MONEY IN POLITICS
Review & Update
LWV Money in Politics Review and Update
“This political system is awash in money. . . The effect of all
this, unfortunately, leads to cynicism and the frustration of the
American people and their lack of confidence in the system. It’s
got to change. . .”
Senator John McCain
January 12, 2012
LWV WORK ON MONEY IN POLITICS
Using this position, the League has worked toward two main goals in recent
years:
•Transparency in financing political campaigns
•Fighting big money and its corrupting influence in elections and
government
LWV POSITION ON CAMPAIGN FINANCE
• Methods of financing political campaigns should:
•
•
•
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Ensure the public’s right to know
Combat corruption and undue influence
Enable candidates to compete more equitably
Allow maximum citizen participation in the political
process
• Applicable to all federal campaigns for public office —
presidential and congressional, primaries and general
elections. May be applied to state and local campaigns.
1998-2014 EXPENDITURES
From Open Secrets.org
2014 Another Way
• House – 1442 candidates
– $1,032,840,762 raised
– Average amount raised about $716,256
• Senate – 229 Candidates
– $658,358,749 raised
– Average amount raised about $2,656,600
Based on data released by the FEC on 19 February 2015.
http://www.opensecrets.org/overview/
The First Amendment to the Constitution protects the
right of every American to speak out.
“Congress shall make no law . . . abridging the freedom of
speech, or of the press . . .”
CITIZENS UNITED DECISION
“This Court now concludes that
independent expenditures, including
those made by corporations, do not give
rise to corruption or the appearance of
corruption.”
Justice Kennedy
Writing Majority Opinion
“All speakers . . . use money amassed
from the economic marketplace to
fund their speech, and the First
Amendment protects the resulting
speech.”
(2010)
JUSTICE STEVENS’ DISSENT
QUID PRO QUO…
•
•
•
A Latin phrase that
means “this for that.”
An explicit agreement
by a candidate or
elected official to
perform a specific act
in exchange for
something of value.
The only kind of
corruption the
Supreme Court
recognizes is quid pro
quo.
Hard Money
Money in Elections
Lobbying
Candidates
•Caps on
Contributions
•Disclosure
Fundraising
Bundling
Soft Money
Dark Money
501(c)(4)'s
•No Disclosure
•No Cap on
Contributions
•Expend Only 50%
On Electioneering
Political Parties & PACs
Caps on contributions
Disclosure
Super PACs
•Independent Expenditures
•No Caps on Contributions
or Expenditures
Results of Citizens United
Donations 2016 Election Cycle
Outside Money vs Candidate Committee
Jeb Bush (R)
Hillary Clinton (D)
Ted Cruz (R)
Bernie Sanders (D)
Ben Carson (R)
Marco Rubio (R)
$103,222,384
$24,814,730
$20,291,679
$77,471,604
$38,634,164
$26,567,298
$25,044
$41,463,784
$6,844,987
$31,409,509
$17,315,782
$15,515,638
Dark Money (in blue)vs candidate committee money(black)
Current Issues Post Citizens United
• Role of Congress limited
due to Supreme Court
decisions.
• Supreme Court ruled
First Amendment
ensures that speech
cannot be limited.
• Corporations granted
same free speech rights
as individuals by
Supreme Court.
• Definition corruption
narrowed quid pro quo.
The role corporations and influence in government is an
historical problem.
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Arguments Against Campaign Spending
Restrictions
•
•
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•
•
Combat corruption and undue influence in government
Prevent distortion of election process by big spending
Enhance political equality
Enable candidates to compete equitably
Reduce time and effort elected officials and candidates
expend on campaign fundraising
• Ensure transparency and disclosure so voters may be
informed
Arguments For Unlimited Campaign Spending
• Money allows the funding of modern communications,
which is essential to reach voters
• Political communication informs the voters
• A candidate taking contributions does not mean if elected
that official will do favors for the contributor
• First Amendment guarantees free speech
..
Proponents of limits see the issue
Regulatory Approaches
• Adopt a Securities and Exchange Commission rule
governing corporate political expenditures.
• Strengthen and enforce 501(c)(4) political activity rules
by the IRS.
• Enforce campaign finance laws (action by the FEC and
state regulatory agencies)
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Federal Election Commission
• Six member bipartisan
federal commission
• Enforcement, regulatory,
and interpretive authority
over federal campaign
finance law.
• Four votes required to act.
Congressional Options
Congress can pass laws to
•
Require disclosure of donors
who fund through outside
spending
•
Tighten rules governing
coordination spending
•
Adopt public funding for
candidates for all federal
offices (more states could also
adopt public financing)
•
Prohibit members of Congress
from fundraising from
interests they most regulate
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Additional Approaches
• Seek to have Buckley and/or
Citizens United overturned
by the Supreme Court
• Work electorally for a
Congress comprised of
members committed to
reform (action by the
grassroots)
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Constitutional Amendment Solution
• Proposal for Constitutional
amendments to reform MIP
• 16 states have called for this solution
•
Opponents criticize lengthy
process
•
Proponents say would
generate public awareness
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VOTE!
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Local Elections
State Elections
National Elections
Encourage your friends,
families and neighbors
to be active, involved
citizens like you!
Come join the effort
and become a member
of LWV, if you are not
one already!
Discussion Points
• What should be the goals of campaign finance reform?
• In what ways does the First Amendment limit reform of MIP?
• Should we look beyond the First Amendment to other
Constitutional principles?
• Is public funding of campaigns a viable way to prevent
corruption?
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