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ABA Online Conversations: Law, Diversity & The Vote: Voting: Campaign Finance Reform (CFR)




 
Online Conversation: Law Diversity & the Vote

Voting
Campaign Finance Reform

Use these links to navigate the main sections of the Voting: Campaign Finance Reform section. Links for navigating the entire voting section, as well as the rest of the Law, Diversity and the Vote site are at the bottom of the page.

Introduction, History & Change | PACs | Recent Reform Proposals
Arguments For & Against Campaign Finance Reform

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Introduction
Before the year 2000 even began, 14 presidential hopefuls had already spent a combined total of over $157,800,000 on the 2000 election. Many concerned citizens are alarmed at the tremendous amounts of money flowing into the hands of political parties in an effort to help their candidates get elected.

Politicians make laws that affect us every day. All of us are affected by the combination of politics and money.

Political Scientist Robert Lineberry wrote in 1981 that the $1.2 billion spent on the presidential campaign in 1980 was only slightly larger that the total amount spent by Americans each year for lawn mowers and less than that spent on microwave ovens. His conclusion was that money spent on elections, while undeniably a huge amount, is a “bargain” and the price we pay for learning more about individual candidates.

Beginnings of U.S. Political Campaigns
The country’s founders could not have anticipated the development of today’s political system which pits candidates against each other in a battle to raise millions of dollars in order to be elected. They hoped that those running for office would be like George Washington who left the comforts of his home to lead the nation in war and to launch a new government. As the constitution was being written, the idea of “the public good” was popular. James Madison envisioned a government which protected the “permanent and aggregate interests of the community” rather than those of individual factions. In the New World, elections would be determined by citizens and won by leaders who would consider what was best for the whole society rather than what was best for their own individual interests.

By the early 1800s, however, the realities of American politics and society bore almost no resemblance to Madison’s vision of government. Disagreements arose over fiscal and economic policy issues, leading to the country’s first political parties. The parties turned to the public for financial support and steadily increased the dollar amounts they spent on elections. When Abraham Lincoln was elected president, Democratic and Republican parties spent a combined total of $150,000, a tremendous amount of money in 1860.

At the close of the nineteenth century, William McKinley spent over $3 million and won the presidency over his opponent, William Jennings Bryan, who spent $675 thousand. During that election, a Republican fundraiser recommended that banks and other businesses contribute a specified amount to the McKinley campaign.

The first $20 million presidential campaign came in 1960, with the advent of big dollars spent on television advertising, and had reached record-breaking amount of $91 million by 1972.

By the turn of the century, laws were being considered to regulate campaign contributions. The first federal campaign contribution law was passed in 1907. It prohibited contributions by corporations to candidates for federal office. In 1910, a law was passed requiring disclosure of campaign contributions. An individual’s contribution was limited to $5,000 by the Hatch Act of 1940 and labor unions were banned from contributing to federal campaigns in 1947.

More Campaign Finance Changes
The Federal Election Campaign Act (1971) limited contributions by presidential candidates or their immediate families to $50,000. The bill restricted money spent on media and required public disclosure of campaign contributions of $100 or more. The act also established a policy of public financing of presidential campaigns, and allowed taxpayers to contribute one dollar of their annual income tax to the fund. Politicians who accepted public funds were prohibited from accepting campaign contributions from any other source.

The Watergate scandal focused considerable attention on campaign financing. Two individuals had contributed over $1 million to Richard Nixon’s campaign and the Watergate special prosecutor discovered that a number of U.S. corporations had made illegal contributions during the 1972 campaign.

Reacting to the disclosures, Congress passed the Federal Election Campaign Act Amendments of 1974 which set a $1,000 limit on individual contributions to a candidate for each primary, runoff, or general election, and cash contributions of more than $100 were outlawed. Contributions from organizations, political committees, and national and state party organizations to a federal candidate were limited to $5,000. The Amendments also established the Federal Election Commission (FEC), which is responsible for administering laws on campaign finances, and set spending limits of $10 million per candidate in the presidential primaries and $20 million in the general election.

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