prohibited corporations and nationally chartered (interstate) banks from making direct financial contributions to federal candidates. However, weak enforcement mechanisms made the Act ineffective. Disclosure requirements and spending limits for
candidates followed in 1910 and 1911. General contribution limits were enacted in the
(1925). An amendment to the
set an annual ceiling of $3 million for political parties' campaign expenditures and $5,000 for individual campaign contributions. The
In 1971, Congress passed the Federal Election Campaign Act (FECA), instituting various campaign finance disclosure requirements for federal candidates (those running for the House, the Senate, the President and the Vice President), political parties, and political action committees. In 1974, Congress passed amendments to the FECA establishing a
In 1971, Congress passed the Federal Election Campaign Act (FECA), instituting various campaign finance disclosure requirements for federal candidates (those running for the House, the Senate, the President and the Vice President), political parties, and political action committees. In 1974, Congress passed amendments to the FECA establishing a comprehensive system of regulation and enforcement, including public financing of presidential campaigns and the creation of a central enforcement agency, the Federal Election Commission. The new regulations included limits on campaign finance, including caps on (1) individual contributions to candidates, (2) contributions to candidates by "political committees" (commonly known as Political Action Committees, or PACs), (3) total campaign expenditures, and (4) independent expenditures by individuals and groups "relative to a clearly identified candidate."
It also showed the limited reach of campaign finance laws to candidate and party committees, and other committees with a major purpose of electing candidates, or to speech that "expressly advocated" election or defeat of candidates. In footnote 52 of that opinion, the Court listed eight words or phrases as illustrative of speech that qualified as "express advocacy". The definition of express advocacy is what created dark money groups.
Campaign finance law in the United States changed drastically in the wake of two 2010 judicial opinions
Campaign finance law in the United States changed drastically in the wake of two 2010 judicial opinions: the Supreme Court's decision in Citizens United v. FEC and the D.C. Circuit Court of Appeals decision in SpeechNow.org v. FEC.[41] According to a 2011 Congressional Research Service report, these two decisions constitute "the most fundamental changes to campaign finance law in decades." [42]
Two months later, a unanimous nine-judge panel of the U.S. Court of Appeals for the D.C. Circuit decided SpeechNow, which relied on Citizens United to hold that Congress could not limit donations to organizations that only made independent expenditures, that is, expenditures that were "uncoordinated" with a candidate's campaign. These decisions led to the rise of "independent-expenditure only" PACs, commonly known as "Super PACs." Super PACs, under Citizens United and SpeechNow, can raise unlimited funds from individual and corporate donors and use those funds for electioneering advertisements, provided that the Super PAC does not coordinate with a candidate.
See also:
[45] Through the 2012 campaign, public funding was also available to finance the major parties' national nominating conventions.
To receive subsidies in the primary, candidates must qualify by privately raising $5000 each in at least 20 states. During the primaries, in exchange for agreeing to limit their spending according to a statutory formula, eligible candidates receive matching payments for the first $250 of each individual contribution (up to half of the spending limit). However, candidates who decline matching funds are free to spend as much money as they can raise privately.
From the inception of this program in 1976 through 1992, almost all candidates who could qualify accepted matching funds in the primary. In 1996 Republican Steve Forbes opted out of the program. In 2000, Forbes and George W. Bush opted out. In 2004 Bush and Democrats John Kerry and Howard Dean chose not to take matching funds in the primary.[46] In 2008, D
To receive subsidies in the primary, candidates must qualify by privately raising $5000 each in at least 20 states. During the primaries, in exchange for agreeing to limit their spending according to a statutory formula, eligible candidates receive matching payments for the first $250 of each individual contribution (up to half of the spending limit). However, candidates who decline matching funds are free to spend as much money as they can raise privately.
From the inception of this program in 1976 through 1992, almost all candidates who could qualify accepted matching funds in the primary. In 1996 Republican Steve Forbes opted out of the program. In 2000, Forbes and George W. Bush opted out. In 2004 Bush and Democrats John Kerry and Howard Dean chose not to take matching funds in the primary.[46] In 2008, Democrats Hillary Clinton and Barack Obama, and Republicans John McCain, Rudy Giuliani, Mitt Romney and Ron Paul decided not to take primary matching funds. Republican Tom Tancredo[47] and Democrats Chris Dodd,[48] Joe Biden[49] and John Edwards elected to take public financing.
Since the 2012 primary campaign, few candidates have chosen to accept matching funds. In 2012, only Buddy Roemer (who ran unsuccessfully for the Americans Elect and Reform Party nominations), Gary Johnson (the eventual Libertarian nominee), and Jill Stein (the eventual Green Party nominee) received matching funds in the primaries.[50] (Primary season matching funds are not limited to major party candidates.) In 2016, only Martin O'Malley (Democrat) and Jill Stein (Green) received matching funds in the primaries.[50] For the 2020 campaign, only Steve Bullock (Democrat) has announced plans to apply for matching funds so far.[51]
In addition to primary matching funds, the public funding program also assists with funding the major party (and eligible minor party) nominees' general election campaigns. The grants for the major parties' general election nominees are adjusted each Presidential election year to account for increases in the cost of living. In 2012, the parties' general election nominees were eligible to receive $91.2 million in public funds, although neither the Democratic or Republican campaigns chose to accept those funds. If general election candidates accept public funds, they agree not to raise or spend private funds or to spend more than $50,000 of their personal resources. Hence, general election candidates who have the ability to raise more than the amount of public funds offered may decline the offer of public funds in favor of privately raising and spending a larger sum of money.[52]
No major party nominee turned down government funds for the general election from 1976, when the program was launched, until Barack Obama did so in 2008.[53] Obama again declined government funds for the 2012 campaign, as did Republican nominee Mitt Romney, setting up the first election since the program's launch in which neither major party nominee accepted federal funding.[54] Nor did either Donald Trump or Hillary Clinton accept federal funding for the 2016 general election.[55]
Public funding was formerly available to finance the major parties' (and eligible minor parties') presidential nominating conventions. In 2012, each major party was entitled to $18.2 million in public funds for their conventions. However, the provisions for public funding of nominating conventions were eliminated in 2014.[56]
Eligibility of minor parties for public funds is based on showing in the previous election, with 5% of the popular vote needed to qualify. The only party other than the Republicans and Democrats to receive government funding in a general election was the Reform Party, which qualified for public funding in 1996 and 2000 on the basis of Ross Perot's strong showing in the 1992 and 1996 elections. In addition, John B. Anderson's 1980 campaign received payments of public funds after the election because he had attained more than 5% of the popular vote.[57]
The presidential public financing system is funded by a $3 tax check-off on individual tax returns (the check off does not increase the filer's taxes, but merely directs $3 of the government's general fund to the presidential fund). The number of taxpayers who use the check off has fallen steadily since the early 1980s, until by 2006 fewer than 8 percent of taxpayers were directing money to the fund, leaving the fund chronically short of cash.[58] However, the fact that fewer candidates have chosen to apply for public funding has alleviated the fund's former monetary shortages.[55]
A small number of states and cities have started to use broader programs for public financing of campaigns. One method, which its supporters call Clean Money, Clean Elections, gives each candidate who chooses to participate a fixed amount of money. To qualify for this subsidy, the candidates must collect a specified number of signatures and small (usually $5) contributions. The candidates are not allowed to accept outside donations or to use their own personal money if they receive this public funding. Candidates who choose to raise money privately rather than accept the government subsidy are subject to significant administrative burdens and legal restrictions, with the result that most candidates accept the subsidy. This procedure has been in place in races for all statewide and legislative offices in Arizona and Maine since 2000, where a majority of officials were elected without spending any private contributions on their campaigns. Connecticut passed a Clean Elections law in 2005, along with the cities of Portland, Oregon and Albuquerque, New Mexico.
A 2003 study by GAO found, "It is too soon to determine the extent to which the goals of Maine's and Arizona's public financing programs are being met."[59][[59][needs update]
The "Clean Elections" movement had several defeats in the 2000s and 2010s. Proposition 89, a California ballot proposition in November 2006, sponsored by the California Nurses Union, that would have provided for public financing of political campaigns and strict contribution limits on corporations, was defeated. In 2008, the non-partisan California Fair Elections Act passed the legislature and Governor Schwarzenegger signed it, but the law did not take effect unless approved by voters in a referendum in 2010. In June 2010, voters soundly rejected the measure, 57% to 43%.[60] A proposal to implement Clean Elections in Alaska was voted down by a two-to-one margin in 2008,[61] and a pilot program in New Jersey was terminated in 2008 amid concern about its constitutionality and that the law was ineffective in accomplishing its goals. In 2010, Portland voters used a referendum to repeal the clean elections law, originally enacted by the city council.[62] In 2006, in Randall v. Sorrell, the Supreme Court held that large parts of Vermont's Clean Elections law were unconstitutional. In 2008, the Supreme Court's decision in Davis v. Federal Election Commission suggested that a key part of most Clean Election laws—a provision granting extra money (or "rescue funds") to participating candidates who are being outspent by non-participating candidates—is unconstitutional. In 2011, in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, the Supreme Court struck down the matching funds provision of Arizona's law on First Amendment grounds.[63]
Massachusetts has had a hybrid public funding system for statewide offices since 1978. Taxpayers are allowed to contribute $1 to the statewide election fund by checking a box on their annual income taxes. Candidates who agree to spending limits are eligible for money from this fund. Non-participating candidates are required to estimate spending, and this will raise the limit for participating opponents if higher than the agreed-to limit.[64]
Seattle voters approved the Democracy voucher program in 2015, which gives city residents four $25 vouchers to donate to participating candidates.[65]
A 2016 experimental study in the American Journal of Political Science found that politicians made themselves more available for meetings with individuals when they believed that the individuals had donated to their campaign.[66] A 2011 study found that "even after controlling for past contracts and other factors, companies that contributed more money to federal candidates subsequently received more contracts."[67] A 2016 study in the Journal of Politics found that industries overseen by committees decreased their contributions to congresspeople who recently departed from the committees and that they immediately increase their contributions to new members of the committees, which is "evidence that corporations and business PACs use donations to acquire immediate access and favor—suggesting they at least anticipate that the donations will influence policy."[68] Research by University of Chicago political scientist Anthony Fowler and Northwestern University political scientists Haritz Garro and Jörg L. Spenkuch found no evidence that corporations that donated to a candidate received any monetary benefits from the candidate winning election.[69]
Donor characteristics
The donations of fewer than 40
The donations of fewer than 400 super wealthy families comprise nearly half of all publicly disclosed presidential campaign financing, according to a New York Times analysis of FEC and Internal Revenue Service (IRS) filings in Summer 2015 of the 2016 presidential campaign cycle. These donors exploit the SuperPAC loophole, which bypasses the traditional donation maximum for an individual in any year. On the Republican side, just around 130 exceedingly rich families accounted for more than half of the publicly disclosed presidential candidate campaign financing. For several major Republican presidential candidates, a handful of donors and their businesses accounted for most of the donations to the candidate.[70]
A 2017 study found that "only a small portion of Americans make campaign donations" and that both Democratic and Republican donors "are more ideologically extreme than other partisans, including primary voters. With respect to why individuals contribute, we show that donors appear responsive to their perception of the stakes in the election."A 2017 study found that "only a small portion of Americans make campaign donations" and that both Democratic and Republican donors "are more ideologically extreme than other partisans, including primary voters. With respect to why individuals contribute, we show that donors appear responsive to their perception of the stakes in the election."[71]
Another 2017 study found that relatively unpopular industries provide larger contributions to candidates. The authors of the study argue that this is because candidates lose voter support when they are associated with unpopular industries and that the industries therefore provide larger contributions to compensate for this loss of support.[72]
Center for Responsive Politics; MapLight