Chapter 9 - Nominating Process and Campaign Elections

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The Importance of Nominations
Important b/c US has a 2 party system which means 2 viable candidates.
5 WAYS NOMINATIONS CAN BE MADE:
1.
Self-announcement - oldest way
usually done in small towns & rural areas
person announces running for office
Today’s standards - WRITE-IN
2.
The Caucus - group of like-minded people that meets to select the candidates will support in an upcoming election.
were private meetings made by influential figures (political machines)
caucuses still used to make local nominations but now open to all members of a party.
**meeting of people who gather to make decisions of political courses of action
Also elect delegates to national convention
Replaced by convention
3.
Convention
party members meet in caucus and pick candidates and delegates
delegates sent to convention
more democratic than caucus
5 WAYS NOMINATIONS CAN BE MADE:
4.
Direct Primary - an election held within the party to pick the party’s candidates for the general election.
A. Closed Primary - only declared party members can vote to decide which candidate the party will support.
B. Open Primary - any qualified voter may vote to decide which candidate a party will support
Public - voter makes public choice of party in order to vote in the primary
Private - receive 2 ballots; in privacy of voting booth, each voter marks the ballot of the party in whose primary
they choose to vote
C. Runoff primary - (most states candidates need plurality to win nomination)
Some states - MAJORITY is needed
If no one wins MAJORITY - Runoff Primary
Runoff primary = voters must choose between the two top vote-getters.
D. Nonpartisan Primary - do not identify candidates by party affiliation.
5.
Nomination by Petition
Used at local level - this process is commonly used for nonpartisan posts.
Election laws require that minor parties get certain number of signatures before they are put on the ballot.
Primary Election
Depends on State
Why? B/c NO RULE in Constitution for nominating candidates
PRIMARY CREATED TO TAKE POWER OUT OF PARTY BOSSES
1968 - National convention took change with delegate procedures. Investigation b/c
minorities not represented amongst delegates.
McGovern - Fraser Commission - mandate no longer could party leaders handpick the
convention delegates virtually in secret
Had to be open
Delegates usually worked on candidate’s campaign
PURPOSE:
1.
Select delegates to convention
AND/OR
2.
Show voters preferences for pres candidates
3.
Delegates are chosen as electors
NOMINATING SESSION - JAN-JUNE
SUPER TUESDAY - southern states created in 1988, moving their primaries all on the same day
FRONT LOADING – recent tendency of states to hold primaries early in the calendar in
order to capitalize media attention (party will penalize)
CLOSED PRIMARY - Only declared party members can vote closed to all other
OPEN PRIMARY - any qualified voter can take part. Choose party they wish to vote for.
Independent - not affiliated with party
Reformed party = Perot, Ventura
Caucus - Closed meeting of party members in each state. Delegates select the
party’s choice for presidential candidate.
Advantage – only hard core party faithful participate
-cheaper than primary elections
-brings early exposure to candidates and issues
-still democratic b/c party members do vote
Disadvantage – relatively undemocratic b/c independents excluded
-small number choose state’s party nominee
-campaigning in Iowa – 1st caucus – expensive
Primary – special election - voters select candidates to be the
party’s nominee for President in general election.
Advantage – more democratic – registered voters choose
state’s delegates to the party convention
-brings early exposure to candidates and issues
Disadvantage – relatively expensive
-voting public doesn’t pay attention or participate b/c so
far from general election
-voter turnout low
Closed Primary – voter’s may vote if they are registered members of that
Party ex. OHIO
Advantage – relatively democratic – voters from that party vote
-prevents other party from trying to influence the election
(ex Democrats can’t try to vote in the GOP primary for
candidate most likely to lose general election)
Disadvantage – completely shuts out independent voters
- eliminates crossover voting
- requires voters to declare their party affiliation
when they register to vote
Open Primary – registered voter may vote in any party primary regardless
of party affiliation
Advantage – every registered voter can vote
- most democratic method for choosing presidential nominees
Disadvantage – political parties lose much of their control over who is
nominated
- opens doors for potential foul play from opposing party
-voters who aren’t invested in political party get to select
delegates from that state
In 1984 Democrats set aside 15% of delegate slots for public officeholders and party officials at conventions called =
SUPERDELEGATES
CAUCUSES
Meeting of people who gather to make decisions on political courses of action
Also elect delegates to national convention.
Phased out - but some states still hold
REPLACED BY CONVENTION
(usually originate at local level - party bosses Mayor Daley - Chicago; Gov. Connally - TX) = Select who went and how
voted
used to be behind doors - criticized as unrepresentative
Now caucuses opened to all voters who are registered with party - organized like pyramid
1. small neighborhood precinct - held 1st
delegates chosen on basis of preference of candidates
2. county caucus
3. Congressional district caucuses
delegates chosen to go...go to state convention....then delegates chosen...national convention
DELEGATES
What is a delegate?
- Registered citizens chosen to represent their states at their political party’s conventions prior to the
presidential election
-
Must cast their vote in favor of one candidate
Who are the Delegates?
-Often party activists, local political leaders, early supporters of a given candidate, loyal party member
-Final list of delegates is made PUBLIC along with how they placed their vote
How many Democratic Delegates?
2008 election - 4,048 Delegates at the DNC; Candidate needs 2,118 delegates’ votes (MAJORITY) to win
presidential nomination
ex. PLEDGED DELEGATES - is elected or chosen on the state and local level with the understanding that they will support a
particular candidate at the convention
***CANDIDATES are allowed on a state-by-state basis to review lists of delegates who have pledged their support and can delete
anyone whose support they consider unreliable.***
At-Large Delegate (consist of all delegates elected state-wide to the national convention except for congressional district delegates proportionally allocated)
District Delegates (consists of delegates to the national convention are elected from each congressional district - based on district
population; proportionally allocated)
PLEOs =(Party Leaders and Elected Officials) Pledged Delegates
ex. Mayor, state-wide officials, state legislative leaders, state party committee chairs, etc
(proportionally allocated based on state-wide vote)
UNPLEDGED PLEOs or SUPERDELEGATES - (825 = 2008 election) (not required to indicate a preference for a candidate)
ex. Members of US Congress, Governors, National Committee members or party leaders - Former
Presidents/ VP
Democratic Party uses PROPORTIONAL REPRESENTATION to decide how many
PLEDGED delegates are awarded to each candidate.
For instance, a candidate who wins 40% of the vote in a state’s primary would essentially
win 40% of that state’s pledged delegates.
A candidate has to receive at least 15% of the vote to get any PLEDGED delegates. If a
candidate get 14% tough luck, they aren’t awarded any delegates.
There is no official process to win superdelegates b/c they can vote for whomever they
please.
REPUBLICAN DELEGATES
TWO TYPES OF DELEGATES: PLEDGED AND UNPLEDGED
Pledged Delegates - have to indicate support for a particular candidate at the convention.
they are usually elected or chosen on the state and local level.
Unpledged delegates - are not required to indicate a preference for a candidate
A majority of Republican unpledged delegates are elected just like pledged delegates and are
likely to be committed to a specific candidate. A sizable minority of unpledged delegates
automatically become delegates by virtue of their status as either a party chair or a national
party committee person. This group is known as unpledged RNC member delegates.
INDEPENDENTS
Don’t receive delegates or hold national nominating convention
18 states don’t’ allow independents to vote in primaries at all
OHIO DOES NOT ALLOW BUT CAN VOTE ON ISSUES
IOWA DEMOCRATIC CAUCUS - 1,784 precincts
Must arrive at 6:30 p.m - door close at 7:00 p.m. There is NO ABSENTEE ballot
Must register, show ID to enter into the gym (example)
Preference group - go to candidates designated area
Undecided group - stands in the middle
Each group is counted and % support is calculated.
Caucus officials determine which candidates are VIABLE: depending on the total number present
Depending on amount of county delegates the viability threshold can be between 15% - 25% attendees.
If under 15% those delegates must find another candidate or go back to undecided or leave
Participants try to persuade their neighbors to join their particular candidate or go around
to each candidate area to see which are not viable
After 30 minutes STOP
Take another count - if all candidates viable - Delegates are assigned on the basis of their
support (their group’s %)
Delegates advance to county convention (2nd step process)
REPUBLICAN CAUCUS
Must register, show ID to enter
Take a seat and each person is given a blank piece of paper. They write the name of the
candiate they want to vote for and place it in the bucket.
Ballots are counted and depending how the state distributes delegates proceeed
accordingly.
CONVENTION
Held every 4 years to do 3 main things:
1.
nominate Pres & VP candidates
2.
determine rules that govern the party decisions
3.
make decisions on party’s issues = PLATFORM
Conventions are attended by DELEGATES
Delegates = people elected or appointed to select a party’s candidates
Number of delegates determined by state laws & party rules
CONVENTION STEPS
1. KEYNOTE SPEAKER - most important person
Presents themes that the party will feature in the forthcoming presidential campaign.
Also other influential party members will give speeches - Jesse Jackson, Edward Kennedy
1a. DELEGATES VOTE ON WHETHER TO ACCEPT THE PARTY’S PLATFORM
2. ADOPTION OF PARTY PLATFORM
Biggest controversy
Party’s position on current issues of the day
Delegates vote on whether to adopt the party platform
3. FLOOR DEMONSTRATIONS
At one time demonstrations were spontaneous
TODAY - party leaders have strict control length of floor demonstrations
4. STATE BY STATE ROLL CALL VOTE
Each state’s party leader is called upon one at a time and announces how state’s votes will be
distributed
5. President & Vice President candidates receive the majority of delegates votes and nomination
6. Election campaign underway.
7. American people vote
8. Electoral college votes
3 things are needed to project the right image to the voters are: campaign organization, money,
media attention.
Campaign Spending
Sources of Campaign Funding - private contributors and public treasury
Regulating Campaign Finance - unlawful for any CORPORATION or NAT’L BANK or
LABOR UNION/ORGANIZATION, FEDERAL GOV’T CONTRACTORS, OR FOREIGN
NATIONALS to make a money contribution for federal office
In 1974, Congress passed the FEDERAL ELECTION CAMPAIGN ACT. It had two main
goals:
1. tightening reporting requirements for contributions
2. Limiting overall expenditures.
The ACT created the following amendments:
CREATED FEC - Federal Election Commission - independent agency members (6 yr. term,
appointed by president, confirm Senate. No more than 3 commissioners may belong to
political party) set limits on campaign contributions and spending, disclosure of campaign
finance data, and administer public funds for parts of the presidential election process;
administer campaign finance laws
LAWS COMMISSION ENFORCES ARE:
1. Disclosure Requirements
- campaign finance data must be reported to the FEC whether receiving federal funding or not.
- (No person can give more $100 in CASH; any spending over $200 must be identified)
Role of PAC - Political Action Committee - special interest group have major stake in public
policy.
2 types of PAC:
1. special interest = business associations, labor unions, professional grants; “segregated fund committee raise money only from their members
2. “Unconnected committee” - raise money from public
PAC can’t give more than $5,000 to 1 federal candidate in both the primary and general election.
$15,000/yr political party
2. Limits on Expenditures
Laws made mostly for presidential election
If candidate accepts federal support, they agree to limit expenditures to a certain amount by
law.
Primaries
ex. Year 2000, $35 million in primaries given by federal gov’t as long as raised ½ money
GW Bush did not accept federal funding for primaries...accepted for general election.
Year 2008, $42 million in primaries given by federal gov’t as long as raised ½ money –
expenditures
Obama did not accept federal funding
General Election
ex. Year 2000, $80 million given by federal gov’t and don’t have to raise money.
GW Bush accepted for general election.
Year 2008, $84 million given by federal gov’t and don’t have to raise money
McCain accepted federal funding for general election
Obama DID NOT accept federal funding for general election
3. Limits on Contributions
no person may give more than $2,400 to a federal candidate or give more than $5,000/yr. to a
PAC OR $30,400 to National Party Committee
Person limited to contributions of federal candidates of $101,400 (2 year period)
4. Public Funding of Presidential Campaigns - primaries and general election (if accept
public funds)
National Political Party Conventions
Federal gov’t gives (in 2008) $16.8 million per political party to spend at convention. Must file
reports with FEC.
Primaries
Presidential candidates who raise $5,000 on their own in at least 20 states ($100,000) can get
individual contributions of up to $250 matched by the federal treasury.
General Election
EACH CANDIDATE gets a fixed amount of money to cover all campaign expenses. All money
is raised by taxpayers payment.
Year 2008, $84 million dollars in public funds
McCain accepted public funding
Obama did not accept public funding = spent over $778 million
Tax Payers (citizens)
Each person who files income tax can give $3.00 of their tax payment ($3 TAX CHECKOFF) to
the Presidential Election Campaign Fund. (last 5 years approx. 33 million taxpayers have checked
yes)
Every 4 years, the federal gov’t distributes dollars from the Fund to:
1. qualified Presidential candidates who demonstrate broad national support
2. If accept money, general election nominees agree NOT to accept any private contributions
(ex. from individuals , PACs)
3. Candidates must promise not to spend more than $50,000 of their own money on their
campaign.
Any unused funds must be returned to the US Treasury
All money in the checkoff fund are used only for presidential elections
Cost of administering program is covered under the FEC budget which is
appropriated every year by Congress.
If money would run out, the law states that priority be given first to the party nominating
conventions, then general elections, then primary election candidates. If funds insufficient for
primary elections, the Treasury would provide only partial matching funds.
LAW STATES MONIES USED FOR:
1. Preconvention Period -get public funding - raise $100,000 from individual must get in
$5,000 of at least 20 states - individual donation are matched but must be at least $250
2. National Conventions - if party needs money get it automatically by grant to pay for
convention
3. Presidential Campaign- receive public subsidy to cover costs of general election; minor
party qualify if won, 5% of popular vote
cash contribution of more than $100 must be disclosed but no more than$200 cash
any advertisements must carry name sponsoring them
Money given for federal office made through single campaign committee only they can spend
money
any contribution more than $200 reported or spending must be reported with FEC
any contribution of more than $5,000 reported to FEC within 48 hours.
$1,000 or more received in last 20 days of campaign reported
Individual committee or person spending more than $250.00 for candidate must file with FEC
1976 case Buckley v. Valeo
Senator James Buckley filed suit against Valeo, Secretary of the Senate and member of FEC who
represented the US gov’t.
SC struck down as a violation of free speech the portion of the law that had limited the amount
individuals could contribute to their own campaigns.
ex. Ross Perot spend over $60 million of own money
Wall Street tycoon - John Corzine spend over $60 million to pursuit NJ Senate seat
Another loophole - 1979 - SOFT MONEY - political contributions used for party building expenses
such as: voter registration drives, vote drives, and distribution of campaign material at grass-roots level or
for generic party advertising. NO CONTRIBUTION LIMITS.
This includes PACs - can spend unlimited amounts of money INDIRECTLY
HARD MONEY - money raised and spent to elect candidates for Congress and White House
1938 - HATCH ACT - prohibited contributions to Federal candidates from Federal workers
and Contractors and limited individual contributions to $5,000/yr.
1974 - FECA created and set limits and enforced campaign spending ($1,000 for individual
contribution; $5,000/yr)
1976 - Buckley v. Valeo
2002 McCain-Feingold Act - to close soft money and electioneering communication - DID
NOT BECOME LAW
2002 Bipartisan Campaign Reform Act (BCRA) -( McCain - Feingold sponsors)
- Banned soft money to political parties but other political groups can raise money.
- Restrictions to “electioneering communication” - any broadcast, cable or satellite
communication that clearly identifies candidate for federal office within 30 days of a
primary and 60 days of a general election and paid for by an interest group (PAC) from their
general fund
2003 - McConnell v. FEC - upheld the BCRA to prevent actual corruption; they said since PAC
are free to engage in political speech, corporations and unions are not limited in their ability to
speak but must do so through their PACs.
2010 - Citizens United v. FEC
- Corporations and unions are free to use their money to air political ads specifically calling
for election or defeat of Federal and State candidate OR Ad referring to candidates during
pre-election period but not specifically calling for election or defeat.
- Speechnow.org case, PAC can spend money in general are allowed but no direct
contributions to candidate or party.
GENERAL ELECTION
1st Tuesday after 1st Monday in November
POPULAR VOTE - (plurality) - vote cast by general public are cast for slates of electors who are pledged to the candidates for whom people wish
to vote
ELECTORAL COLLEGE
Electors meet at State capitol
Monday after 2nd Wednesday in December
special body made up of people selected by each of the states which vote for President & Vice President
Electors - members of electoral college casts 2 votes ; 1-Pres; 1 - Vice Pres
Signed and sealed and sent by REGISTERED mail to President of Senate in DC (Presiding Officer/VP)
Electoral College established by Founding Fathers as compromise between election of President by Congress and election by popular vote
The Electoral college results of a compromise at the Constitutional Convention to keep election out of the hands of uneducated - = outdated need
amendment.
Ohio has 18 electoral votes
Technically: Elector could change mind for someone else b/c nothing in writing.
State Law - have own methods to pick electors
538 electors - need 270 majority; 435 - H of R; 100 - Senate; 3 - District of Columbia - 23rd
Amendment
A majority of 270 votes required to elect President & Vice President
pg. 344
Except for MAINE and NEBRASKA = District Plan
2 electors chosen from State, others picked in each state congressional district
If no President candidate wins MAJORITY of ELECTORAL VOTES
12th Amendment = President election to be decided by H of R
House selects President by MAJORITY VOTE choosing from TOP 3 candidates who received the
greatest number of votes.
Vote would be taken BY STATE; Each STATE delegation having one vote
(If state can’t decide - don’t vote)
Constitution requires that a majority of 26 votes (states) cast
(Twice vote taken to the H of R in 1800 and 1824)
If fails to choose Pres on Jan 20 , 20th Amendment provides newly elected VP to act as Pres
No VP or Pres===> Speaker of the House
If NO Vice President wins MAJORITY VOTE by electoral college.
Senate select VP by majority vote.
Each Senator choosing from highest 2 candidates who received greatest number of votes.
Each Senator has one vote. (Senate has not chosen a VP since 1836)
January 6 to conduct OFFICIAL TALLY of votes
Congress meets Joint Session in H of R
Congress has Vice President, presiding officer and 2 Tellers appointed to OPEN , PRESENT, and RECORD
votes of States in Alphabetical order.
The new president and vice president are sworn in at NOON on January 20.
Pro the Electoral College
The electoral system is a unifying force that requires candidates to gather support from different regions of the
nation in order to win the presidency.
The electoral system is democratic since it gives states with larger populations more voting power.
The electoral system works to prevent victories by smaller lesser-known political parties (3rd parties), and
works to prevent elections from being thrown into the House of Representatives.
Cons (Against) for the Electoral College
1.
The “Winner Take All” system means that a candidate can win the election by gathering the majority of electoral
votes while losing the popular vote. Person who receives the most popular votes can lose the election.
2. There is nothing that mandates that the Electors have to be faithful to their party’s candidate, so Electors are not
bound to the candidate for which the majority of citizens in their state voted.
Several states have laws to force you to vote for your party but no one has enforced it
Faithless elector have changed their vote in 1796, 1820, 1948, 1956, 1960, 1968, 1972, 1976, 1988 could end up with
269/269 straight to Congress.
WVA elector voted for Lloyd Benson - President and Dukakis for VP
1968 - George Wallace - 46 Elector votes, Humphrey - 191 votes, Nixon - 301
3. House of Representatives could decide the presidency
4. The Electoral system gives the largest states more political power.
Reforms
1. DISTRICT PLAN - Maine/Nebraska
2 Chosen by each state by Statewide population vote and cast their electoral votes in line with the
candidate winning the most districts statewide popular vote would result in receiving the two
statewide electoral votes.
Others elected in each congressional district
The candidate that wins the most Votes by population vote in their district will get the electoral
votes
WOULD RID OF WINNER TAKE ALL
Problem: Would not eliminate possibility that loser of popular vote could win
Gerrymandering - drawing congressional lines to benefit responsibility of votes - pg. 138, 242 might
be used
2. PROPORTIONAL PLAN
Candidate receives same share of Electoral College votes as popular vote
Candidate won 40% in state with 20 electoral votes would get 8 EC votes
Problem:
Small states overweighted by 2 senators based electors
Would make it possible for the loser of popular vote to win in EC
Critics worry about 2 party system
Increase in the number of third parties
No longer need to win entire state to get electoral votes
the odds of the election to go to H or R would increase
Pg. 333 - Proportional Representation (Democrats enacted this for convention)
Anyone receiving 15% of vote in primary get that number in State’s delegates
ex.
Bradley - 40% = 40 delegates
Gore - 60% = 60 delegates
Republicans - give states discretion
ex.
California - allocate Republican delegates to whoever win most votes
Texas - award delegates to who win congressional district
In 1984 Democrats set aside 15% of delegates slots for public officeholders and party officials at conventions called =
SUPERDELEGATES
3. DIRECT POPULAR VOTE
Several obstacles for this to happen:
3 vetoes in amendment process:
1a. 1/3 +1 member can block the proposal of the amendment from either house (H of R 145+1) and (Senate 34 states)
b. 1/4 +1 of state legislatures or conventions can defeat amendment once proposed. (34 states)
(13 states)
2. Smaller states greatly over represented in EC. They would lose advantage in direct election so representatives
would oppose a direct election.
3. Weaken federalism - states would lose their role in choice of a president
Campaigning would be strenuous and financially and time consuming
Others believe every vote cast in each state would count in the nat’l election the candidates would have to campaign
strenuously in every State. Impact on campaign time, effort, and finance would be huge and unmanageable.
4. Other say is would cause voting fraud.
4. NATIONAL BONUS PLAN
102 Electoral Votes would go Automatically to winner of popular vote
If added to majority at least 321 WINNER
-If they did not add up to this amount then a RUNOFF ELECTION between the 2 front
runners in the popular vote would then be held.
-If would do away with the electors and that their plan would guarantee that the winner of the
popular vote would always be the winner of the electoral vote.
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