Texas Government 2306—Unit 3 Lecture Notes UNIT 3—VOTING AND ELECTIONS VOTING Political participation is an important component of a democratic political system. Although the rules of the political system have been gradually liberalized both nationally and in Texas to allow for increased political participation, political involvement by the citizenry has not increased as expected. Research indicates that individuals participate in varying degrees. Voter turnout can be measured in two ways: the percentage of registered voters voting or the percentage of the voting-age population voting. Voting-age population is the preferred measure because it eliminates variations in state voting requirements and elections that can influence voter turnout. Political participation in Texas, as measured by voter turnout, has historically ranked well below the national average. A variety of factors can effect voter turnout: the time of the election, the perceived importance of the election, and the day of the week. Factors that have contributed to the low voter turnout in Texas are many. The combination of traditionalistic and individualistic political cultures in Texas has had a decisive impact. The traditionalistic political culture, a remnant of our "Old South" heritage, does not encourage or emphasize political participation. Texas's legacy of restricted ballot access has also played a decisive role in its low voter turnout. The annual poll tax, legal until ruled unconstitutional in 1966, was a barrier to the poor, who were often disproportionately African American or Hispanic. Annual, early registration also discouraged participation. Use of the white primary, ruled unconstitutional in 1944, prohibited African Americans from voting in the Democratic primary election. The property ownership requirement for voting in local and bond elections, ruled unconstitutional in 1969, was an additional barrier. Women were unable to vote in Texas until the passage of the Nineteenth Amendment to the U.S. Constitution is 1920. Clearly, Texas had a pattern of limiting political participation to primarily wealthy white men. Federal government intervention, in the form of U.S. Supreme Court decisions, and congressional legislation, has forced Texas to eliminate these restrictive practices. Today, Texas requires that a voter be 18 years of age, a U.S. citizen, and registered 30 days before the election. Despite the elimination of most past restrictions and today's easy access to voter registration through a permanent registration system and the use of mail-in voter registration cards, Texas has not experienced a significant increase in the level of participation. In a ranking of all 50 states, Texas still ranks near the bottom on voter turnout in elections. This is due, in great part, to various social and economic factors. Lower educational levels, family income and average age of the state 17 Texas Government 2306—Unit 3 Lecture Notes population all contribute to our lower voter turnout. The large minority population in Texas is an additional factor impacting political participation. Minority voter turnout is lower than that for whites. Lastly, Texas's long tradition as a one-party Democratic state has contributed to voter apathy and disinterest. As Texas slowly moves toward twoparty status, voter turnout should increase. In time, the residual effects of the past restrictive practices will likely decline. As income and educational levels rise, and as immigration from other regions of the country by people from other political cultures continues, political participation will continue to increase. A. POLITICAL PARTICIPATION political participation is taking part in activities that are related to governance Types and frequency of participation by American citizens o running for public office -- <1% o becoming active in political parties and campaigns -- 4-5% o contributing money to campaigns -- 10% o wearing a button or bumper sticker -- 15% o writing or calling a public official -- 17-20% o belonging to a political organization -- 30-33% o talking to others about politics -- 30-35% o voting -- 30-50% o not participating -- 30-45% Voting at national level is lower than in most other industrialized nations Participation in state politics is lower than at the national level and lowest at the local level Voter turnout in Texas ranks near the bottom (42nd to 46th) in both national and state elections B. VOTER TURNOUT IN TEXAS The two ways voter turnout can be expressed 1. The percentage of registered voters voting 2. The percentage of the voting population voting The preferred measure It discounts the variations in state voting requirements, thus comparing states on same basis Texas voting turnout is low In presidential and congressional elections from 1976 to 1994, Texas ranked from 42nd to 45th 1998-Tx. ranked 46th in percent of eligible voters registered to vote 1998-Tx. ranked 47th in percent of eligible voters who go to the polls Voting turnout in elections held in November of odd-numbered years is often below 10 percent of the voting age population Voting turnout in the March party primary elections may fall below 10 percent of the voting-age population 18 Texas Government 2306—Unit 3 Lecture Notes Local election voter turnout (city council and school board elections), generally held in May, may be below 5 percent of the voting-age population C. FACTORS AFFECTING VOTER TURNOUT There are several factors affecting low voter turnout: The Texas traditionalistic/individualistic political culture discourages participation Texas's past legacy of restricted access to the ballot still impacts voter turnout Other social, economic, and political factors also contributed to the low voter turnout Similar to other southern states, Texas had a history of restrictive voter registration laws Actions by the federal government--court decisions and federal laws-removed most of these restrictions Three states have "same-day-voter registration: Maine, Minnesota, and Wyoming--all with moralistic or a combination of moralistic-individualistic political cultures Moralistic political culture encourages voter participation and involvement Most states require voters to register before election day--from two to sixty days before the election Texas voter requirements today are similar to those found in most other states: Be 18 years of age Be registered 30 days before the election Be a U.S. citizen Texas, similar to thirty-two other states, allows registration by mail The legacy of restricted ballot access in Texas Although it is now easy to register and vote in Texas today, this was not always true Texas' traditionalistic political culture contributed to restricted access to voting Although past restrictions were removed by federal laws or court decisions, they still have an effect today The poll tax payment was adopted by Texas legislature, with voter approval, in 1902 It was aimed primarily at Populist movement which had organized low-income white farmers into coalition that threatened the establishment within Democratic party The poll tax of $1.75 was large sum of money for poor farmers in early 1900s It particularly hurt ballot access of African Americans, who were disproportionately poor 19 Texas Government 2306—Unit 3 Lecture Notes It had to be paid each year between October 1 and January 31 to vote in primary election held in September, nine months later It was eliminated in federal elections by the Twenty- Fourth Amendment to U.S. Constitution in 1964 It was ruled unconstitutional by U.S. Supreme Court for all elections in 1966 Once it was abolished, voter registration increased 41 percent from 1964-65 to 1968 Residency requirement: one year in state and 6 months in county The annual registration system was particularly onerous A person had to register between October 1 and January 31 It had to be done at the courthouse For minorities, a trip to courthouse could be an intimidating experience and many would avoid it A Court decision in 1971 prohibited annual registration systems It was replaced by a permanent registration system Persons may register by postage-paid voter registration form Voters receive a new voter registration card every two years Voters who move must reregister at their new address because new voter registration cards are not forwarded to new address, but returned to voter registrar and voter's name is removed from the list Voter registration increased by almost 1.4 million in 1972, the first year permanent registration was used All states now use some form of permanent registration The white primary was used from 1923 until it was declared unconstitutional in 1944 It prohibited African Americans from participating in the Democratic party primary election Because there was only occasional opposition by Republicans at this time in the general election, the Democratic primary became the "general election" This was first done by state law, and when that was declared unconstitutional, it was done by rules of state Democratic party The U.S. Supreme Court ruled in 1935 that political parties were private organizations and could decide who could participate in their primary elections The U.S. Supreme Court ruled in 1944 that political parties were "agents of the state" and could not exclude people from participating in primary elections because of race Property ownership was used in Texas and many states These restrictions applied primarily to local elections, especially bond elections 20 Texas Government 2306—Unit 3 Lecture Notes The reasoning was that local governments were primarily financed with property taxes and renters did not pay a property tax It could be argued that renters indirectly pay a property tax, because higher property taxes often lead to higher rents Property requirements were eliminated in the 1970s when permanent registration was adopted Women were denied the vote until the Nineteenth Amendment was adopted in 1920 In 1918 women were given the right to vote in primary elections In 1919, Texas became the first southern state to approve the Nineteenth Amendment These factors, in keeping with Texas's traditionalistic political culture, discouraged participation Elimination of these restrictions has increased the number of registered voters Due to the residual effect of these restrictive practices, the level of participation remains low, ranking near the bottom of all 50 states Social and economic factors also influence voting turnout Educational level--the well-educated are more likely to vote; Tx: educational level in Texas is below the national average—this lowers the Texas average Family income--high-income are more likely to vote; Tx.: per capita income in Texas is below the national average—this lowers the Texas average Minority status--African Americans and Hispanics vote at lower rates than do whites due in part to lower income and educational levels and a higher percentage of young people in these groups; Tx.: percent of population that is nonwhite is above the national average—this lowers the Texas average Age is a factor--young voters are less likely to vote or become involved politically The level of party competition influences turnout Texas' long history of being a one-party Democratic state has lowered competition Two-party states experience higher voter turnout Regional variations Voter participation is lowest in states of Old South Lower voter rates have less to do with region and more to do with the history of restrictive voter requirements, lower income and educational levels, and the presence of the traditionalistic/individualistic political culture Voter turnout in southern states is increasing as past restrictions are removed, income and educational levels increase, two party 21 Texas Government 2306—Unit 3 Lecture Notes competition increases, and immigration from other regions of country by people of other political cultures Other factors affecting voter turnout The time of the election--higher turnout occurs in the November general elections than in off-year, non-presidential elections Primary election turnouts are lower than in the general election Local elections, held in Texas in May, have the lowest turnout due to a variety of factors (less visibility, less media attention, and a perception that they are not as important) The day of the week--Tuesdays seem to have a higher turnout than Saturdays (local elections) Longer election periods, as in Europe, might increase voter turnout ELECTIONS Free and open elections are one of the key essentials to any democratic system of government. Elections give the voters a voice in choosing governmental officials and expressing opinions on public policy issues. They also provide a means for an orderly transition of power from one party or individual to another. Finally, elections confer legitimacy on government. In spite of the vital role elections play, many citizens fail to participate in the electoral process. Elections are regulated by a number of factors: the U.S. and Texas constitutions, and by federal and state law. Institutional factors such as election cycles, ballot access, the timing of elections, and campaigns all influence the conduct of elections and voting behavior. Ballot form is said to influence voting behavior. The party column ballot, used primarily in rural counties, is thought to encourage straight-ticket voting, a practice that has historically helped Democrats but may now be working in favor of Republicans. The office block ballot, used in most metropolitan counties with computer-readable ballots, supposedly discourages straight ticket voting. Every state has certain requirements candidates and political parties must meet to appear on the November general election ballot. The Texas Election Code provides three ways for names to appear on the ballot. A candidate desiring to run as an independent or third party candidate must file a petition with a specified number of signatures of registered voters. The number varies, depending on whether it is a state, multi-county, or county position. Statewide candidates must gather signatures of registered voters equal to 1% of the vote for governor; multi-county candidates must gather signatures of registered voters equal to 3% of the vote for governor; county or local candidates must gather signatures of registered voters equal to 5% of the vote for governor. Only registered voters not voting in the primary elections of other parties in that election year can sign the petition, a requirement 22 Texas Government 2306—Unit 3 Lecture Notes that eliminates many politically active citizens. Write-in candidates must file as a write-in candidate and register with the Secretary of State prior to the election for their votes to be counted. Their names must be posted at the election site. Failure to register means a write-in candidate can win the largest number of votes and cannot win! Parties whose candidate for governor received between 1 and 19 percent of the total votes cast in the last general election are exempt from the petition requirement and must nominate their candidates in a party caucus or convention. Parties receiving 20 percent or more of the total votes cast for governor in the last election must nominate their candidates in primary elections. The United States has used three different types of nomination systems. Nomination is the process of how a political party selects its candidates. From 1789 until the 1830s the caucus method was used. Party leaders, usually elites, gathered in closed meetings-caucuses—and selected their party’s candidates. From the 1830 until the first decade of the 1900s, the party convention method was used. Delegates, usually elites and party activists, were selected as delegates to attend their party convention. The delegates at the party convention chose the party candidates. One study revealed that only about 5% of Americans would ever serve as a delegate to a party convention in their lifetime. Since the early 1900s, the party primary method is used by the two major parties to nominate their candidates. This puts the power to select the party’s candidates in the hands of the voters, a much broader group than in either the party convention method or the caucus method. Party primaries as a method of nominating candidates was a progressive reform adopted at the turn of the century to democratize the candidate nomination process. There are four types of primaries: the closed, the open, the semi-open (Texas-type), and the blanket/mixed type. The closed primary requires voters to declare their party affiliation when they register to vote. Texas uses the semi-open primary, which allows voters to choose to vote in the primary of either party on Election Day. By choosing to vote in one primary, voters are "declaring" themselves for that party. Open primaries allow crossover voting--when voters leave their party to vote in the other party's primary. Blanket/mixed primaries list all party’s candidates on one ballot and voters and go back and forth and vote for candidates in different parties—but only one candidate per race. Nine states, including Texas, require runoff primaries when no candidate receives a majority of the vote in the first primary. Minority candidates allege that this is racially biased and hurts minority candidates. Until 1970, filing fees for candidates wanting to run in a primary in Texas were quite high, to pay for the cost of the primary election. The courts ordered Texas to lower the fees, thus forcing the state to assume some of the financial cost of the primaries. The effect of this reform was to encourage more candidates to run for office. In 1965 Congress passed an important federal statute that had a dramatic effect on elections in many states. Designed to protect the voting rights of racial and ethnic minorities, the Voting Rights Act allows the federal government to oversee state and 23 Texas Government 2306—Unit 3 Lecture Notes local elections in states that had a history of denying minorities the right to vote. The law was extended to Texas in 1975. Among the provisions in the act are bans on racial gerrymandering, character tests, and literacy tests. A bilingual provision requires that all ballots are printed in both English and Spanish in Texas and other states with sizeable language minority groups. In 1979 another change occurred in Texas, the replacing of absentee voting with early voting, a reform designed to encourage greater voter turnout. This change essentially allows anyone to vote absentee without the prior stringent requirements. For early voting the polls are open from 7 a.m. until 7 p.m. from seventeen days before an election until four days before the election. In U.S. history, three types of ballots have been used: the oral ballot, the party ballot, and the Australian (secret) ballot. From 1789 until the 1830s the oral ballot was commonly used. Voters simply gave their candidate choices to an election official who marked them down on a tally. There was no paper ballot and the vote was clearly not confidential and private. From the 1830s the party ballot was used. Each party printed their own ballot. Because they differed in length and were often of different color, a voter’s choices were not confidential. Also, that encouraged straight ticket voting (voting for all of the candidates of one party) rather than split ticket voting (voting for candidates of both parties). In the first decade of the 20th century, the Progressives pushed for the adoption of the Australian (secret) ballot. The Australian or secret ballot is printed by the government. The ballots are uniform in size and color and list the candidates of the two major parties (and sometimes the candidates of minor parties.) CAMPAIGNS The nature of campaigns in Texas has changed dramatically in the last several decades. The rise of the media, especially television, has changed campaigning from primarily a local affair to a much larger arena, due to heavy media coverage that follows the candidates. Mistakes and gaffes are more easily caught and reported throughout the state. The tremendous cost of television advertising has led to the use of the 30second sound bite commercial, a development that is not very conducive to much discussion of the issues. The increasing use of professional campaign consultants adds to the cost of running for office and leads to the packaging of candidates, both troubling developments. The cost of running for statewide office in Texas is now running into the millions of dollars, discouraging potential candidates who either are not wealthy or lack access to "big money." These developments make PACs increasingly important as a source of money to run a campaign, further increasing the influence of big money and outside interests. The fear is that PAC money buys access and perhaps, even the votes of elected officials. Although Texas law requires candidates and PACs to file reports with the Texas State Ethics Commission naming contributors giving over fifty dollars, this information is not generally given significant media 24 Texas Government 2306—Unit 3 Lecture Notes coverage and leaves citizens with the difficult task of finding out this information for themselves. These recent campaign trends are troubling and clearly threaten the very nature of our democracy. By the time candidates are elected, the question must be asked--are they more beholden to their major financial contributors than to their constituents? KEY TERMS absentee voting: a practice allowing voters unable to be present at the polls on election day to vote, often by mail. blanket primary: a system that lists all candidates on one ballot, regardless of party affiliation, categorized by the office for which they are running, allowing voters to switch parties between offices. closed primary: a system that requires voters to declare their party affiliation when they register to vote. crossover voting: occurs when voters leave their party and vote in the other party's primary. early voting: a practice allowing voters to vote early, without the restrictions attached to absentee voting. blanket/mixed primary: a primary system that lists all candidates on the same ballot by office, with party affiliation designated, allowing the voter to vote for one candidate per office, skipping from one party to another office-block ballot: candidates are listed on the ballot under the office for which they are running, a format that supposedly discourages straight ticket voting. open primary: a primary system that allows the voter to vote in any party's primary without a party declaration. party-column ballot: candidates are listed on the ballot in columns under their party designation, a format that supposedly encourages straight ticket voting. primary election: a preliminary election by registered voters to nominate a candidate for office, instituted to democratize the candidate selection process. runoff primary: required in some states (in Texas and most former Confederate states) if no candidate receives a majority of the vote in the first primary. Texas-type primary (semi-open primary): a primary system that allows the voter to choose to vote in the primary of either party on election day; in doing so the voters have "declared" for the party in whose primary they vote; the system used in Texas. Voting Rights Act: a federal statute passed by Congress in 1965 (and amended several times since then) that allows the federal government to oversee elections at the state and local level to protect the voting rights of racial and ethnic minorities; provisions include a ban on racial gerrymandering, a ban on the use of literacy and character tests, and a bilingual ballot requirement. PRIMARIES 25 Texas Government 2306—Unit 3 Lecture Notes A. REASONS BEHIND THE ADOPTION OF THE PARTY PRIMARY 1. The party primary was advocated by those in the Progressive Movement in the early years of the twentieth century to democratize the candidate nomination process 2. The party primary replaced the party convention method of nominating candidates 3. The party convention method of nomination often included backroom deals and the corrupting presence of party bosses and political machines 4. The party convention allowed very few people ever to be included in the candidate nomination process--just party activists and elites 5. In contrast, the party primary took the nomination process out of the hands and control of party bosses, political machines, and party leaders, and put it into the hands of the voters 6. This change democratized the process by significantly enlarging the number of people involved in the candidate selection process 7. Another advantage of the primary method of nominating candidates is that it serves as a proving ground for candidates, exposing them to the scrutiny of the voters and the media before they receive the party nomination 8. Critics of the party primary method argue it has weakened the parties by allowing any candidate to run for the party's nomination, regardless of how little commitment they might have to party ideals and issue stands--thus, party labels mean even less today 9. Critics believe that the primary adds to the expense of running for office, further escalating election costs and discouraging people from running for office 10. Critics also charge that the primary lengthens the campaign period, leading to voter boredom, apathy, and turnoff--which all lead to lower voter turnout 11. A last criticism levied against the party primary method of nominating candidates is that because voter turnout is often low, it allows the extremists within both parties (who are often the party activists-conservatives within the Republican Party and liberals within the Democratic Party) to determine the party nominees B. OPEN PRIMARY 1. Open primaries allow the voter to vote in any party primary without a party declaration 2. A voter conceivably could vote as a Democrat and attend a Republican precinct convention or participate in any activity of the opposite party 3. Open primaries have the advantage of keeping voter party loyalty confidential when voting in a primary, a vital requirement if voters are to feel free to vote their conscience without outside pressure 4. Another advantage of the open primary is that it allows the voter to wait until the last minute to decide which primary to vote in, taking into account 26 Texas Government 2306—Unit 3 Lecture Notes late developments in the campaign that might lead a voter to want to switch party primaries 5. The major disadvantage of the open primary is that it allows the crossover vote--allowing voters who belong to the other party to cross over and vote in the primary of the opposition party, sometimes with the intent of voting for the weakest candidate to help their own party's nominee in the general election 6. The open primary is used in nine states (Hawaii, Idaho, Michigan, Minnesota, Montana, North Dakota, Utah, Vermont, and Wisconsin) C. SEMI-OPEN PRIMARY (Texas-type primary) 1. The semi-open primary is a variation of the open primary 2. However, unlike the open primary, when the voter chooses to vote in the primary of either party on primary election day, they are "declaring" for the party whose primary they vote in 3. This prohibits the voter from then participating in any activity (a runoff primary or a precinct convention) of any other party for the remainder of that election year 4. This is the type of primary used in Texas and 10 other states (Alabama, Arkansas, Georgia, Illinois, Indiana, Mississippi, Missouri, South Carolina, Tennessee, and Virginia) 5. Historically, this allowed Republicans in Texas, who often had uncontested primary races until recently, to cross over and vote in the Democratic primary, thus influencing the outcome of the opposition party's primary D. CLOSED PRIMARY 1. The closed primary requires voters to declare their party affiliation when they register to vote (which could be months before primary day) 2. Voters may only vote in the primary of their party registration 3. Most states using the closed primary have a time limit after which a voter may not change party affiliation before the election 4. The major advantage of the closed primary is it prevents the crossover vote 5. Critics charge that the closed primary can discourage people from voting in the primary if they want to keep their party affiliation confidential-something that voters of the minority party in a state or local area may be inclined to want 6. Another criticism of the closed primary is that it prevents voters who have a true change of heart from switching parties and voting in the party primary of their choice (perhaps due to a dramatic change in political convictions or unexpected campaign developments) 7. Seventeen states used the closed primary (Arizona, California, Connecticut, Delaware, Florida, Kentucky, Maryland, Nebraska, Nevada, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Dakota, and West Virginia) 27 Texas Government 2306—Unit 3 Lecture Notes E. SEMI-CLOSED PRIMARY 1. In a semi-closed primary, voters may register or change their party affiliation on primary election day 2. Registration as a member of a party is required on election day 3. The major advantage of the semi-closed primary is that it allows voters to make last minute changes in party affiliation, in response to campaign developments or changes in political convictions 4. Semi-closed primaries can be criticized for allowing the crossover vote 5. Voters may look at their own party's primary, see few exciting races and decide to crossover and vote in the opposition party's primary 6. Another disadvantage is that a voter's party affiliation is not confidential, perhaps subjecting some voters to outside public pressure and/or discouraging some voters (who want to avoid that negative consequence) from voting in the primary 7. The semi-closed primary is used in 10 states (Colorado, Iowa, Kansas, Maine, Massachusetts, New Hampshire, New Jersey, Ohio, Rhode Island, and Wyoming) F. NONPARTISAN PRIMARY 1. In a nonpartisan primary, all candidates are listed on the same ballot without any designation of the party affiliation of the candidates 2. The voter can choose one candidate per office 3. If no candidate receives a majority of the vote, the top two candidates face each other in a runoff 4. The nonpartisan primary hurts candidates of the party with less support in the state, who often end up losing to the candidates of the major party 5. Supporters of the nonpartisan primary argue it encourages voters to take a closer look at the candidates and not blindly vote on the basis of the party affiliation of the candidate 6. Louisiana is the only state using the nonpartisan primary G. BLANKET/MIXED PRIMARY 1. The blanket primary lists all of the candidates on one ballot by party affiliation 2. Voters are allowed to vote for only one candidate per position, but may switch parties between offices 3. The major advantage of the blanket primary is that it allows independent voters, who often believe there are good candidates in both (or several) parties, to vote for the best candidates, regardless of party affiliation 4. Critics charge that the blanket primary allows, and encourages, crossover voting 5. Two states, Alaska and Washington, use the blanket primary CAMPAIGNS & CAMPAIGN FINANCE A. THE CHANGING ROLE OF AND RULES ON CAMPAIGN MONEY 28 Texas Government 2306—Unit 3 Lecture Notes 1. Because of television, the increasing use of political consultants and polls, and the large size of Texas, the cost of running for office has increased dramatically a. In 1990, Senator Phil Gramm spent $9.8 million to win reelection b. In 1990, losing gubernatorial candidate Clayton Williams spent $21.3 million and his opponent Ann Richards spent $13.9 million c. In 1994, George W. Bush spent almost $15 million to defeat Governor Ann Richards d. In 2002, Democratic candidate Tony Sanchez spent almost $70 million, mostly his own money, in his losing effort to defeat Governor Rick Perry, who spent almost $30 million e. In 1992 the average Texas congressional race cost over $500,000 f. Campaign costs for Texas state senate races can cost as much as a race for the U.S. House of Representatives g. In a competitive race for the Texas House, candidates often spend $100,000-$200,000 h. In large, urban counties, races for the Texas Legislature can cost several hundred thousand dollars i. County-level races in many counties can cost more than $50,000 2. Most campaign money is supplied by political action committees (PACs) 3. PAC money has an obvious impact on elected officials a. At the very least, money buys access to the official b. At the worst, money may buy the vote of the elected official c. Determining which is occurring is almost impossible d. If much of the campaign contributions come from PACs outside the officeholder's district or state, which is not unusual, the question must be asked: Who is the government official going to be more responsive to--the constituent or the PAC? 4. Texas, like most states, has passed laws to regulate campaign finances a. All candidates in Texas are required to file reports with the Texas State Ethics Commission b. All contributions over fifty dollars must be reported with the name of the contributor c. The financial reports must be filed both before and after the election d. Candidates and PACs may not accept cash contributions for more than an aggregate of $100 e. Direct contributions from corporations and labor unions are prohibited f. Candidates and treasurers of campaign committees are required to file sworn statements listing all contributions and expenditures to the Texas Secretary of State’s office 29 Texas Government 2306—Unit 3 Lecture Notes g. Both criminal and civil penalties are imposed on violators –primary enforcement of campaign regulations is the responsibility of the Texas Ethics Commission d. The intent in making public the sources of funds received by the candidates and the candidates' expenditures is to discourage illegal payments and allow the voters to draw certain conclusions about a candidate based on the sources of their contributions 5. Critics of the important role large campaign contributions play assert that PAC money is undermining democracy in several significant ways a. PAC money gives even more influence to the wealthy b. Because most PAC money goes to incumbents, it makes it difficult to "vote the rascals out", contributing to the disillusionment of the public c. The fact that a majority of PAC money goes to incumbents often discourages (or frightens) challengers from running, thus leading to more uncontested races d. As mentioned earlier, if a significant portion of PAC money comes from outside the officeholder's district or state, does that not lead the government official to be more responsive to big money interests rather than constituent interests? e. As mentioned above, the fear is that PAC money not only buys access but also votes--further corrupting the democratic process 30 Texas Government 2306—Unit 3 Lecture Notes 31