US campaign finance and direct democracy Flashcards
self funded
Trump $66m into 2016 campaign but $8000 2020.
freedom from influence of donors. free of gov restrictions except disclosing to FEC.
perception that politics only for wealthy
donations (hard money)
to specific candidates from supporters.
limited 2002- none over $2,800.
PACs- raise money for candidates up to $5000
donations (soft money)
indirectly spent to promote candidates or attack opponents
super pacs- cant coordinate with candidates’ campaigns
government funds
Obama 2008 rejected idea of gov matching donations in return for donation cap- could raise more than the cap by himself.
Romney used gov funds- last person to date
arguments for campaign finance being regulated
- election expenditure out of control. e.g. 2020 $14b- more money than previous 2 combined
- fundraising distracts from real job, especially house reelected 2 years- constant campaigning
- cost of elections = only wealthy and well connected can afford. e.g Trump $66m own money 2016
arguments against campaign finance being regulated
- fundraising & donations important part of democratic process- supporters show loyalty (hard money)
- first amendment right- political activity e.g. McCutcheon v FEC
- candidates still listen to wide range of voters- unwise to only be influenced by wealthy
Buckley v. Valeo 1976
Buckley: money spent in campaigns was form of politcal expression not fincancial transaction
therefore regs violate 1st amendment.
SC: regs only cons. if focused on corruption so uncons due to no focus on this
bipartisan campaign reform act 2002
stopped corporation “soft money”
defined poltical issue ads paid for by corps as “electioneering communications”
can’t broadcast within 30 days of primary or 60 of general election.
however 2007 FEC v Wisconsin, bans on corps paying for ads is uncons.
McCutcheon v. FEC 2014
SC strike down caps on amount total amount people can donate to campaigns in total
5-4 that it limits free speech
however, didn’t impact limits to single candidate by single donor
ballot initiatives
laws proposed by voters; if enough signatures, placed on ballot at election time
e.g. compulsory wearing of condoms by actors in adult movies initiative California 2016
recall elections
voters force elected state official to face re-election before term over
e.g. 2012 Scott Waker Wisconsin R senator opp to leg restricitng public sector working rights. survived re-election
has been successful
e.g. Gray Davis California replaced by Arnold Schwarzenegger
referendums
state legislatures pass law but must submit to voters for approval
e.g. 2018 Alabama 78% voters supported state constitution amendment to allow display of 10 commandments in state courthouses
money spent on direct democracy
vast sums spent
2020 total raised on campaigning over DD measures was $1.2b.
over $220 California alone on 1 initiative on app-based taxi drivers
arguments for DD working well
- allows variation of laws between states e.g. Alabama amendment
- opps for pressure groups to be involved e.g. NRA 2014 backed measure in Alabama to strengthen 2nd amendment rights
- improves accountability of state officials e.g. Scott Waker
arguments against DD working well
- already enough checks and balances (vetoes). adds opp for stalement and limits governers to do job
- parties exploit DD to influence other election outcomes e.g. North Dakota 2018 Ds initiative on legalising of cannibis to attract young voters to vote for senator Heidi Heitkamp
- “democratic overload”- ballots long and complex increasing costs of elections