Presidential Elections and Campaign Finance
From Iowa to the White House
The way it was…
In the past, voters had little, if any, say in who became the presidential nominees. Party leaders chose presidential nominees.
Primaries were “advisory.”
Caucuses and conventions used to entail bargaining among party elites in “smoke-filled rooms.” Conventions were more dramatic
Photo from americanrhetoric.com
1968 Democratic National Convention
With Vietnam war raging, Lyndon Johnson doesn’t seek reelection.
Hubert Humphrey wins the nomination, despite not entering a primary. Anti-war protesters who support Eugene McCarthy are outraged.
Photo from npr.org
Humphrey loses to Nixon in November.
McGovern-Fraser Commission
Designed to make delegate selection process in the Democratic Party “open, timely, and representative.” Major changes
Delegates chosen through primary or caucus open to all Democrats in state. Delegates are not “winner-take-all.” (Not necessarily true of Republicans). Delegates became more representative (i.e. more women and minorites). Some argue newer candidates are less “electable.” Less effective politicians (Jimmy Carter as the example).
Drawbacks?
Changed the drama of conventions While McGovern-Fraser specifically dealt with Democratic party, most of the changes were later adopted by Republicans.
The increase in primaries
Understanding primaries
Most state parties felt primaries were easiest way to implement McGovern-Fraser provisions.
In 2004, 35 states had primaries and 15 had caucuses.
Primaries are elections between candidates of the same party, vying for a party’s nomination in the general election.
In Democratic presidential primaries, any candidate who gets 15% of the vote or more gets proportionate share of delegates per district. Republicans in each state can choose proportional or winner-take-all.
Most primaries are “closed,” which means only registered members of the party can vote.
What is a caucus?
Before McGovern-Fraser, caucuses were usually run by party bosses.
Now open to everyone in the party.
Book describes caucus process as a pyramid neighborhood/precinct county district state national Delegates are chosen based on what candidate they support.
The primary and caucus system
Key Dates:
Iowa caucuses: Jan. 19 New Hampshire Primary: Jan. 27 Super Tuesday: March 2 (includes Minnesota caucuses).
Frontloading: “The recent tendency of states to hold primaries early in the calendar in order to capitalize on media attention” (EWL, p. 264). Why frontload?
Early primaries had disproportionate influence. More attention from media, candidates, etc.
Does more democratic mean better?
Criticisms of the primary and caucus process
Too much attention paid to early states Money plays too big of a role Low turnout makes process unrepresentative Too much power is given to the media
Out of Order, Thomas Patterson.
Media now plays the role of older party leaders.
Possible alternatives?
National or regional primary.
National Conventions
In the past, conventions were full of drama. Today, winner is known before the convention.
Delegates are chosen through primary and caucuses. Conventions now typically used to get out party message.
Superdelegates: “National party leaders who automatically get a delegate slot at the Democratic national party convention” (EWL, p. 263).
Photo from pbs.org
The Electoral College
http://go.hrw.com/hrw.nd/arbiter/pRedirect?project=hrwonline&siteId=2598&pageId=14476
Brief history of the Electoral College
Debate arose at the Constitutional Convention about how to elect a president.
Options: Senate chooses president, state legislatures pick, direct democracy. All had flaws in the eyes of the Framers. Appointed Committee of 11 to decide how to elect the president.
Electoral College is chosen: people vote for electors, who then choose the president.
Originally, electors were supposed to be the most knowledgeable citizens. Today, they are party loyalists.
How the Electoral College works
Each state receives electoral votes equal to the number of U.S. senators (always two) plus the number of representatives (population based)
Examples – North Dakota has 3 electoral votes (2 senators+1 representative). Minnesota has 10 electoral votes (2 senators+8 representatives). California has 55 electoral votes (2 senators+53 representatives). If no candidate gets 270 votes, House of Representatives decides presidency.
270 electoral votes needed to win presidency.
How E.C. works, continued
Forty-Eight states have a “winner-take all” system.
All electoral votes go to candidate with a PLURALITY of votes. Hypothetical 2008 Presidential Election: Minnesota results: Bill Frist (R) 31% Hillary Clinton (D) 35% (Receives all 10 electoral votes) John McCain (I) 34% Maine and Nebraska are the exceptions
Electoral votes are divided by Congressional districts.
What states do candidates visit?
The battleground states
Debating the E.C.
Arguments against
1.
Arguments in favor
1.
2. 3.
4.
Can win the popular vote and lose the election. Certain states get ignored. Biased towards small states, violates 1 person 1 vote. Biased against third parties.
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3.
Imagine Florida in 2000, times 50. Prevents candidates from running up votes in one area of the country. Protects the power of the states in a federal system.
Campaign finance
1974 Federal Election Campaign Act (FECA)
Two main goals:
1. 2.
Limit expenditures/contributions Increase reporting of funds. Created six-person Federal Election Commission (FEC), which oversees and enforces finance laws. Created public funding of presidential campaigns ($75 mil in ’04). Partial funding (matching funds) in primaries. Required full disclosure www.opensecrets.org Limited contributions ($1,000 for individuals to candidates, $20,000 parties, $5,000 PACs.).
Important aspects:
1. 2. 3. 4. 5.
Political Action Committees (PACs)
PAC: Fund-raising group created by 1974 FECA that pools money from individuals to donate for political purposes. Must register with the FEC.
As of 2004, there were 3,868 PACs registered with the FEC. PACs can be associated with businesses (AT&T), labor (SEIU), industries (SixPAC), single-issue groups (NRA, EMILY’s List), politicians (leadership PACs). Big givers. Can donate up to $5,000 to a candidate per election cycle.
Want both access to politicians and to maximize number of like-minded politicians.
Buckley v. Valeo (1976)
Court ruling that upheld most of 1974 FECA
Argument against FECA said limiting contributions limited free speech.
Court ruled there could be some limit on contributions, EXCEPT what individual candidates contribute to their own campaign.
Allowed Ross Perot to spend $60 mil. on his own presidential campaign in 1992.
Court argued unlimited contributions can make government look corrupt, which is bad for democracy.
1996 and the rise of soft money
Soft money: Money spent by parties on “party-building activities.”
Unlimited donations to the party. Couldn’t be given to the candidates directly.
Hard money: Raised and spent in accordance with campaign finance laws. Bill Clinton pushed the limits on soft money, especially in 1996 election.
Appeared in “issue ads” funded through soft money, in which he never explicitly said “vote for me.”
Parties raised $100 mil in soft money in 1996, close to $500 mil in 2000.
McCain-Feingold (BCRA)
Official name: Bipartisan Campaign Reform Act
1.
2.
3.
Banned soft money Raised amount individuals could contribute to campaign from $1,000 to $2,000, party from $20,000 to $25,000; both indexed for inflation. Other limits raised. Barred issue ads within 60 days of election.
Supreme Court upheld most provisions in McConnell v. FEC.
Kept many of court’s previous rulings from Buckley.
The rise of 527s
Soft money ban really applied to political parties
Didn’t ban soft money spending among outside groups
Tax exempt 527 groups, named after section of IRS tax code, exploded in number in 2004.
Can run issue ads, mobilize voters, etc. as long as they aren’t coordinated with campaigns.
Examples: Swift Boat Veterans, MoveOn.org. Spent roughly $405 mil. in 2004 election cycle.
Possible reforms
Total public financing for campaigns
Problem: Who gets money? How much? (e.g. where do third parties fit in)?
Deregulate and disclose Free air-time for candidates (similar problems as full public financing). Eliminate PACs, regulate 527s.