Here’s an outline of campaign finance in the U.S., formatted for HTML:
Campaign Finance in the United States: An Overview
I. Introduction
Campaign finance refers to the raising and spending of money to influence elections. It’s a complex area governed by federal and state laws, aiming to balance free speech rights with concerns about corruption and undue influence.
II. Key Federal Laws and Regulations
- Federal Election Campaign Act (FECA) of 1971:
- Established disclosure requirements for campaign contributions and expenditures.
- Limited individual and PAC contributions.
- Amendments to FECA (1974):
- Created the Federal Election Commission (FEC) to enforce campaign finance laws.
- Established public financing for presidential elections.
- Bipartisan Campaign Reform Act (BCRA) of 2002 (McCain-Feingold):
- Banned “soft money” contributions to national parties. (Soft money was unregulated money)
- Regulated “electioneering communications” (ads mentioning a candidate close to an election).
III. Supreme Court Cases
- Buckley v. Valeo (1976):
- Struck down limits on independent expenditures and candidate’s personal spending as violations of free speech.
- Upheld contribution limits, arguing they prevent corruption or its appearance.
- Citizens United v. Federal Election Commission (2010):
- Ruled that corporations and unions have the same free speech rights as individuals, allowing them to spend unlimited amounts of money on independent political expenditures.
- Led to the rise of Super PACs and increased spending in elections.
- McCutcheon v. FEC (2014):
- Struck down aggregate limits on individual contributions to candidates and political committees.
IV. Types of Campaign Finance
- Hard Money:
- Regulated contributions to candidates and parties.
- Subject to contribution limits and disclosure requirements.
- Soft Money:
- Money raised for party-building activities or generic issue advocacy.
- Largely banned at the federal level by BCRA, but can still exist at the state level.
- Independent Expenditures:
- Spending on communications that expressly advocate for or against a candidate but are not coordinated with the candidate’s campaign.
- No limits on spending, thanks to *Buckley* and *Citizens United*.
- Political Action Committees (PACs):
- Organizations that raise and spend money to elect and defeat candidates.
- Subject to contribution limits.
- Super PACs:
- Independent expenditure-only committees that can raise unlimited sums of money from corporations, unions, and individuals.
- Cannot directly coordinate with candidates’ campaigns.
- 501(c)(4) Organizations:
- “Social welfare” organizations that can engage in political activity as long as it’s not their primary purpose.
- Can keep their donors secret.
V. Ongoing Debates and Issues
- The role of money in politics and its impact on elections.
- Whether campaign finance laws effectively prevent corruption or undue influence.
- The impact of *Citizens United* and the rise of Super PACs.
- Calls for campaign finance reform, such as public financing of elections.
- The influence of undisclosed “dark money” in elections.