, it allows for the development of soft money (money donated to a party rather than a candidate and used for ‘party-building activities’ rather than endorsements of a candidate directly.
- It is not bound by campaign limits. - 2002 - Bipartisan Campaign Finance Reform Act (McCain-Feingold reforms)
- Bans soft money donations to national parties.
- Raises individual contribution limits to $2,000 (hard money, direct to an electoral campaign) per candidate per election.
- Corporations and labour unions are banned from funding issues advertisements.
- Prohibits ‘electioneering communications’ referring to federal candidates within 60 days of a general election by corporations and labour unions.
- ‘Stand by Your Ad’ (SBYA) provision requires candidates to endorse campaign adverts to discourage attack adverts or controversial claims. - 2010 - Citizens United v FEC
- Effectively determines that money is free speech and therefore campaign limits placed on organisations are unconstitutional.
- Gives rise to the creation of Super-PACs. - 2014 - McCutcheon v FEC
- Rules that the aggregate cap placed on individuals limiting the number of candidates they can donate to within an election cycle is unconstitutional.