Essay plans - Electoral systems Flashcards
(39 cards)
What are the requirements to be a presidential candidate?
PARTY
Democratic/Republican Endorsement is required as third-party candidates don’t get anywhere.
There were 5 third party candidates in the 2012 presidential election, but none received any Electoral College votes.
Libertarian Gary Johnson won over 4m votes in 2016 and no EC votes.
However, they gained 2% more of the vote in 2016 and third party candidates collectively received almost 170,000 more votes than in 2012 in Ohio.
POLITICAL
Obama was a US Senator (2005-2008).
Bush was governor of Texas (1995-2000).
If they don’t have much political experience, they will look for that in their VP.
Mike Pence was a Rep for 12 years whereas Trump has very limited experience.
Joe Biden served in the Senate for 36 years against Obama’s 4 years and he also brought a lot of foreign policy expertise to Obama’s little experience.
FUNDRAISING
Must be able to raise money otherwise little chance of success.
Candidates are required to raise large sums of money to keep their long campaigns going e.g. in 2016 Hilary Clinton raised $580m for her campaign and even though Trump raised a smaller amount, $350m, he was strengthened by the fact that over $50m of the money contributed was his own.
A lack of funds has also led many strong candidates to withdraw, such as Kamala Harris in November 2019, showing the control that money and wealth have over the nomination process.
What are the key features of the invisible primary?
MEDIA
7 Rep and 4 Dem TV debates before Feb 2016.
During a 2011 debate, Rep candidate Rick Perry vowed to close 3 gov agencies and forgot name of third.
Being mentioned in the New York Times, the Washington Post or on TV programmes such as the Jim Lehrer Show can raise awareness of candidates.
Endorsements from high profile individuals generate media attention – Trump endorsed by conservative political commentators such as Sarah Palin.
To build momentum candidates may also write and publish a book, such as Obama’s “Audacity of Hope”.
Candidates gaining media attention in the invisible primary is significant because this creates momentum, which increases the likelihood that members of the electorate will vote for that candidate when it comes to Election Day.
Also, the bandwagon effect may lead to more voters voting for a candidate if that candidate has gained momentum.
FUNDRAISING
They need to raise enough money to last them throughout the presidential campaign.
Kamala Harris had to pull out of the 2020 race because she wasn’t able to raise enough funds and couldn’t finance her campaign.
Candidates will look to court pressure groups and PACS who will provide them will valuable funding.
Biggest fundraiser in invisible primary is often nominee e.g. democrats 2016 biggest fundraiser was Hilary Clinton.
Trump had to rely less on donations as he had money and status - $66m of own money.
LENGTH
The invisible primary is significant because it has increased the length of elections.
Candidates can announce their intention to run for their party’s nomination up to 18 months before the presidential election.
In the 2008 election race Hillary Clinton announced she was going to run for the Democrat nomination in January 2007, followed by Obama’s announcement in February.
She announced she was running in April 2015 for the 2016 election.
The invisible primaries increasing the length of presidential elections is significant because this means there is more time for candidates to gain media attention, money and political momentum.
However, increased length could lead to voters becoming more bored and apathetic towards the election due to it seeming to drag on for up to 2 years.
What are the key features of the invisible primary?
MEDIA
7 Rep and 4 Dem TV debates before Feb 2016.
During a 2011 debate, Rep candidate Rick Perry vowed to close 3 gov agencies and forgot name of third.
Being mentioned in the New York Times, the Washington Post or on TV programmes such as the Jim Lehrer Show can raise awareness of candidates.
Endorsements from high profile individuals generate media attention – Trump endorsed by conservative political commentators such as Sarah Palin.
To build momentum candidates may also write and publish a book, such as Obama’s “Audacity of Hope”.
Candidates gaining media attention in the invisible primary is significant because this creates momentum, which increases the likelihood that members of the electorate will vote for that candidate when it comes to Election Day.
Also, the bandwagon effect may lead to more voters voting for a candidate if that candidate has gained momentum.
FUNDRAISING
They need to raise enough money to last them throughout the presidential campaign.
Kamala Harris had to pull out of the 2020 race because she wasn’t able to raise enough funds and couldn’t finance her campaign.
Candidates will look to court pressure groups and PACS who will provide them will valuable funding.
Biggest fundraiser in invisible primary is often nominee e.g. democrats 2016 biggest fundraiser was Hilary Clinton.
Trump had to rely less on donations as he had money and status - $66m of own money.
LENGTH
The invisible primary is significant because it has increased the length of elections.
Candidates can announce their intention to run for their party’s nomination up to 18 months before the presidential election.
In the 2008 election race Hillary Clinton announced she was going to run for the Democrat nomination in January 2007, followed by Obama’s announcement in February.
She announced she was running in April 2015 for the 2016 election.
The invisible primaries increasing the length of presidential elections is significant because this means there is more time for candidates to gain media attention, money and political momentum.
However, increased length could lead to voters becoming more bored and apathetic towards the election due to it seeming to drag on for up to 2 years.
What types of primaries/caucuses are there?
OPEN/CLOSED
Open: Any registered voter can vote in either the Republican/Democrat primary but not both (regardless of their party affiliation). E.g. Used in 16 states such as Texas.
Encourages politicians to have wider appeal, usually moderate voters – filtering extreme candidates and good preparation for election.
However, can favour candidates with lots of money and high media profile, voters may be ill-informed.
Closed: Only registered party members can vote in that party’s primary. E.g. Used in 14 states such as New York and Florida.
Candidates are chosen by a loyal electorate, favours candidates with strong grassroots support in the party.
However, harder for party outsiders and lower participation.
WINNER-TAKE-ALL
The winner-takes-all, simple plurality system, which is used in 48 of the states, distorts the popular vote.
In 2000, Bush gained 50.4 million votes and 271 electors, whereas Al Gore gained more votes (50.9 million) but fewer electors (266).
In 2016, Hilary Clinton won nearly 3m more votes, but Trump won 77 more in EC.
The system also creates a lot of wasted votes.
In 2012, 37% of California’s electorate (4.8 million people) voted for Mitt Romney, but Obama won the state, therefore these 4.8 million votes for Romney were wasted because they didn’t help him win a single elector.
It could be argued that the winner may lack a popular mandate, therefore lack legitimacy.
CAUCUSES
State based meetings between key party members and supporters – who select a candidate for presidency. E.g. used in 13 states such as Iowa.
Supporters make their case for their candidate and attempt to convince others.
Favours a well-organised candidate with the support of their party, they must have a greater political awareness of the electorate.
However, often low participation, candidates may lack wider appeal.
What types of primaries/caucuses are there?
OPEN/CLOSED
Open: Any registered voter can vote in either the Republican/Democrat primary but not both (regardless of their party affiliation). E.g. Used in 16 states such as Texas.
Encourages politicians to have wider appeal, usually moderate voters – filtering extreme candidates and good preparation for election.
However, can favour candidates with lots of money and high media profile, voters may be ill-informed.
Closed: Only registered party members can vote in that party’s primary. E.g. Used in 14 states such as New York and Florida.
Candidates are chosen by a loyal electorate, favours candidates with strong grassroots support in the party.
However, harder for party outsiders and lower participation.
WINNER-TAKE-ALL
The winner-takes-all, simple plurality system, which is used in 48 of the states, distorts the popular vote.
In 2000, Bush gained 50.4 million votes and 271 electors, whereas Al Gore gained more votes (50.9 million) but fewer electors (266).
In 2016, Hilary Clinton won nearly 3m more votes, but Trump won 77 more in EC.
The system also creates a lot of wasted votes.
In 2012, 37% of California’s electorate (4.8 million people) voted for Mitt Romney, but Obama won the state, therefore these 4.8 million votes for Romney were wasted because they didn’t help him win a single elector.
It could be argued that the winner may lack a popular mandate, therefore lack legitimacy.
CAUCUSES
State based meetings between key party members and supporters – who select a candidate for presidency. E.g. used in 13 states such as Iowa.
Supporters make their case for their candidate and attempt to convince others.
Favours a well-organised candidate with the support of their party, they must have a greater political awareness of the electorate.
However, often low participation, candidates may lack wider appeal.
What factors affect voter turnout at primaries?
DEMOGRAPHY
Higher-income, better-educated and older members of electorate more likely to vote e.g. in 2016 over 50% of voters in North Carolina’s primary had a college degree and 1/3 earned more than $100,000 per year.
There is also wide belief that primary voters are more ideologically extreme e.g. in the same NC primary 37% described themselves as ‘very conservative’.
TYPE OF PRIMARY
Open primaries attract higher turnout, especially when one party has a competitive race e.g. in 2012, 10/11 Rep primaries had turnout increase incl. Mississippi’s of 105% and Wisconsin 92%. However, only 2/15 with closed primaries saw an increase – NY down 71% and Connecticut down 61%.
The 2008 Iowa caucus had a record turnout for a presidential caucus which was about 8 times the average, but even then turnout was only 16.3%.
WHETHER THE NOMINATION IS DECIDED
Primaries scheduled earlier attract higher turnout as identity of nominee not yet known e.g. 2008 NY Rep primary held in Feb had 640,000 votes cast whereas 2008, held in April had just 190,000.
Frontloading is when an increasing number of states schedule their presidential primaries or caucuses earlier in the presidential nomination process.
The number of states holding their primaries or caucuses before the end of March increased from just 11 in 1980 to 42 in 2008, and those 42 states included the 8 largest states.
California’s primaries moved from early June in 1980 to early February in 2008.
By February 5th, 2008, 55% of delegates to the Democratic and Republican conventions had already been chosen.
What are the strengths of the nomination process?
MONEY
Money raised in the invisible primary does not guarantee success, shown by the fact that in 2008 Hillary Clinton raised $20 million more than Barack Obama but did not win the Democratic candidacy.
The Federal Election Campaign Act Amendment (1974) expanded public financing to include primaries, in which the federal government matched the first $250 of an individual’s donation to a candidate if the candidate agreed to a $10 million spending limit.
Increased expense was an inevitable effect of changing the nomination process from being decided by party bosses to being decided by the electorate, due to finance being needed for campaigning so that the electorate are fully informed.
MOMENTUM/GRUELLING RACE
The process is not “too long” because the long, arduous contests are necessary for the best candidate to be eventually nominated.
The process is good preparation for the arduous task of running the presidential election campaign and the executive branch of government.
The length of the process tests a candidate’s stamina under pressure.
It is necessary to start the process early so funds can be raised.
A long process was an inevitable effect of changing the nomination process from being decided by party bosses to being decided by the electorate, due to all the states needing to be involved and the electorate needing to be fully informed.
In 2008, many suggested that Obama was a stronger candidate because of his long, gruelling primary battle with Hillary Clinton.
OPEN TO OUTSIDERS
Politicians who did not initially have a national reputation can take part.
E.g. Obama in 2008 with just 3 years Senate experience and Trump able to emerge in 2016 with no experience in elective office and who was opposed by hierarchy of own party.
However, it could be argued that people like Trump, lack the expertise to take on such a demanding role.
Normally accompanied by a VP who balances the ticket.
What are the weaknesses of the nomination process?
TOO LONG
Candidates can announce their intention to run for their party’s nomination up to 18 months before the presidential election.
In the 2008 election race Hillary Clinton announced she was going to run for the Democrat nomination in January 2007, followed by Obama’s announcement in February.
Frontloading is when an increasing number of states schedule their presidential primaries or caucuses earlier in the presidential nomination process.
The number of states holding their primaries or caucuses before the end of March increased from just 11 in 1980 to 42 in 2008, and those 42 states included the 8 largest states.
California’s primaries moved from early June in 1980 to early February in 2008.
By February 5th, 2008, 55% of delegates to the Democratic and Republican conventions had already been chosen.
Leads to “permanent campaigns” that alienate voters and result in low turnout.
Puts too much stress on early, unrepresentative states because of frontloading, which is undemocratic and unfair.
EXPENSIVE
It is necessary to raise very large amounts of money in order to create “momentum” for the long and very costly campaigns, therefore successful candidates will inevitably raise more than their rivals.
In the 2007 invisible primary Hillary Clinton raised $90 million and Obama raised $70 million.
In 2000, Liz Dole only raised $4.6 million in the invisible primary, which was not enough, and she was forced to withdraw before the New Hampshire primary.
Kamala Harris forced to withdraw in 2019 for lack of funds.
Unfair on less wealthy candidates.
Means that less wealthy members of the electorate are less represented.
STYLE OVER SUBSTANCE
The relentless media focus on the nomination campaign encourages a “beauty contest” rather than serious debates on substantive policy issues.
There were a total of 47 TV debates between candidates in the 2008 nomination process.
When Rick Perry forgot his lines in a nomination process TV debate in November 2011, his poll ratings quickly fell.
Newt Gingrich’s poll ratings soared when he gave an extremely robust defence of his private life in a nomination process debate in January 2012.
May have resulted in less suitable candidate being nominated.
Has led to more “Washington Outsiders” being nominated.
Leads to cynical voters suffering from overexposure to the media, causing lower turnout.
What are the formal functions of the national party convention?
CHOOSING PRESIDENTIAL CANDIDATE
Since the McGovern-Fraser reforms, candidates have been decided by primaries/caucuses to reduce influence of “party bosses” in “smoke-filled rooms”.
Therefore, a candidate can become a “presumptive nominee” well before the convention, e.g. Obama two months before the Democrat convention in 2008.
This means the convention is merely a “coronation” of the candidate.
It is fair to say that the NPC nowadays confirms rather than chooses the presidential candidates – not since Rep convention of 1976 has it been in any real doubt.
When there is no clear primary winner, in which case “super-delegates” may become important, such as at the 2008 Democratic convention when Obama was able to have a clearer lead over Hillary Clinton using the support of super-delegates.
To win the nomination a candidate must gain an absolute majority e.g. in 2016 Donald Trump was required to win 1,237 of 2,472 votes.
If no candidate wins an absolute majority, it becomes a brokered convention – delegates are no longer pledged and can vote how they want – there have been none since 1956.
CHOOSING VP CANDIDATE
This function has been lost – the last convention that announced running mate was Rep convention in 1988.
Presidential candidates now announce their VP candidate well ahead of the conventions:
In 2008, Obama announced his running mate, Senator Joe Biden, two days before the convention, and John McCain announced his running mate, Sarah Palin, three days before the convention.
Joe Biden announced Kamala Harris to be his running mate 6 days before the Democratic Convention in 2020.
DECIDING PARTY PLATFORM
A document containing policies to pursue if elected president.
Put together by the Platform Committee – holds hearings around the country in the first 6 months of election year – Dems conducted 1,600 in 2008.
National committee then drafts the platform and presents it to delegates – often debates on policy issues e.g. in 2016 the Rep platform called for Obergefell v Hodges (2015) – gave same-sex couples const. right to marry – to be overturned.
Moreover, the candidates are becoming less likely to follow their party platform,
In May 2014, the Nevada state convention voted to remove opposition to same-sex marriage and abortion from the Nevada Republican Party Platform, even though the 2012 Republican National Party Platform was firmly opposed to same-sex marriage and abortion.
What are the informal functions of the national party convention?
PARTY UNITY
Primaries can become bitter personal battles – gives opp to heal wounds.
In 2016, it was important for the Dems to form a united front after battle between Clinton and Sanders – Sanders closed his speech with a v complementary endorsement of Clinton – ‘will be an outstanding president’ - promoted party unity.
Less successful promotion by the Reps in 2016 – Many prominent Reps refused to support Trump e.g. Main rival Ted Cruz made a speech telling people to ‘vote your conscience rather than ‘vote for Trump’.
However, Trump was endorsed by conservative political commentators such as Sarah Palin which showed he had some right-wing support.
ENTHUSING PARTY FAITHFUL
Good opp to enthuse the party faithful in all 50 states through speeches and appearances from past party heroes. E.g. at the 2016 convention, a speech from Michelle Obama brought delegates to their feet.
Speeches often lead to an increase in candidates poll rating, known as the post-convention ‘bounce’.
E.g. Hilary Clinton jumped 4.5% in 2016 but Trump only 1%.
ENTHUSING ORDINARY VOTERS
Parties often locate their conventions in key swing states to try to impact the undecided voters there, such as the Democrats choosing North Carolina and the Republicans in Florida in 2012.
The Democrats held theirs in Wisconsin in 2020, which is a key swing state.
The large media focus on the candidates in the 3/4 day “jamboree” is good publicity for their campaign.
In 2008, John McCain’s acceptance speech attracted 38.9 million viewers and Obama’s acceptance speech attracted 38.4 million viewers.
The core vote of the party can be energised to vote by the conventions and party activists can be enthused to organise the “ground war” in the upcoming campaign in the states.
These points can all help the candidates to gain bounce” and “momentum”, such as in 2012 when Obama’s support increased from 47% to 50%, whereas Romney’s support decreased from 46% to 44%.
What are the strategies for choosing the VP?
BALANCED TICKET
Party tries to attract more voters by choosing a VP candidate that will appeal to different voters than the President, different region, age, gender, factions etc. – this has led to criticisms of the VP’s importance in office
E.g. Joe Biden was 65 and he balanced Obama’s youth who was 47, her served in the Senate for 36 years against Obama’s 4 years and he also brought a lot of foreign policy expertise to Obama’s little experience.
Trump chose Mike Pence who was a Rep for 12 years as he had no political experience.
EXPERIENCE
Many Presidents have limited experience of working on national issues such as foreign policy, therefore they use the VP for advice.
Joe Biden was Senator for 36 years, Obama only served for 4 years.
In 2012 mid-terms, Dems suffered losses. Biden advised Obama to get the Senates approval for the START Treaty (agreement between USA and Russia to halve the number of nuclear missile launchers) before the end of the term, because in the new year the Dems would have a smaller majority, meaning it would be difficult to ratify.
Biden had as many as 50 meetings and phone calls with senators to persuade approval - In 2010, Senate approved the treaty.
PARTY UNITY
Choosing a former rival as running mate.
Adopted by Raegan in 1980 who chose Bush – reunited party after bitter personal battle.
Biden chose Kamala Harris in 2020 who dropped out early on because of a lack of funds.
Clear that this would not work in many cases e.g. if Clinton were to have done this in 2016 it would have been Bernie Sanders and they have clear ideological differences.
How have PACs changed?
ORIGINS
PACs were formed to get around the bans implemented in the 1900-1950s.
Collect donations from individuals to use for supporting or opposing candidates.
First PAC formed in 1944 to support Roosevelt’s re-election campaign.
Can give $5,000 to a candidate committee per election (primary, general or special).
Can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC.
PACs may receive up to $5,000 from any one individual, PAC or party per year.
FEDERAL ELECTION ACT/COMMISSION
Candidates, parties and PACs had to report all donations over $100 and donations over $5000 had to be reported within 48 hours.
Introduced spending limits for candidates/family members - $50,000 for president, $35,000 for senate and $25,000 for House.
New caps on TV ads – 10p per voter.
The FEC was created to enforce and regulate campaign donation laws.
Limited individual donations to $1,000, PAC donations to $5,000 and banned contributions from foreign donors.
SUPER PACs
Unlimited donations from individuals, corps and trade unions.
Cannot donate to candidates bur instead spend on TV ads.
Whereas regular PACs can accept limited donations from individuals but can give limited donations to candidates.
Over 1.310 formed by time of election – raised over $800m – of this money 1% of the donors donated 68% of the money.
‘Restore Our Future’ spent over $140m supporting Mitt Romney.
In 2016, The pro-Clinton super PAC Priorities USA Action spent $132 million, more than any other outside group in any race in 2016. That’s triple the $43.5 million combined spending of the two largest pro-Trump super PACs, Great America and Rebuilding America Now.
How have PACs changed?
ORIGINS
PACs were formed to get around the bans implemented in the 1900-1950s.
Collect donations from individuals to use for supporting or opposing candidates.
First PAC formed in 1944 to support Roosevelt’s re-election campaign.
Can give $5,000 to a candidate committee per election (primary, general or special).
Can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC.
PACs may receive up to $5,000 from any one individual, PAC or party per year.
FEDERAL ELECTION ACT/COMMISSION
Candidates, parties and PACs had to report all donations over $100 and donations over $5000 had to be reported within 48 hours.
Introduced spending limits for candidates/family members - $50,000 for president, $35,000 for senate and $25,000 for House.
New caps on TV ads – 10p per voter.
The FEC was created to enforce and regulate campaign donation laws.
Limited individual donations to $1,000, PAC donations to $5,000 and banned contributions from foreign donors.
SUPER PACs
Unlimited donations from individuals, corps and trade unions.
Cannot donate to candidates bur instead spend on TV ads.
Whereas regular PACs can accept limited donations from individuals but can give limited donations to candidates.
Over 1.310 formed by time of election – raised over $800m – of this money 1% of the donors donated 68% of the money.
‘Restore Our Future’ spent over $140m supporting Mitt Romney.
In 2016, The pro-Clinton super PAC Priorities USA Action spent $132 million, more than any other outside group in any race in 2016. That’s triple the $43.5 million combined spending of the two largest pro-Trump super PACs, Great America and Rebuilding America Now.
How did campaign finance change in the 20th century?
PACs
Origins
FEA and FEC
PUBLIC FINANCE
Revenue Act (1971): voters could tick a box on their tax return to authorise $1 (now $3) to be used to fund presidential elections.
Candidates could receive $20m in public funds as long as they no longer accepted private donations – first used in 1976.
Watergate Scandal – donations to Nixon’s campaign were manages by the Committee for Re-Election of the President – these funds used to hire 5 men to break into Dem National Committee’s offices and steal info about their campaign.
Expansion of public financing (1974):
Expanded public financing to include primaries
Fed gov would match first $250 of an individual’s donation to an eligible candidate – candidates taking public funds had to agree to spending limits.
$10m in primaries and $20m in the general election.
BUCKLEY V VALEO
Buckley v Valeo (1976):
Argued that decision violated 1st Amendment rights
SC ruled that Congress could not limit how much candidates spend on campaign as this violated 1st Amendment rights.
However, they did uphold: the spending limits if the candidate voluntarily agreed to them for public matching fund, restrictions on how much groups/individuals could contribute, disclosure rules and public financing.
Also ruled that campaign finance laws can only restrict speech that expressly advocated the election or defeat of a candidate.
How did campaign finance change in the 21st century?
BI-PARTISAN CAMPAIGN REFORM ACT
Attempts at regulating finance in 20th century created 3 problems – PACs, Issue ads (Ads attempting to educate public on a particular political issue) and soft money (donations that are unregulated – given by non-political organisation).
Bi-Partisan Campaign Reform Act (2002):
Attempted to address all 3 issues
Banned national party committees from raising soft money
Banned labour unions and corps from funding ‘electioneering communications’ - any TV/Radio ad that named a federal candidate that was broadcast within 60 days of election or 30 days of primary.
SUPER PACs/OTHER GROUPS
Unlimited donations from individuals, corps and trade unions.
Cannot donate to candidates bur instead spend on TV ads.
Whereas regular PACs can accept limited donations from individuals but can give limited donations to candidates.
Over 1.310 formed by time of election – raised over $800m – of this money 1% of the donors donated 68% of the money.
‘Restore Our Future’ spent over $140m supporting Mitt Romney.
In 2016, The pro-Clinton super PAC Priorities USA Action spent $132 million, more than any other outside group in any race in 2016. That’s triple the $43.5 million combined spending of the two largest pro-Trump super PACs, Great America and Rebuilding America Now.
527 Groups: emerged in 2003/4 election cycle and can accept unlimited sums but must disclose donors. Not regulated by FEC because they focus on issue advocacy.
501(c)4 Groups: “Social Welfare Groups” that must spend majority of time on non-political activities and can keep donors anonymous.
COURT CASES
Citizens United v FEC (2010):
Wanted to air a documentary called “Hilary: the movie”
Lower courts blocked the film arguing that it was a feature length attack ad
SC, now more conservative, ruled that restrictions on how much corps, PACs and unions spend are unconstitutional and struck down Bi-P Act.
McCutcheon v FEC (2014):
Struck down restrictions that limited amount individual could donate to different federal campaigns over a 2-year period.
Limit had been set at $48,600 to federal candidates and $74,600 to parties/committees
Decision left intact the $2600 limit on contributions from a single donor to a single candidate.
What is the significance of hard and soft money?
RESTRICTIONS ON HARD MONEY
Money which is directly contributed to campaigns and so can be regulated by the Federal Election Commission.
The Federal Election Campaign Act Amendment (1974) limited hard money donations to a candidate to $1,000 for individuals and to $5,000 for PACs, which could increase with inflation.
However, these restrictions can be overcome by bundling, which is when “bundlers” gather contributions from many individuals in an organisation or community and present the sum to the campaign.
Buckley v Valeo (1976) ruled that it is unconstitutional to restrict spending by candidates on their own campaigns because this would violate the right to freedom of speech.
In 2016, Trump was able to spend $66 million of his own money.
McCutcheon v Federal Election Commission (2014) left intact the $2,600 hard money limit on contributions to a single candidate by a single donor, but struck down caps limiting the total amount a single donor could donate to different federal campaigns or parties.to campaigns and so can be regulated by the Federal Election Commission.
RESTRICTIONS ON SOFT MONEY
Soft money – money which was created by loopholes in the Federal Election Campaign Act 1979 and so is unregulated. It comes in the form of money contributed to parties for “general political activities” and as “spending on behalf of candidates” (independent expenditures).
The Federal Election Campaign Act (1979) – allowed individuals, unions and corporations to give unlimited donations to parties as soft money.
The amount of soft money raised by the Republican Nation Committee increased from $49.8 million in 1992 to $141.2 million in 1996.
Bi-Partisan Campaign Reform Act (2002) - banned soft money from being raised by national party committees.
McConnell v Federal Election Commission (2003) – the Bi-Partisan Campaign Reform Act’s ban on soft money did not violate free speech.
LOOPHOLES
Super PACs - can accept unlimited donations from individuals, corporations and unions as long as they don’t give any money to candidates and instead independently make TV adverts that help candidates’ campaigns.
527 Groups – focus on issue advocacy so not regulated by the Federal Election Commission and can accept unlimited sums, but must disclose donors.
501(c)4 groups – classed as “social welfare groups” that must spend the majority of their time on non-political activities, therefore they can keep donors anonymous.
even though national party committees are banned from raising soft money, all other organisations can still donate unlimited amounts of soft money to candidates.
Are TV debates important?
AID CAMPAIGNS
Televised debates take place in presidential elections campaigns so that the candidates can put forward their policies and personal qualities to the electorate of the whole country.
Due to the high media attention on the TV debates, they have the potential to “make” or “break” candidates and can help candidates achieve a “bounce” or drop in the polls.
Within a week of doing well in the first debate of the 2012 presidential election, Mitt Romney’s poll ratings had increased so that he was leading in both the Gallup seven-day tracking poll and the poll-of-polls published by the Real Clear Politics website.
Also, TV debates are part of the “unpaid” media attention on candidates, therefore candidates can get their policies and personal qualities out to the electorate for free.
The debates helping candidates in their campaigns is significant because this may lead to candidates saying anything, they can that will help them to get elected, therefore they may not be able to complete these promises once in office.
STYLE OVER SUBSTANCE
After the 2000 presidential debates, Al Gore was ridiculed on the TV show “Saturday Night Live” due to his conduct during his debate against George Bush, including frequently interrupting Bush, audibly sighing and rolling his eyes.
The debates can disadvantage incumbents who may come across as tired compared to a new, fresh opponent.
In the first debate of the 2012 presidential election, Obama was criticised for looking disengaged, bored and flat, therefore only 20% of viewers said that Obama had won the debate – disadvantage for incumbent - Obama hadn’t debated on TV since 2008 whereas Romney had been in 19 with fellow Rep candidates.
TV debates are highly controlled by media advisers and dominated by sound bites.
Trump was criticised in 2016 for his abrasive tone – “you’re wrong” “nasty women”.
Trump refused to say to Fox News that he’d respect the result regardless of the winner.
LIMITED EFFECT
The “winners” in the debates often turn out to be “losers” in the election.
In 2012, 72% viewers of the first presidential debate thought that Romney won, but Obama still went on to win the election.
This could be because the debates are used to energise the voter base rather than change the voting intentions of large numbers of voters.
Also, the debates occur very late in the campaign (usually in September or October), therefore most voters may have already made up their mind.
What are the different types of direct democracy?
INITIATIVES
Used in 24 states – citizens collect a req number of signatures to trigger a vote on a new bill/amendment to state constitution.
Direct: referred directly to the people after signatures collected.
Indirect: bill first sent to state legislature, which can decide to pass the bill without a vote.
No. of signatures varies e.g. California requires 8% for amendment and 5% for statute – of people that voted in the last gubernational election.
REFERENDUMS
Popular referendum: voters collect signatures within a certain time frame to trigger a vote on a passed bill.
A vote on a bill or state constitutional amendment that has already been passed by the state legislature.
Legislative referendum: state leg puts bills/amendments up for a vote – used in 23 states for statutes and 49 for amendments.
In 2013, the Oregon state legislature passed Senate Bill 833, which made four-year driver licenses available to individuals without any legal documents to prove they were living in the US legally.
Opposition groups soon gathered 71,000 signatures, enough to trigger a referendum, and in 2014, 66% of voters voted against the new law.
A number of states require referendums to approve of changes to the state constitution, which acts as a check and balance against unpopular constitution changes.
RECALL ELECTIONS
Used in 19 states – allow citizens to remove an elected official before the end of their term, by collecting signatures to trigger an early election e.g. in California you would need 12% of number of voters in last election.
Four Republican Wisconsin State Senators were successfully removed from office by recall elections in 2012, which acted as a check and balance on them by voters who were dissatisfied with their conservative policies.
In 2003, California was facing an energy crisis - many voters blamed the crisis in part on the state Governor Gray Davis, and a Republican-led campaign soon gathered the signatures to trigger a recall vote. Voters were first asked whether Governor Davis should be recalled, to which 55% of voters said yes.
How have voters realigned over the last century?
NEW DEAL
From the Civil War (1861-65) to the New Deal (1930s):
Republicans – northern states, businessmen, skilled workers and African Americans.
Democrats – southern states, farmers and unskilled workers.
President Franklin D. Roosevelt’s New Deal policies:
Democrats – the New Deal Coalition – white Protestants, southern/western states, working class, urban workers, trade unions, immigrants, Jews, Catholics and African Americans.
Republicans – businessmen and skilled workers.
The New Deal Coalition is significant because it kept the Democrats in power for decades.
Roosevelt won the 1936 election by winning 46 states and 523 Electoral College votes, whereas his rival Alf Landon won only 2 states and 8 Electoral College votes.
CIVIL RIGHTS ERA
The Democrats began alienating their white southern supporters by becoming more liberal.
President Truman established the “President’s Committee on Civil Rights” and ended segregation in the military.
The 1948 Democratic National Convention adopted a new platform calling for new civil rights legislation, causing 35 southern delegated to walk out.
President Lyndon Johnson introduced Medicare, Medicaid, civil rights legislation and desegregation legislation.
Nixon used the “Southern Strategy” to capitalise on the anger of southern Democrats.
Reagan began campaign by speaking about “state’s rights” in Philadelphia,
The Republicans gaining support from white southerners is significant because it helped the Republicans to achieve landslide victories.
Reagan won the 1984 election by winning 49 states and 525 Electoral College votes,
SIGNIFICANCE
Since 1992, the results of presidential elections have been much closer and there haven’t been any landslide victories, which means that voters are less likely to realign their support from one party to the other from election to election.
This has caused the creation of strongly partisan “safe states”, known as “red states” and “blue states”.
However, it is possible that southern states may realign back to the Democrats in the future due to the increase in the African American and Hispanic population in southern states such as Texas.
The reduction in the chance of partisan realignment is significant because parties are now more able to count on their core support in “safe states”, therefore they are less likely to visit these states during elections, which seems unfair to the voters there as their needs are less likely to be met by the government.
How important are ‘swing voters’?
DECIDE ELECTIONS
In the 2012 Presidential Election, Obama’s victory in key swing states, such as Florida (29 Electoral College votes), Pennsylvania (20 Electoral College votes) and Ohio (18 Electoral College votes), played a major part in his win of the election.
Obama’s 2008 “Time for Change” campaign appealed to independent voters due to it being an attractive proposal to disengaged voters.
Nationally, Clinton received 396,318 fewer votes than Obama in 2012, and many of these lost votes were in crucial swing states, like Michigan, Wisconsin, Pennsylvania, Iowa, and Ohio, which all voted for Obama in 2012, but Trump in 2016 - in these five Rust Belt states Clinton received over 1.2 million fewer votes than Obama in 2012.
Swing voters deciding elections is significant because voters in swing states are more likely to turnout as they can have more impact on the election, for example the swing state Wisconsin had a turnout of 73.2% in 2012, whereas the safe state New York had 53.5% turnout
ATTRACT ATTENTION
Candidates ‘target’ swing states and pour campaign workers and campaign finance (especially TV advertising) into them.
Between April 11th and Election Day 2012, Obama spent $314.8 million on TV ads, of which 99.6% was spent in just 10 states.
Candidates also make frequent campaign visits to swing states.
Between May to Election Day 2012, Obama and Romney made a total of 35 visits to Ohio, 31 visits to Florida and 29 to Virginia.
In the 2012 Presidential Elections, 38 states were not visited a single time by the candidates because they were not swing states.
National conventions often held in swing states - The Democrats held theirs in Wisconsin in 2020.
Swing voters getting more attention is significant because as a result, voters in other states do not get as much attention, therefore the voters there may feel unfairly treated, which undermines pluralist democracy and increases their political apathy.
INSIGNIFICANT
Swing voters can only have an impact in the few swing states.
The results in safe ‘”red” Republican states (such as Texas) or the safe “blue” Democrat states (such as New York) are pretty much certain, therefore the votes of swing voters will be wasted in these states due to the “winner-takes-all” system and they can have no impact on the national election result.
The six most important swing states only had around 900,000 undecided voters (swing voters) in 2012, therefore only these few swing voters could have an impact on the election result.
Swing votes only affecting the results in a few swing states is significant because this undermines pluralist democracy as their voices are less likely to be heard in the states in which their votes are wasted.
How important are ‘swing states’?
DECIDE ELECTIONS
ATTRACT ATTENTION
UNFAIR
The “winner-takes-all” system means that a candidate can get all the Electoral College votes in a swing state even though the popular vote is very close.
In the 2012 Presidential Election, Obama received 50.01% of the popular vote in Florida, so he received all 29 of Florida’s Electoral College votes, whereas Romney received 49.13% of the popular vote, but he received no Electoral College votes.
In the 2012 Presidential Election, Romney received 50.39% of the popular vote in North Carolina, so he received all 15 of North Carolina’s Electoral College votes, whereas Obama received 48.35% of the popular vote, but he received no Electoral College votes
In 2016, Hilary Clinton won nearly 3m more votes, but Trump won 77 more in EC.
The system also creates a lot of wasted votes.
In 2012, 37% of California’s electorate (4.8 million people) voted for Mitt Romney, but Obama won the state, therefore these 4.8 million votes for Romney were wasted because they didn’t help him win a single elector.
It could be argued that the winner may lack a popular mandate, therefore lack legitimacy.
How significant is split ticket voting?
DIVIDED GOVERNMENT
Split ticket voting is where voters choose candidates from different parties for different offices at a single election.
In the 2012 elections in West Virginia, Obama only received 35% of the vote, however the Democratic senator Joe Manchin gained 61% of the vote.
Split ticket voting is significant because it may cause divided government.
Divided government leads to gridlock – 2013 Government Shutdown caused by the two parties being unable to agree on Obama’s budget.
Makes government inefficient at getting legislation through congress.
WASTED VOTES
Split ticket voting may lack significance because divided government could actually be caused by wasted votes.
Congressional elections tend to waste far more Democratic votes, which could be the result of gerrymandering or due to Republican votes just being more effectively distributed.
Therefore, the Republicans are more likely to have control of Congress, which could cause divided government if there is a Democratic president.
In the 2012 Congressional Election, the Democrats gained 201 seats from 48.3% of the national vote, however the Republicans gained 234 seats in the House from only 46.9% of the vote.
ON THE DECLINE
In the 2004 and 2008 elections, there appeared to be an increase in straight ticket voting because the Presidency, the House and the Senate were all controlled by the same party.
The number of House districts that split their ticket reduced from 192 districts in 1972 to only 27 districts in 2012.
One reason for split ticket voting being on the decline could be that there is an increasing ideological divide between the parties, so Republicans and Democrats will be more likely to have different policies, therefore voters will be less willing to vote for a Republican for one office and a Democrat for another.
Why are National Nominating Conventions Important?
INFLUENCE VOTERS
They are important for influencing voters.
Parties often locate their conventions in key swing states to try to impict the undecided voters there, such as the Democrats choosing North Carolina and the Republicans in Florida in 2012.
In 2008, John McCain’s acceptance speech attracted 38.9 million viewers and Obama’s acceptance speech attracted 38.4 million viewers.
The core vote of the party can be energised to vote by the conventions and party activists can be enthused to organise the “ground war” in the upcoming campaign in the states.
These points can all help the candidates to gain bounce” and “momentum”, such as in 2012 when Obama’s support increased from 47% to 50%, whereas Romney’s support decreased from 46% to 44%.
Can influence the outcome of the election.
Could be democratic as voters may vote based on policies put forward at the conventions.
Could be undemocratic as voters may vote based on image at the conventions.
PARTY DIVISIONS
They heal party divisions.
In 2008, Hillary Clinton told the Democrat convention “Barack Obama is my candidate, and he must be our President”.
In 2012, Santorum endorsed Romney at the Republican convention.
In 2012, Ron Paul refused to support Romney and said “I don’t fully endorse him for President”, which could have impacted on the Romney’s eventual loss of the election as the party lacked unity.
Healing divisions is especially important after divisive primaries.
Supporters of losing candidates can be united behind the winning candidate.
The electorate may place more trust in the party.
ENTHUSE PARTY FAITHFUL + ORDINARY VOTERS
Why aren’t NNC important?
THEY DON’T DECIDE PRESIDENTIAL CANDIDATE
They have lost their formal function of deciding Presidential candidates.
Since the McGovern-Fraser reforms these candidates have been decided by primaries and caucuses to reduce the influence of “party bosses” in “smoke-filled rooms”.
Therefore, a candidate can become a “presumptive nominee” well before the convention, e.g. Obama two months before the Democrat convention in 2008.
This means the convention is merely a “coronation” of the candidate.
This is more democratic because the electorate is deciding rather than party leaders.
HOWEVER, conventions may decide Presidential candidates when there is no clear primary winner, in which case “super-delegates” may become important - At the 2008 Democratic convention when Obama was able to have a clearer lead over Hillary Clinton using the support of super-delegates.
THEY DON’T DECIDE VP CANDIDATE
They have lost their formal function of deciding Vice Presidential candidates.
Presidential candidates now announce their VP candidate well ahead of the conventions:
In 1976, Ronald Reagan was the first candidate to announce his running mate ahead of the convention, and then he didn’t win the nomination.
In 2008, Obama announced his running mate, Senator Joe Biden, two days before the convention, and John McCain announced his running mate, Sarah Palin, three days before the convention.
This is less democratic and goes back to the idea of “party bosses” deciding things in “smoke-filled rooms”.
HOWEVER, they’re important for showcasing the President and Vice President as a “balanced ticket” and appealing to a larger number of voters e.g. Joe Biden.
PARTY PLATFORM
They have lost their formal function of debating the party platform.
In May 2014, the Nevada state convention voted to remove opposition to same-sex marriage and abortion from the Nevada Republican Party Platform, even though the 2012 Republican National Party Platform was firmly opposed to same-sex marriage and abortion.
This is less democratic and goes back to the idea of “party bosses” deciding things in “smoke-filled rooms”.
HOWEVER, conventions are informally important for showing that the party is united behind the platform -In 2012 the Democrat platform included support for gay marriage for the first time, therefore the fact that all the 50 state parties were there showed unity behind this decision and helped to legitimise it