Election Reform and Campaign Finance Reform

I. The Primary ProcessA. Major criticism has been directed at the media hype of

the Iowa Caucus and the New Hampshire Primary as a “make or break” contests.

1.The media tends to coverage who has the best events, and the best crowds rather than focusing on policy differences.

2. Name recognition is huge in the primary process.-Early “victories”* can give candidates momentum and can

help them raise money to produce more ads.3. Many people argue that the early states are not representative of the nation and don’t pick the best candidates.4. Some states have moved up their primary, known as frontloading.

II. Campaign Finance ReformA. Funding is a key ingredient for any campaign.

1. Many elected officials complain about spending so much time fundraising.

2. Others worry that those who contribute the most are very influential in the types of policies our politicians pursue.

B. Federal Election Campaign Act (1971)

A. Required the disclosure of any donations over $100.00

B. 1974 Federal Election Commission created and established matching funds for candidates.

-If candidates accept matching funds they must agree to funding restrictions and must disclose their donors.

C. Most of the law was upheld in the Buckley v. Valeo decision, except how much people could spend in other ways besides donating directly to a candidates campaign.

1. This opened the door to soft money.-Soft money is money donated to political parties, interest groups and PACs rather than donating directly to a candidate in order to avoid donation restrictions.

A. Political Action Committees (PACs)

1. Organizations formed to raise money to influence an election(s).2. PACs cannot receive or give more than $5000.00 from or to any individual.

B. Independent Expenditure-Only Comities (Super PACs)

1. Can raise unlimited amounts of money but cannot be in contact with the candidate and must disclose who their donors are.

• http://www.colbertnation.com/the-colbert-report-videos/379369/march-30-2011/colbert-pac---trevor-potter

C. Charity/Social Welfare Groups1. Many Super PACs have created 501c4 or other similar groups whose “primary purpose” is to promote social welfare.2. Donations to these groups do not require disclosure. 3. After donors make a donation to the 501c4 group, that group then makes a donation to the Super PAC and only names the 501c4 group as the donor.

http://www.colbertnation.com/the-colbert-report-videos/398531/september-29-2011/colbert-super-pac---trevor-potter---stephen-s-shell-corporation

http://www.colbertnation.com/the-colbert-report-videos/398532/september-29-2011/colbert-super-pac-shh----the-donating-game

C. Bi-Partisan Campaign Reform Bill(McCain-Feingold)

1. Prohibited parties and “527 groups” from spending soft money in national elections but raised the amount individuals could donate.2. Prohibited corporations and unions from

running ads that named a candidate within 30 days of an election.

D. Citizens United V. FEC (2010)

A. The Supreme Court overturned McCain-Feingold and further ruled that corporations and unions could make unlimited political donations.-This was one of the key factors that led the

proliferation of PACs and Super PACs before the 2012 election.

http://www.upworthy.com/an-awesome-history-of-money-in-politics-in-three-delightfully-nerdy-minutes

III. The Electoral CollegeA. Many have argued that the nation should replace

the electoral college with a popular vote. Criticisms

1. Candidates only campaign in the swing states2. Winner take all systems in most states increase the likelihood that a candidate can win the popular vote but lose in the electoral college.

-also makes it difficult for 3rd party candidates3. It is undemocratic because people don’t vote directly for the president.

B. It has been difficult to change because “smaller” states tend to favor the electoral college and their votes are amplified in the Senate.C. People are also resistant to change.