12.2 Federal and state election laws

Federal and state election laws form the backbone of our political system. They regulate campaign finance, establish voting rights, and set rules for ballot access. These laws aim to ensure fair elections, prevent corruption, and protect the integrity of the democratic process.

From contribution limits to disclosure requirements, election laws shape how campaigns operate. They also safeguard voting rights, combat discrimination, and determine how states administer elections. Understanding these laws is crucial for anyone involved in or studying political campaigns.

Federal Campaign Finance Laws

Key Legislation and Regulations

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• Federal Election Campaign Act (FECA) established comprehensive regulations for federal campaign financing in 1971
  • Created the Federal Election Commission (FEC) to enforce campaign finance laws
  • Implemented limits on contributions from individuals and organizations
  • Mandated public disclosure of campaign contributions and expenditures
• Bipartisan Campaign Reform Act (BCRA) amended FECA in 2002 to address soft money and issue advocacy
  • Banned national political parties from raising or spending soft money
  • Restricted electioneering communications by corporations and unions
  • Increased individual contribution limits and indexed them for inflation
• Campaign finance regulations govern how political campaigns raise and spend money
  • Prohibit contributions from foreign nationals and federal contractors
  • Restrict coordination between campaigns and outside groups
  • Establish reporting requirements for campaigns and committees

Electioneering and Disclosure

• Electioneering communications refer to broadcast, cable, or satellite communications that mention a candidate within 60 days of a general election or 30 days of a primary
  • Must include a disclaimer identifying the sponsor
  • Cannot be paid for by corporations or labor unions using their general treasury funds
• Disclosure requirements promote transparency in campaign financing
  • Campaigns must report all contributions over $200 to the FEC
  • Political committees must file regular reports detailing their financial activities
  • Donors contributing over $200 must provide their name, address, and occupation

Contribution Limits

• Contribution limits cap the amount individuals and organizations can give to candidates and committees
  • Individual contributions to federal candidates limited to $2,900 per election (2021-2022 cycle)
  • Political party committees can receive up to $36,500 per year from individuals
  • Multicandidate PACs limited to $5,000 per candidate per election
• Limits adjusted for inflation every two years
• Some entities face additional restrictions (corporations, labor unions)

Political Action Committees

Types and Functions of PACs

• Political Action Committees (PACs) raise and spend money to elect or defeat candidates
  • Separate Segregated Funds (SSFs) connected to corporations, labor unions, or trade associations
  • Nonconnected PACs operate independently from any organization
  • Leadership PACs associated with current or former politicians
• PACs can contribute directly to candidates, parties, and other PACs
  • Subject to contribution limits ($5,000 per candidate per election)
  • Must register with the FEC and file regular financial reports
• Serve as intermediaries between donors and candidates
  • Aggregate small contributions from many individuals
  • Allow organizations to participate in the political process

Super PACs and Independent Expenditures

• Super PACs emerged following the Citizens United v. FEC decision in 2010
  • Officially known as Independent Expenditure-Only Committees
  • Can raise unlimited funds from individuals, corporations, and unions
  • Prohibited from coordinating directly with candidates or political parties
• Super PACs focus on independent expenditures to support or oppose candidates
  • Can spend unlimited amounts on political advertising and voter outreach
  • Must report their donors and expenditures to the FEC
  • Cannot contribute directly to candidates or political parties
• Have significantly increased outside spending in elections
  • Often run negative advertising campaigns against opponents
  • Criticized for potentially allowing wealthy donors to have outsized influence

Voting Rights and Access

Landmark Voting Rights Legislation

• Voting Rights Act of 1965 aimed to overcome legal barriers preventing African Americans from exercising their right to vote
  • Banned discriminatory voting practices (literacy tests, poll taxes)
  • Established federal oversight of election administration in areas with a history of discrimination
  • Section 5 required certain jurisdictions to obtain preclearance for changes to voting procedures
• Help America Vote Act (HAVA) passed in 2002 to address issues from the 2000 presidential election
  • Created the Election Assistance Commission to provide guidelines and resources
  • Mandated states to implement statewide voter registration databases
  • Required states to offer provisional ballots to voters whose eligibility is in question
  • Established minimum standards for voting systems and poll worker training

Ballot Access and Election Administration

• Ballot access laws determine how candidates and political parties qualify to appear on election ballots
  • Vary by state and often include petition requirements or filing fees
  • Minor parties and independent candidates may face higher thresholds
  • Some states have fusion voting, allowing candidates to appear under multiple party lines
• States continue to pass laws affecting voting access and procedures
  • Voter ID requirements implemented in many states (strict photo ID vs. non-strict)
  • Early voting and no-excuse absentee voting expanded in some jurisdictions
  • Automatic voter registration adopted by several states (linked to DMV transactions)
• Ongoing debates over election security and voter accessibility
  • Implementation of electronic voting machines and paper audit trails
  • Concerns about voter suppression vs. election integrity
  • Redistricting and gerrymandering challenges in many states