Campaigns & Elections

Essential Question: How do electoral processes and campaign finance laws affect political participation?

“The overflow of big money in politics drowns out the voices of everyday people...The more money you have the more speech you have. That leaves everyday people out of the equation.”

-Nina Turner, Dem. State Senator, OH

1. What is State Senator Turner addressing in this quote? 2. Do you think her argument is fair? Can speech ever be

equal?3. What would the Founders say about the nature of

campaigns and elections today?

Big Idea: Popular sovereignty is a fundamental principle in representative government, which assumes the engagement and participation of citizens.

Constitutional Authority: Article I provides “The Times, Places and Manner of holding Election for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” (Election protocol and process rests with the states)

Dates of Federal Elections: Every two years of even-numbered years on the Tuesday after the first Monday in November;

Congress’ session begins on January 3

President & vice-President’s session begins on January 20

State and Local Administration of Elections

Requirements to vote:

1. 18 years-old2. Citizen of the U.S.3. Resident of state where voting

will take place4. Non-felon (requirements vary by

state)5. Registered to vote (requirements

vary by state)

Oversight of Elections

Secretary of State (often an elected official; some state appoint)

1. Determines voter registration guidelines

2. Times/locations of voting 3. Procedures for candidates to file

candidacy4. Criteria for candidates to get

name on ballot

The Importance of County Governments

County-level elections board:

1. Counts votes & sends results to the Secretary of State2. Oversees ballot/voting disputes

Levels of Authority in Elections:

(50) State: (see duties of State Sec. of State)

(3,241) County: establishes precincts and reports results to Secretary of State

(174,252) Precinct: small geographic area of 500-1000 voters w/ polling station (school, community center, post office)

Who Governs Elections?

State FederalSets times & locations for elections (based on federal, state, and local criteria), dates

Sets date for federal, general elections

Chooses format of acceptable ballots and how to file for candidacy

Has judicial jurisdiction on election policy (federal courts oversee disputes election issues)

Creates rules and procedures for election registration

Addresses suffrage in Constitutional amendments

Draws congressional districts lines Enforces relevant civil rights legislation

Certifies election results days or weeks after Election Day

Administers and enforces campaign finance rules

Ballot Measures as Examples of Participatory Democracy

Ballot Measures

1. Developed during the Progressive Era to erode the power of elites and empower the average citizens

2. It allows citizens to directly change the law (as opposed to the state legislature passing a law)

3. In some states it allows citizens to end an official’s term early

Three types of ballot measures include: initiatives, referendums, and recalls

Washington County, Oregon Precinct Map

Citizens Law

Ballot Measures

Initiatives

An organized group of citizens that write a petition and gather enough signatures on the petition to put proposal on ballot for approval by voters

Two types:

1. Direct initiatives: goes to voters directly on election day

2. Indirect initiatives: Goes to state legislature first; if it doesn’t pass in legislatures, goes to voters for approval

Ballot Measures

Referendum: Similar to an initiative, but it gives the voters the ability to approve or reject a policy that has been passed by a state legislature before it becomes law. (usually involves taxes, bonds, and state constitutional amendments)

Example

Colorado State Legislature passes law increasing property taxes

Colorado voters can either approve or reject property tax increase.

Voters approve referendum.

Ballot Measures

Recall

Allows citizens to remove an elected official from office in the middle of his or her term (available in 19 states)

Process

1. Citizens circulate petition for signatures (# of signatures vary by state)

2. Recall petition placed on ballot3. Majority vote removes official from office

¾ of all recalls involve local official

Ballot initiatives ONLY apply to state NOT federal officials

California Governor Gray Davis (D) was recalled in 2003 and Arnold Schwarzenegger (R) was elected governor.

Road to the White House

Incumbent: an official already in office that is seeking reelection

Incumbent advantage phenomenon: using advantages a candidate has of being already in office to win reelection (see page 489)

Only President Franklin Pierce (1853-1857) failed to win his party’s nomination at the convention when running for reelection.

Primaries and Caucuses

How does a President get the nomination for his or her party to run in the general election? The candidate must win a series of primaries or caucuses in each state. Voters cast a ballot for a delegate that will support a certain candidate at that party’s convention. Each state has different methods of choosing delegates for the party convention.

Closed primary: used by ½ of states; voters must declare a party preference before election day (example: Missouri)

Open primary: used by ½ states; voters can choose party affiliation on Election Day. (example: Florida)

Blanket primary: every voter gets same ballot; can vote for candidates of competing parties (split ticket) (example: California)

Only vote for candidates in party you are affiliated with

Ohio’s Open Primary Ballot

The Importance of Iowa & New Hampshire

New Hampshire Primary: Second opportunity for candidates to win delegates; small state allows candidates to circulate state easily and meet with public; South Carolina followsFront Loading: urge of states to schedule primary & caucuses earlier to maximize exposureSuper Tuesday: day in which a large # of states hold primaries; contest narrows

http://www.youtube.com/watch?v=2A5QlpAyKSQ

An Evolution in Campaign Finance Law

Federal Elections Campaign Act (1971)

-led to controls on campaign finance spending in the 1970s-has been amended to include $1,000 to fed candidates; $5,000 to PACs-limited amount a candidate could donate to his/her campaign & how much a candidate could spend on his/her campaign-only regulated hard money (which are donations that go directly to a candidate's campaign); soft money (donations made to an organization or party) was not tracked

Buckley v. Valeo (1976) Group challenged FECA law (above) saying it violated 1st amendment of free speech; SCOTUS upheld FECA’s constitutionality with one exception…SCOTUS ruled FECA’s ban on amount individuals could contribute to own campaign unConstitutional

An Evolution in Campaign Finance Law

With soft money spending increasing… Congress passed the:

BiPartisan Campaign Reform Act (McCain/Feingold) of 2002

-banned soft money contributions to national parties-increased hard money donations by individuals to candidates-placed limits on the amount individuals could donate to his/her campaign-prohibited interest groups from paying for electioneering communications within 60 days of an election

An Evolution in Campaign Finance Law

Facts

-SCOTUS case in response to unflattering movie made about Hillary Clinton to derail her campaign

-conservative group called Citizens United filed suit against FEC saying BCRA (BiPartisan Campaign Reform Act) violated 1st amendment’s free speech clause; law violated political expression

Ruling & Reasoning

-SCOTUS ruled 5:4 that BCRA’s law limiting electioneering 60 days before election violate free speech provisions; corporations were thus like individuals and laws cannot restrict speech

-government cannot deny corporations, labor unions, and other organized groups from using treasury funds to endorse/dencounce candidate (as long as it is not coordinated with candidate)

Citizens United v. FEC (2010)

Commentary on Citizens United

An Evolution in Campaign Finance Law

Impact of Citizens United v. FEC on campaigns, elections, and American democracy:

Supporters of decision argue that…

-It retains free speech protections and prevents government infringement on individual expression in the political realm

Dissidents argue that…

-It opens the floodgates to special interests and increased spending on campaigns.

-Dark money from unknown groups decreases transparency between special interests, the public, and politicians

-Wealthy individuals and their donations to groups supporting or denouncing candidates has a louder voice than the common man

PEW: “Most Americans Want to Limit Campaign Spending”