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ELECTION LAW JOURNAL Volume 5, Number 1, 2006 © Mary Ann Liebert, Inc.
Campaign Finance Laws and Political Efficacy: Evidence from the States
DAVID M. PRIMO and JEFFREY MILYO
A failure to regulate the arena of campaign finance allows the influence of wealthy individuals and corporations to drown out the voices of individual citizens . . . causing the public to become disillusioned with and mistrustful of the political system.
—Jacobus v. Alaska1
O CAMPAIGN FINANCE REGULATIONS affect eral elections and average trust in government Dhow citizens view their government? This at the national level. In fact, Freedman, Franz, question is both theoretically important and and Goldstein (2004) find that campaign ad- policy-relevant. A central argument for more vertising (and, therefore, campaign spending) restrictive campaign finance laws at both the increases interest levels, knowledge, and state and federal levels is that tighter rules turnout, suggesting that spending may in fact will restore trust in the government and make be a net positive for democracy.2 citizens once again feel that they can affect Given the central role that trust and efficacy the political process. Supreme Court decisions play in scholarly and policy discussions about upholding the constitutionality of campaign campaign finance reform, it is surprising that finance regulations acknowledge that the main- no study has directly examined the connection tenance of confidence in government can some- between existing campaign finance laws and times override free-speech concerns. Yet the how citizens view their government.3 Never- purported link between campaign finance law theless, institutional reforms are widely thought and perceptions of government has never been to be a potential policy lever for strengthening established systematically. In fact, there is good democracy. For example, Hibbing and Theiss- reason to doubt the existence of such a link, as both Primo (2002) and Coleman and Manna (2000) argue that there is little or no relation- 1 338 F.3d 1095, 1107 (9th Cir. 2003). ship between total campaign spending in fed- 2 This point is also made by Coleman and Manna (2000). 3 One reason for the dearth of such evidence is that until recently, most rigorous academic work on campaign fi- nance has been limited to attempts at measuring the ef- David M. Primo is Assistant Professor of Political Science, fect of either campaign spending on electoral outcomes University of Rochester. Jeffrey Milyo is Associate Pro- or campaign contributions on policy outcomes. (On the fessor, Department of Economics and the Truman School effects of campaign spending and electoral outcomes, see of Public Affairs, University of Missouri at Columbia. Pre- especially Levitt [1994] and Gerber [1998]; on the effects vious versions of this paper were presented at the 2003 of campaign contributions on roll-call votes, see especially Annual Meeting of the American Political Science Asso- Stratmann [1998], Bronars and Lott [1998], and Levitt ciation and 2003 Annual Meeting of the Midwest Politi- [1998].) In addition, these efforts focus on the federal level; cal Science Association. The authors thank Barry Burden, since federal campaign finance laws have been relatively Dick Niemi, the editors, and anonymous reviewers for stable over the past three decades, there has been little helpful comments. Thanks also to Matt Jacobsmeier and opportunity for systematic analysis regarding the impact Matt Stiffler for research assistance. of these laws.
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Morse (1995) discuss possible reforms within a law is constitutional. The authors go on to note Congress that might increase public support that the evidence brought to bear in court cases for the institution. These include term limits tends to be of two forms: (1) anecdotal (e.g., (which have since been ruled unconstitutional news accounts) or (2) data showing that the for Congressional offices), a balanced budget public is distrustful of government and would rule, and what the authors term “serious” cam- like to see more campaign finance reform.5 paign finance legislation (Hibbing and Theiss- What is missing, as we show below, is evidence Morse 1995, 62–83). Weber argues that if sev- that reform will lead to improved trust in gov- eral state-level reforms are implemented, ernment or perceptions of political efficacy. including the creation of independent com- Two recent studies (Goidel, Gross, and missions to oversee campaign finance in the Shields 1999; Coleman and Manna 2000) ex- states, then “the result will be a restoration of amine a related issue: the relationship between public confidence in state legislatures” (Weber spending in U.S. House elections and individ- 1999, 625–626). Goidel, Gross, and Shields ual survey responses to NES questions on effi- (1999, 12) also argue that campaign finance re- cacy or knowledge. These authors reach nearly forms will “improve the quality of American opposite conclusions, with Coleman and democracy,” though none of these authors ex- Manna finding some evidence that campaign plicitly test the hypothesis that campaign fi- spending may improve knowledge and per- nance laws are related to Americans’ percep- ceived efficacy, and with Goidel et al. finding tions of their political efficacy.4 Despite these some evidence to the contrary. These disparate positives, Gross and Goidel claim (but do not findings may be attributable to the different demonstrate) that reform may also have a neg- methodological approaches taken by the au- ative side: thors. For example, Goidel et al. do not exam- ine the potential endogeneity of campaign . . . the consideration of reform tem- spending and efficacy or knowledge, while porarily appeased an increasingly cynical Coleman and Manna do.6 and alienated public while feeding the The public debate over state and federal media establishment with sound bites on campaign finance reform has likewise gener- the evils of money. But, in the long run, it ated frequent and unsupported assertions that undoubtedly increased public cynicism and such reforms will restore faith in democracy. added to public alienation, even as it pro- For example, Common Cause president Don tected individual members of Congress Simon, commenting on the 2002 Bipartisan who could claim to be in favor of reform Campaign Reform Act (BCRA), stated, “I without ever having to abide by its provi- think it makes a huge difference that the world sions (Gross and Goidel 2003, ix, empha- of soft money has come to an end. The law sis added). took a half a billion dollars off the political table, and it makes a whole lot of difference A few studies have attempted to empirically in the way the process works, and for the con- connect campaign finance and views on gov- ernment. Grant and Rudolph (2004) adopt an experimental approach to study the founda- 4 A recent review of the literature on money in American tions of public support for campaign finance re- politics and its lessons for policy does not address whether campaign finance laws influence political effi- form, especially the tension between the values cacy or trust, underscoring the lack of evidence on this of liberty and equality. Persily and Lammie question (Mann 2003). (2004), using descriptive data and indirect tests, 5 There is reason to think that news accounts, by focus- ing on extreme examples of spending or corruption, may conclude that the likely link between federal in fact be part of the problem. See Ansolabehere, Snow- campaign finance law and trust in government berg, and Snyder (2005). is weak. Like Primo (2002), they point out that 6 Coleman and Manna employ an instrumental variables campaign finance law is unique in jurispru- regression to estimate the effect of campaign spending; however, their instruments, which include incumbent dence because public opinion is deemed di- and challenger quality and lagged vote share, may also rectly relevant for determining whether or not be endogenous. 5992_03_p23-39 1/26/06 10:26 AM Page 25
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fidence the American people have in the sys- This line of reasoning is reiterated in Nixon v. tem” (Vlahos 2003). But perhaps no example Shrink Missouri Government PAC, 528 U.S. 377 is as telling as when Senator John McCain (R- (2000), although the majority opinion also ex- AZ) took to the Senate floor to argue in sup- plicitly notes the absence of evidence that cam- port of reform: paign finance laws influence public trust in government.7 The Ninth Circuit Court of Ap- The Senator from Kentucky [Mitch Mc- peals has also referenced the presumed con- Connell] said the other day that there is nection between campaign finance reform and no evidence, no polling data, no indication trust in government (see the epigraph to this at all that the people’s estrangement from Introduction). Congress would be repaired by campaign Most recently, in McConnell v. FEC, 540 U.S. finance reform. He is correct, there is no 93 (2003), the Supreme Court repeatedly ap- such evidence (Congressional Record 1999). pealed, often in reference to past decisions, to the “eroding of public confidence in the elec- McCain then went on to explain that he had a toral process through the appearance of cor- “hunch” that reform would improve citizens’ ruption” as a justification for limits on large views of the Congress. But if there is no evi- contributions to political parties (540 U.S., at 95, dence that campaign finance reforms improve 136). Limiting the appearance of corruption is trust and political efficacy, why do proponents also deemed to be of “ ‘almost equal’ impor- of reform frame their arguments in this man- tance” (540 U.S., at 96, 143) as limiting actual ner? The answer is found in the rationale pro- corruption for preserving the “integrity of the vided by the Supreme Court for permitting re- electoral process” (540 U.S., at 119). Interest- strictions that otherwise infringe on First ingly, while the Court cites “common sense” Amendment freedoms. (540 U.S., at 145) and several anecdotes re- In the landmark decision Buckley v. Valeo, 424 garding contributions and access to policy U.S. 1 (1976), the Court specifically refers to makers as support for the claim that campaign confidence in government and the dangers finance is critically linked to political efficacy unchecked campaign contributions pose for and trust in government, no evidence is cited representative government: regarding actual (i.e., criminal) corruption, nor is there any evidence cited regarding the pre- Of almost equal concern as the danger of sumed pernicious impact of campaign contri- actual quid pro quo arrangements is the butions on public opinion. Overall, the Court impact of the appearance of corruption does not offer any evidence that legal reforms stemming from public awareness of the influence public opinion about the integrity of opportunities for abuse inherent in a the democratic process, perhaps because the regime of large individual financial con- link is taken to be self-evident.8 Justice Stephen tributions. In CSC v. Letter Carriers [413 Breyer, in a series of lectures at Harvard Uni- U.S. 548 (1973)] . . . the Court found that versity, commented, “[Campaign finance laws] the danger to ‘fair and effective govern- seek to democratize the influence that money ment’ posed by partisan political conduct can bring to bear upon the electoral process, on the part of federal employees charged thereby building public confidence in that pro- with administering the law was a suffi- cess . . . “ (2005, 47). ciently important concern to justify broad Our discussion thus far establishes two facts: restrictions on the employees’ right of par- (1) policy makers, scholars, and judges assert tisan political association. Here, as there, Congress could legitimately conclude that the avoidance of the appearance of im- 7 Writing for the majority, Justice Souter argues: “The proper influence ‘is also critical . . . if con- state statute is not void, however, for want of evidence” fidence in the system of representative (528 U.S., at 391). 8 See Persily and Lammie (2004) for further discussion of Government is not to be eroded to a dis- how the courts view the appearance of corruption ratio- astrous extent.’ nale justifying campaign finance reform. 5992_03_p23-39 1/26/06 10:26 AM Page 26
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that campaign finance reform will improve ment, one way or the other. These findings are popular perceptions of the democratic process, reinforced by a novel methodological approach and (2) there is no systematic evidence that di- to studying state-level trust in government, rectly supports or contradicts this claim. In which is presented in a technical appendix. what follows, we address this disconnect by conducting the first test of the effect of cam- paign finance reforms on perceived political ef- POLITICAL EFFICACY ficacy. In particular, we study the connection between state campaign finance laws over the A voluminous literature addresses the va- last half century and responses to survey ques- lidity and reliability of survey measures for tions about political efficacy. trust and perceived political efficacy (e.g., The states are an ideal area to probe this re- Campbell, Gurin, and Miller 1954; Miller 1974; lationship, since laws vary considerably both Citrin and Green 1986; Craig, Niemi, and Sil- across the states and over time. In the campaign ver 1990; see Robinson et. al. 1999 for sum- finance literature others have used this varia- maries of various measures). In general, there tion to study the electoral effects of campaign is a consensus that trust, internal efficacy, and finance laws, and recent findings lend credi- external efficacy are three distinct concepts. bility to the claim that campaign reforms may There is less agreement on the proper ways to influence citizens’ perceived efficacy by im- measure these concepts. Trust refers to the faith proving the quality of elections. individuals have in the government (Citrin and For example, Stratmann and Aparicio-Cas- Muste 1999). Political efficacy10 refers to the be- tillo (2006) examine the effects of campaign fi- lief that one can have an influence on the po- nance laws on legislative elections in 45 states litical process (Campbell, Gurin, and Miller over twenty years. Because these authors have 1974), although Balch (1974) and others further a lengthy panel data set (unlike previous stud- subdivide political efficacy into “external” and ies), they are able to control for unobserved “internal” components. Internal efficacy taps state-specific effects, greatly reducing concerns beliefs about whether one can influence the po- that state campaign finance regulations are litical process, and external efficacy reflects be- spuriously correlated with measures of elec- liefs about whether elected officials are suffi- toral competitiveness.9 They find that limits on ciently responsive to constituents. The upshot campaign contributions serve to reduce the of these debates is that measures of efficacy winning margins of incumbents. However, may be “noisy,” and this should be kept in they do not explore the effects of other types of mind as the results are presented. campaign finance regulations. Much political hay has been made of the sharp We explore the relationship between per- decline in trust and political efficacy that oc- ceived citizen efficacy and campaign finance curred from the 1950s to the present. For in- laws using individual survey responses from stance, consider one of the most-cited NES ques- the National Election Studies (NES) from 1952 tions, used to measure political trust: “How to 2000. We conduct a contextual analysis by much of the time do you think you can trust the combining these responses with state-level vari- government in Washington to do what is ables that describe campaign finance regulations right–just about always, most of the time or only and other relevant state political institutions. We some of the time?” “Trust in government” is de- find some evidence that public disclosure and fined as answering “just about always” or “most restrictions on contributions from organizations improve perceived political efficacy, but fail to find such evidence for other types of campaign 9 Gross and Goidel (2003) are also working with a panel finance regulations. In fact, public financing data set, but they do not address unobserved state-spe- tends to be associated with a decline in per- cific effects in their analysis. 10 ceived efficacy. Overall, no state campaign fi- The surveys measure respondents’ perceived efficacy, not their actual efficacy. For convenience, the literature nance laws appear to have a substantively large drops the word “perceived,” and we follow that practice impact on the public’s perceptions of govern- in the remainder of this article. 5992_03_p23-39 1/26/06 10:26 AM Page 27
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of the time.” In 1964, when the question was first the effects of such regulations will reverberate asked on a regular basis, 76 percent of respon- throughout the larger system of relationships dents trusted the government. By 2000, that involving competition and advertising. Conse- number had dropped to 44 percent. There are quently, voter turnout, trust in government, many culprits identified for the temporal decline political interest and even candidate emer- in trust at the federal level, including a general gence may all ultimately be affected in some increase in cynicism (Alford 2001) and the Viet- way by changes in campaign finance laws. nam War and Watergate (Orren 1997). In this section, we provide a highly simpli- Whether or not declines in trust and efficacy fied structural model of some of these rela- materially affect democratic rule is a separate tionships. Our purpose is to provide enough question. For instance, Citrin (1974) and Rosen- detail to motivate the subsequent empirical ap- stone and Hansen (1993) do not find that trust proach. in government influences turnout. In fact, one Define: can argue (as Citrin and Luks [2001] and oth- ers do) that some level of mistrust is a net pos- • X a vector of individual characteristics itive for democracy. On the other hand, Brehm (e.g., age, race, party ID) and Rahn (1997) posit links between interper- • Z a vector of characteristics of state in- sonal trust, civic engagement, and confidence stitutions (e.g., campaign finance laws, in government, suggesting that low levels of term limits) confidence in government may harm interper- • EFFICACY an individual’s perception sonal trust as well as civic engagement. of political efficacy or trust in government Direct links between participation and trust • EXPOSURE an individual’s exposure to or efficacy are only part of the story. Another campaign messages argument emphasizes the relevance of trust • INTEREST an individual’s interest in or and efficacy’s symbolic aspects. Low levels of knowledge of politics trust and efficacy are, by virtue of being below • VOTE an individual’s vote choice/ some threshold level, threats to self-rule. There- turnout decision fore, laws should be structured to improve cit- • COMPETITION competitiveness of elec- izen perceptions of government. For the pur- tions taking place at the time of a survey poses of analysis, we assume that positive • SPENDING campaign spending by can- perceptions of government are desirable for de- didates mocratic governance and seek to ascertain whether campaign finance laws influence these A stylized structural model of political effi- perceptions. Only if some substantively mean- cacy for i (1, . . . , n) individuals residing in ingful statistical relationship is present does the s (1, . . . , k) states may then be articulated as: campaign finance debate need to further probe the links among trust, efficacy, and democracy. EFFICACYi f1(Xi, Zs; EXPOSUREi, INTERESTi, COMPETITIONs, SPENDINGs) (1) CAMPAIGN FINANCE LAWS AND POLITICAL EFFICACY: THEORETICAL EXPOSUREi f2(Xi,Zs; 11 LINKS AND EMPIRICAL IMPLICATIONS EFFICACYi, INTERESTi, COMPETITIONs, SPENDINGs) (2) The literature on electoral competition, cam- paign advertising, political efficacy, and trust INTERESTi f3(Xi, Zs; in government suggests several causal path- EXPOSUREi, EFFICACYi, ways by which campaign finance laws might COMPETITIONs, SPENDINGs) (3) influence citizens’ perceptions about the work- ings of democracy. To the extent that campaign finance regulations influence electoral compe- 11 This section is technical in nature and can be skipped tition, or the amount and tone of advertising, by readers interested only in the main findings. 5992_03_p23-39 1/26/06 10:26 AM Page 28
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