Does Money Matter?
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The Impact of Organizational Characteristics on Super PAC
The Impact of Organizational Characteristics on Super PAC Financing and Independent Expenditures Paul S. Herrnson University of Connecticut [email protected] Presented at the Meeting of the Campaign Finance Task Force, Bipartisan Policy Center, Washington, DC, April 21, 2017 (revised June 2017). 1 Exe cutive Summa ry Super PACs have grown in number, wealth, and influence since the Supreme Court laid the foundation for their formation in Citizens United v. Federal Election Commission, and the decisions reached by other courts and the FEC clarified the boundaries of their political participation. Their objectives and activities also have evolved. Super PACs are not nearly as monolithic as they have been portrayed by the media. While it is inaccurate to characterize them as representative of American society, it is important to recognize that they vary in wealth, mission, structure, affiliation, political perspective, financial transparency, and how and where they participate in political campaigns. Organizational characteristics influence super PAC financing, including the sums they raise. Organizational characteristics also affect super PAC independent expenditures, including the amounts spent, the elections in which they are made, the candidates targeted, and the tone of the messages delivered. The super PAC community is not static. It is likely to continue to evolve in response to legal challenges; regulatory decisions; the objectives of those who create, administer, and finance them; and changes in the broader political environment. 2 Contents I. Introduction 3 II. Data and Methods 4 III. Emergence and Development 7 IV. Organizational Characteristics 11 A. Finances 11 B. Mission 14 C. Affiliation 17 D. Financial Transparency 19 E. -
Removing Individual and Party Limits on Contributions to Presidential Campaigns
Facing the Coordination Reality: Removing Individual and Party Limits on Contributions to Presidential Campaigns BY ZACHARY MORRISON* Since Citizens United, a new era of campaigning has emerged in which traditional campaign functions have been outsourced to candidate-centric outside groups. In the 2016 presidential election, ten campaigns had raised less money than their allied Super PACs and other outside groups. Federal election regulations that restrict coordination between these outside groups and campaigns are outdated and poorly enforced. American democracy is weakened by this unprecedented electoral activity because of decreased donor transparency, increased negativity without accountability, and voter confusion. This Note concludes, after examining outside group political activity in the 2012 and 2016 presidential cycles, that candidate-centric outside groups create the same risk of corruption as direct contributions to campaigns. Therefore, this Note proposes that proponents of stricter campaign finance regulation should consider removing limits on individual and political party contributions to presidential campaigns. Allowing individuals and parties to provide unlimited funds to campaigns would diminish the appeal of outside groups and increase the political pressure on campaigns to disavow their use. This realistic, if not pessimistic, proposal offers a simple legislative solution to some of the concerning elements of an increased reliance on outside groups, while * Farnsworth Note Competition Winner, 2019. J.D. Candidate 2019, Columbia Law School. The author thanks Professor Richard Briffault for not only his advice and guidance, but also his academic contributions to the subject that inspired this project. Special thanks to the editors and staff of the Columbia Journal of Law and Social Problems for their invaluable feedback and tireless commitment to the process. -
What Are the Presidential Candidates Saying About Poverty and Opportunity?
Pathways Winter 2016 3 What are the Presidential Candidates Saying about Poverty and Opportunity? BY RON HASKINS 4 Pathways Winter 2016 The nation is now in the midst of a fascinating presidential priorities for government action. campaign that, as always, creates an opportunity for a national These numbers for the nation as a whole obscure important debate on both the proper priorities of the federal government differences between Republicans and Democrats in their con- and the specific policies that Republican and Democratic can- cern about the poor. In a December 2015 poll, Pew interviewed didates propose to address those priorities. My purpose in this low-income (below $30,000), middle-income ($30,000– article is to examine whether the candidates are advancing simi- $74,999), and high-income ($75,000 or more) Republicans and lar or different proposals on how to reduce poverty and increase Democrats and asked them if the “federal government should economic mobility. It is useful to lay the groundwork for this play a major role in helping people get out of poverty.”6 Aver- exercise by first reviewing (a) what weknow about poverty and aged across the three income levels, Democrats were nearly 35 economic mobility in the United States and (b) what the public percentage points more likely to say poverty reduction “should thinks about poverty and economic mobility in the United States. play a major role” in federal policy. This overall difference between the parties conceals a big The Facts on Poverty and Mobility income difference within the Republican Party in the extent of There is surprising agreement among Democratic and support for poverty reduction. -
Super Pacs and 501(C) Groups in the 2016 Election
Super PACs and 501(c) Groups in the 2016 Election David B. Magleby* Brigham Young University Paper presented at the “State of the Parties: 2016 and Beyond”, Ray C. Bliss Institute of Applied Politics, University of Akron. November 9-10, 2017. *I would like to acknowledge the research assistance of Hyrum Clarke, Ben Forsgren, John Geilman, Jake Jensen, Jacob Nielson, Blake Ringer, Alena Smith, Wen Je (Fred) Tan, and Sam Williams all BYU undergraduates. Data made available by the Center for Responsive Politics was helpful as were two interviews with Robert Maguire, whose expertise in political nonprofits was informative. 1 Super PACs and 501(c) Groups in the 2067 Election David B. Magleby Brigham Young University In only a short period of time, Super PACs have come to be one of the most important parts of American electoral politics. They raise and spend large sums of money in competitive federal elections. They have become fully integrated teammates with candidates, party leaders, and interest groups. While initially they were most visible in paying for television advertising, by 2016 they expanded their scope by providing a wide variety of campaign services once thought to be funded by candidate campaign committees (campaign events) or party committees, (get-out-the-vote, voter registration, list development). Where does the money come from that funds Super PACs and other outside groups? While much of the attention on sources of funding for Super PACs was initially on corporations and unions, the reality has been that most of the funding for Super PACs has been individuals. Publicly traded corporations have been infrequent funders of Super PACs, while unions have been more active in using Super PACs. -
Citizens United After 10 Years: More Speech, Better Democracy
Citizens United After 10 Years: More Speech, Better Democracy Scott Blackburn January 2020 On January 21, 2010, the Supreme Court struck down a federal law that prohibited corporations and labor unions from in- dependently voicing their support or opposition to federal candidates. That law, the Court said, violated those organizations’ First Amendment rights. In the succeeding ten years, the Court’s decision in Citizens United has engendered more discussion and disagreement among policymakers than perhaps any other case in recent history. With ten years and five election cycles of hindsight, this report examines what we can learn from the effects of Citizens United on American campaigns. I. Since Citizens United, Politics Is More Diverse and Political Change Is Rapid. One common prediction about Citizens United was that it would fundamentally distort our elections in favor of wealthy interests. As The New York Times wrote in their editorial following the decision, “With a single, disastrous 5-to-4 ruling, the Supreme Court has thrust politics back to the robber-baron era of the 19th century… If a member of Congress tries to stand up to a wealthy special interest, its lobbyists can credibly threaten: We’ll spend whatever it takes to defeat you.”1 But far from an era dominated by the wealthy, in the five election cycles since the de- It is impossible to ascribe cision, America has seen some of the most vibrant, diverse, and rapid political change in a generation. We have seen the re-election of the first black President, Barack any one electoral outcome Obama, a Democrat, over business favorite Mitt Romney. -
A Quick Guide to the Foreign Policy Views of the Republican Presidential Candidates I Nstitute Esearch R
A QUICK GUIDE TO THE FOREIGN POLICY VIEWS OF THE EPUBLICAN RESIDENTIAL ANDIDATES R P C NSTITUTE I ESEARCH R OLICY P By Brandon George Whitehill July 2015 OREIGN F 1 | FPRI 1 Because of the logistics of trade deals, support for TPP with concurrent opposition to TPA is akin to opposition to TPP. 2 | FPRI 3 | FPRI 4 | FPRI 5 | FPRI 6 | FPRI 2 Paul, Rand. Interview with Manu Raju. Politico, August 28, 2012. 3 Paul, Rand. "Campaign Launch." (Transcript, Louisville, KY). Time Magazine, April 7, 2015. 4 Sullivan, Sean. "Rand Paul: 'We still have chaos in Iraq.'" The Washington Post, May 17, 2015. 5 Ibid. 6 Paul, Rand. Interview with Joe Scarborough. Morning Joe. MSNBC, May 27, 2015. 7 A Defense Intelligence Agency memo from October 2012 confirms that the United States did knowingly facilitate the movement of weapons from Libyan rebels to two Syrian ports with the intention of distributing them to rebels. DIA Report 7 | FPRI 8 Paul, Rand. Interview with Joe Scarborough. Morning Joe. MSNBC, May 27, 2015. 9 Ibid. 10 Paul, Rand. Speech at the Conservative Political Action Conference. The American Conservative Union. National Harbor, MD, February 27, 2015. 11 Ibid. 12 Paul, Rand. Interview with Hugh Hewitt. The Hugh Hewitt Show, April 10, 2015 13 Paul, Rand. Interview with Igor Bobic. The Huffington Post, March 15, 2015. 14 Paul, Rand. Speech at the Values Voters Summit. Family Research Council. Washington, DC, September 19, 2012. 15 Paul, Rand. Post on Iran Nuclear Deal. Official Rand Paul Facebook Page, July 14, 2015. 16 Paul, Rand. -
Change and Continuity in the Financing of the 2016 U.S. Federal Election
ONE Change and Continuity in the Financing of the 2016 U.S. Federal Election David B. Magleby The 2016 election had both continuity and change in how it was financed and in the under lying dynamics of the election. When mea sured in dollars raised and spent, the gap between nominees Hillary Clinton and Donald Trump was the greatest in any election since the era of more reliable reporting began in 1976. The gap between Clin- ton and her joint party fundraising committees and Trump and his joint party fundraising committees was more than $285 million. Given this disparity, how Donald Trump financed and ran his cam- paign was dif fer ent from other candidates in his ability to exploit free media coverage, his limited fundraising in the nomination phase, and his claims that his opponents in both the nomination and general election phases of the contest were corrupted by their donors. The financing of Trump’s campaign became more conventional in the general election, where he relied heavi ly on a joint fundraising agreement with his party, used their voter mobilization infrastructure, successfully tapped into contributions from small donors, and benefited from spending by Super PACs and nonprofit groups late in the campaign. Whether another presi- dential candidate can mount a Trump- like campaign in the future is un- certain, and Trump himself has signaled that when he seeks reelection in 2020 he intends to mount a more conventional campaign by aggressively fundraising earlier than his pre de ces sors and endorsing a Super PAC, Amer i ca First.1 1 01-3659-2-ch01.indd 1 2/26/19 4:11 AM 2 David B. -
Candidates & Super Pacs
ANALYSIS at New York University School of Law CANDIDATES & SUPER PACS: THE NEW MODEL IN 2016 By Brent Ferguson Introduction which presidential candidates in the 2016 cycle are engaging in even greater collaboration with super PACs As voters begin to assess presidential candidates ahead and other outside groups, obliterating the distinction of the 2016 election, they’ll face a new world in which between candidates and “independent” organizations, ostensibly outside groups — which often have extremely which the Court has claimed is so important. close ties to the candidates, but are theoretically separate from them because they aren’t “controlled” by the Development of Super PACs candidate and don’t give their money directly to her campaign — could dominate political spending. That’s Unlimited outside spending is not a new phenomenon, because super PACs and other groups conceived after the but its volume and nature is in the midst of drastic change. 2010 Citizens United decision may raise money without Since 1976, the Supreme Court has said that individuals limits, while candidates cannot. While many have have a right to spend unlimited amounts as long as that understood that super PACs would make a significant spending is not given to or coordinated with a candidate. impact on American elections, few could have predicted But until 2010, there was a $5,000 limit on contributions the speed with which they have evolved and moved to the to federal PACs, which, along with prohibitions on center of our political system.1 most corporate and union electioneering, effectively discouraged outside spending on the scale we see today. -
The for the People Act: How Key H.R. 1 Provisions Would Fix Democracy Problems
The For the People Act: How Key H.R. 1 Provisions Would Fix Democracy Problems Campaign Legal Center December 2020 TABLE OF CONTENTS 03 Election Access (Title I, Subtitle A) 06 Voting By Mail (Title I, Subtitle I) 09 Independent Redistricting Commissions (Title II, Subtitle E) 11 Transparency in Elections: DISCLOSE Act (Title IV, Subtitle B) 14 Transparency for Digital Political Advertising: Honest Ads Act (Title IV, Subtitle C) 17 Stopping Foreign Money in U.S. Elections (Title IV, Subtitles B-C) 19 Small Dollar Public Financing (Title V) 21 FEC Reform: Restoring Integrity to America’s Elections (Title VI, Subtitle A) 24 Stopping Super PAC-Candidate Coordination (Title VI, Subtitle B) 27 Ethics Pledge for Senior Executive Branch Employees (Title VII, Subtitle G) ELECTION ACCESS The Problem: In Husted v. APRI, the U.S. Supreme Court upheld an Ohio voter purge practice that cancels voters’ registration when voters choose not to vote. Ohio purged voters who did not vote for six years and failed to return a mailed notice based on the faulty premise that those voters had likely moved. In fact, the evidence showed these voters had, by and large, not moved and often found themselves unable to cast a ballot when they appeared at their polling locations. The Supreme Court held that Ohio’s voter purge process was lawful because of ambiguous language Congress included in the National Voter Registration Act of 1993 and the Help America Vote Act of 2002. This June 2018 decision gave vote suppressors a greenlight to implement “use it or lose it” voter purging practices across the country that disproportionately impact low-income communities and communities of color. -
Boosting the Impact of Small Donors
BOOSTING THE IMPACT OF SMALL DONORS How Matching Funds Would Reshape the November 2015 2016 Presidential Election Quarter 3 Boosting the Impact of Small Donors Quarter 3, 2015 How Matching Funds Would Reshape the 2016 Presidential Election Dan Smith U.S. PIRG Education Fund Acknowledgements The author thanks Nick Nyhart, President and CEO of the Every Voice Center, Adam Lioz, Counsel and Senior Advisor at Demos, David Rosenfeld, Executive Director of OSPIRG, Abe Scarr, Exec- utive Director of Illinois PIRG, and Tyler Creighton of ReThink Media for reviewing the previous edition of this report and providing thoughtful and informed comments. The author also thanks Cameron McCann, Chris MacKenzie, and Zach Weinstein for their research and editorial assistance. The author bears any responsibility for factual errors. The recommendations are those of U.S. PIRG. The views expressed in this report are those of the author and do not necessarily reflect the views of our funders or those who provided review. 2015 U.S. PIRG. Some Rights Reserved. This work is licensed under a Creative Commons Attribution Non-Commercial No Derivatives 3.0 Unported License. To view the terms of this license, visit www.creativecommons.org/licenses/by-nc-nd/3.0. With public debate around important issues often dominated by special interests pursuing their own narrow agendas, U.S. PIRG Education Fund offers an independent voice that works on behalf of the public interest. U.S. PIRG Education Fund, a 501(c)(3) organization, works to protect consum- ers and promote good government. We investigate problems, craft solutions, educate the public, and offer Americans meaningful opportunities for civic participation. -
Doubling Down
Doubling Down Wall Street Is Smashing Records on Outside Contributions to Presidential Candidates Even Without Giving to Two of the Remaining Three Candidates May 18, 2016 Taylor Lincoln Doubling Down Acknowledgments Public Citizen is a national nonprofit organization with more than 400,000 members and supporters. We represent consumer interests through lobbying, litigation, administrative advocacy, research, and public education on a broad range of issues, including consumer rights in the marketplace, product safety, financial regulation, safe and affordable health care, campaign finance reform and government ethics, fair trade, climate change, and corporate and government accountability. About This project This is the second in on our “Promoting a Transparent and Democratic Presidential Transition” series focused on how the presidential candidates might conduct their transitions if they win the general election in November. This series includes recommendations to candidates on policies to adopt in conducting their transitions in accordance with democratic values and monitors the influence of special interests in their transition personnel. May 18, 2016 2 Doubling Down Contents INTRODUCTION ............................................................................................................................... 4 I. OVERALL CONTRIBUTIONS BY WALL STREET IN 2016 ELECTIONS ARE ALREADY SETTING RECORDS ........................................................................................................................................ -
Campaign Legal Center 215 E Street, NE Washington, DC 20002 (202) 736-2200
BEFORE THE UNITED STATES FEDERAL ELECTION COMMISSION Campaign Legal Center 215 E Street, NE Washington, DC 20002 (202) 736-2200 Democracy 21 2000 Massachusetts Avenue, NW Washington, DC 20036 (202) 355-9600 v. MUR No. ________ John Ellis “Jeb” Bush c/o Right to Rise PAC P.O. Box 14349 Tallahassee, FL 32317 COMPLAINT 1. This complaint is filed pursuant to 52 U.S.C. § 30109(a)(1) and is based on information providing reason to believe that John Ellis “Jeb” Bush has been “testing the waters” of a 2016 presidential campaign and has not complied with and will not comply with the requirement that “testing the waters” activities be paid for with funds that comply with the Federal Election Campaign Act’s (“FECA”) candidate contribution limits and restrictions, in violation of FECA provisions, 52 U.S.C. § 30101, et seq., and Commission regulations. 2. Additionally, this complaint is based on information providing reason to believe that Jeb Bush moved beyond “testing the waters” to become a “candidate” under FECA and violated the candidate registration and reporting requirements, contribution limits and restrictions, and “soft money” prohibitions of FECA, 52 U.S.C. § 30101, et seq., and Commission regulations. 3. “If the Commission, upon receiving a complaint . has reason to believe that a person has committed, or is about to commit, a violation of [FECA] . [t]he Commission shall make an investigation of such alleged violation . .” 52 U.S.C. § 30109(a)(2) (emphasis added); see also 11 C.F.R. § 111.4(a) (emphasis added). FACTS 4. On December 16,