POLSCI 242 Lecture Notes - Lecture 4: Federal Election Campaign Act, Bipartisan Campaign Reform Act, Campaign Finance In The United States
8 May 2018
School
Department
Course
Professor
POLISCI Campaign Finance
Lecture Notes 9.09.15
Campaigns and technology
o Internet makes communication instantaneous and allows candidates to interact with
voters differently
▪ Ex: Rand Paul 2016 mobile apps
• News and updates
• Donate money
• Endorse Paul online
• Photo booth section - #StandWithRand – was conducting a filibuster
Campaign finance overview
o 1971 Federal Election Campaign Act - designed to increase disclosure of contributions for
federal campaigns
▪ Individual campaign contributions are indexed to inflation
▪ Candidate committees can distribute money to other candidates in other states
o Hard money vs. Soft money
▪ Soft money only used for small set of purposes
▪ What is expressly advocating for a candidate?
▪ Bipartisan Campaign Reform Act (2002) – partially passed because of 2000
contesting of ads
• Outlawed soft money
• Coordinated vs. independent expenditures
o Independent expenditures – unlimited amounts of money that does
not coordinate with any candidate (can be on behalf of the candidate)
• I’m John Smith and I approve this message
o Independent groups (KNOW THE COORDINATION ASPECT)
▪ 527 – tax-exempt group, raises $ for political activities
• Discloses spending to IRS
• Ex: Emily’s list
• Cannot donate to candidate or PAC or coordinate with them
▪ 501(c)4, (c)5, (c)6 – tax-exempt, can engage in politics but cannot be primary
purpose
• No disclosure requirements since the primary purpose is not political
• Ex: US Chamber of Commerce
• Can, for example, carry out attack ads as long as politics is not the the
primary purpose
• Cannot donate to candidate or PAC or coordinate with them
▪ Super PAC – PAC that pays for communicates to support or oppose a candidate
• Cannot donate to candidate or PAC or coordinate with them
• Discloses spending to the FEC
o Shell corporations give money to (c)4 and the (c)4 can donate to the super PAC (YAY A
LOOPHOLE)
Courts and campaign finance
o What is the primary constitutional issue federal courts consider?
▪ FREE SPEECH – political speech
o Why might some regulations be permissible?
▪ Fear of corruption
▪ Rights of individuals vs. group/societal interests
Free speech and campaign finance
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Campaigns and technology: internet makes communication instantaneous and allows candidates to interact with voters differently, ex: rand paul 2016 mobile apps. Campaign finance overview: news and updates, donate money, endorse paul online, photo booth section - #standwithrand was conducting a filibuster, 1971 federal election campaign act - designed to increase disclosure of contributions for federal campaigns. Courts and campaign finance: free speech political speech, why might some regulations be permissible, fear of corruption, rights of individuals vs. group/societal interests. General public views lobbying and campaign contributions as bribes: access or influence, access: having access to a candidate (meeting with them, having a conversation, etc. ) Limit on contributions - k indexed to inflation. Limit on spending - million indexed to inflation for the house, million indexed to inflation for the senate, million indexed to inflation for presidency. Close tax loopholes: no super pacs, no more 501(c)s. Overall contribution limit to k indexed to inflation.
