Campaign finance Flashcards
Citizens United v. FEC (2010)
- Companies and groups can spend as much money as they want to support or oppose candidates in elections, as long as they don’t give money directly to the candidates. This is because spending money on political messages is considered free speech. (1st amendment)
McCutcheon v. FEC (2014)
- Government can’t set a total limit on how much money one person can give to all federal candidates, parties, and political committees combined in an election cycle.
- Violated free speech under the 1st Amendment.
In the 2024 US presidential election, how much did political advertising reach?
Surpassing $12 billion
What forms of campaigns did Trump and Harris focus on in 2024 election?
- Harris’ campaign notably emphasized digital platforms, reserving $370 million for advertising
- Trump’ campaign focused more on traditional media, spending $35 million on traditional TV advertisements
What did the FECA act (1971) establish?
Established comprehensive regulations on campaign finance.
What limits did the FECA Act (1971) introduce?
Limits on contributions and expenditures, disclosure requirements, and the creation of the FEC for enforcement.
Landmark Supreme Court decisions
Buckley v. Valeo (1976) and Citizens United v. FEC (2010)
What did FECA aim to do?
Regulate the influence of money in politics, ensuring a level playing field and preventing corruption or the appearance thereof in federal elections.
FECA’s Key Provisions
- Contribution Limits.
- Restricted individual contributions to $1,000 per candidate per election and $25,000 in total contributions per year. - PACs limited to $5,000 per candidate per election and $15,000 annually to a political party.
- Disclosure Requirements.
- Candidates, political parties, and PACs were required to regularly file reports disclosing the sources of their funds and how those funds were spent. - Public Funding for Presidential Campaigns.
- System for public financing of presidential campaigns, available to candidates who met certain criteria
Buckley v. Valeo (1976)
- SC ruled that while contribution limits to campaigns were constitutional as they could prevent corruption, limits on campaign expenditures violated the 1st Amendment’s guarantee of free speech.
- Candidates to spend unlimited amounts of their own money on their campaigns.
Example of candidates able to spend unlimited amounts of their own money on their campaigns.
Donald Trump, in his 2016 campaign, spent approximately $66 million of his own money.
What is soft money?
Funds raised by political parties for ‘party-building activities’ like voter registration and issue advocacy, rather than directly supporting federal candidates.
- not subject to FECA’s strict contribution limits or disclosure requirements.
What act banned the use of soft money in federal elections?
Bipartisan Campaign Reform Act of 2002
Aim of the Bipartisan Campaign Reform Act of 2002
- Close the loophole that allowed large, unregulated contributions to influence federal elections indirectly.
- Increased the limits on contributions that individuals could make from 1k to 2k/
What is the electioneering communication provision that the BCRA introduced?
Restricted broadcast ads that refer to a federal candidate within 30 days of a primary or 60 days of a general election, and are targeted to the relevant electorate.
- Preventing the use of issue ads as a backdoor means of corporations and unions influencing electoral outcomes.
