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Campaign Finance Reform: PACs
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PACs
Political action committees or PACs began forming as early as 1943, but formed more
quickly in the 1970s as the new laws made it clear which types of campaign contributions
and expenditures were legal. There are two types of PACs:
- PACs may be affiliated with labor unions, corporations, and associations or
organizations which maintain separate funds from their operating budget funds. These
segregated funds are supported by voluntary donations on the part of members
for contributions to candidates;
- Nonconnected or independent PACs are not affiliated with any other
organization, but raise money to try to influence the outcomes of election campaigns.
Instead of contributing money towards a candidate.
While corporations were initially cautious about the legality of PACs, the Federal
Election Campaign Act of 1971 authorized use of separate, segregated funds by corporations
and unions. An advisory opinion from the newly created Federal Election Commission stating
that corporations and unions that were government contractors could give to federal
candidates led to a rapid increase in the number of PACs. From just over 100 PACs in 1971,
the number grew to 3,525 by 1983.
Buckley v. Valeo
In 1976, the U.S. Supreme Court ruled unconstitutional substantial portions of the 1974
Federal Election Campaign Act. In Buckley v. Valeo, the Court stated that limits on
contributions by candidates to their own campaigns, limits on independent PAC
expenditures, and limits on campaign expenditures restricted the First Amendment rights to
free speech and association.
The Court noted that any limitation on campaign contributions and expenditures
restricts freedom of expression. At the same time, the Court ruled that expenditure limits
have a more severe impact on free expression than limits on contributions. According to
the case, contributions to a candidate are intended to facilitate free expression by
someone else - the candidate - and may be limited. The Court accepted the idea that the
government has a legitimate interest in the prevention of corruption and therefore upheld
the $1,000 limit on individual contributions and the $5,000 limit on PAC contributions.
While the Court rejected the claim that the government had an interest in curtailing
skyrocketing costs of political campaigns, it upheld the legality of restricting
contributions to and spending by presidential candidates who accept public campaign funds.
Click here to read the decision in Buckley v. Valeo
Soft Money v. Hard Money
Under current law, corporations and labor unions are prohibited from making contributions
in connection with a federal election, while individuals and PACs are subject to federal
limits of $1,000 and $5,000 respectively. We talk about two types of money when we talk
about campaign financing:
- Hard money is direct contributions to a political candidate that is regulated under
federal law.
- Soft money is money that is raised by political parties for general purposes but not
designated for a particular candidate. In the past, this money has been unregulated and
candidates were not required to disclose the amount of their soft money
contributions.
The FEC began requiring parties to disclose their soft money contributions in 1991.
During the 1996 election, national parties raised over $622 million in soft money and they
are on track to double that amount in the upcoming election.
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