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federalism and independent state legislature theory
causes gerrymandering and voter restrictions since individual states have power over their elections
voting processes?
voting rules decided by state for example felons cant vote, residency requirements, and time requirements
did the motor voter act help
a little bit but turnout stayed around the same
state barriers to voting
Grandfather clause, literacy test, patriotism test, poll taxes
states opinion on voter restrictions
argued that they were not barriers to voting but reasonable things like revenue and having informed voters
why was the voting rights act of 1965 enacted
to get rid of voting barriers
preclearance
certain states had to get approval from justice department to change voting laws
what case struck down preclearance
shelby county v holder
modern barriers to voting
harder to register, voter id
Baker v carr
redistricting can be ruled on by judges, before it was a legislative/political issue
wesberry vs sanders
districts equal in population
reynolds v sims
unequal district populations violate one person one vote principle
shaw vs reno
racially gerrymandered districts can be challenged under the 14th amendment
moore vs harper
rejects independent state legislature theory, legislatures still accountable to state constitutions and judicial decisions
Merrill/Allen vs Milligan
upholds section 2 of voting rights act, must redraw districts to reflect black population
supreme court remands case and outcome is the same?
sometimes the sc decides precedent and sends it back down where it gets the same ruling
what helps with districting controvery
nonpartisan commissions that draw the maps
what did the Bipartisan Campaign Reform Act (2002) do
o Soft money ban - national parties can't raise unlimited party funds
o Electioneering ads- no corporate/union money for ads naming candidates 30 days before primaries, 60 days before general elections
o Stand by your ad - candidates must approve their ads
o Higher hard-money limits- indexed to inflation
what is still intact from the BCRA
party soft money ban, disclaimers and disclosures
what was struck down from the BCRA
corporate union ad ban, millionaires amendment, party coordinated spending limits
what was the millionaires amendment
when a wealthy candidate self-funded their campaign, laws on the opponent were loosened,
when and what case killed the millionaires amendment
davis v FEC 2008
when and what case ended the corporate union ad ban
citizens united 2010
the bcra mostly survived
mcconnell v fec
when and what case shot down party coordinated spending
NRSC v FEC 2026
In short what happened with the BCRA possible short answer
soft money ban survived, limits on outside spending mostly did not
What is a super pac (sa)
independent-expenditure-only committee that supports or opposes candidates
when were super pacs born
citizens united 2010
what can super pacs do
raise unlimited sums from individuals corporations and unions and spend unlimited amounts on ads and mobilization
what can super pacs not do
give directly to candidates or parties, coordinate with campaigns, hide donors from the fec
who can fund dark money
nonprofits
the debate around super pacs
free speech and independent spending vs outsized influence for megadonors
why is money necessary in campaigns
to buy ads staff data polling and travel, for name recognition, and for other race costs
how much to races cost now
millions
name recognition is harder for
challengers
raising money in campaigns is problematic because
time fundraising instead of governing, money for favors corruption, favors incumbents and wealthy donors, and dark money reduces accountability
who give to campaigns
individuals pacs parties super pacs and self-funders
why do entities give to elections
ideology, access, protecting interests, and baking likely winners
Election Money alternative: Public financing
pros: less donor reliance
cons: costly and candidates opt out
election money alternative: small donor matching
pros: broader base
cons: complex, still needs money
election money alternative: tighter limits
pros: curb corruption
cons: first amendment limits, money shifts
What do all candidates need in a campaign
money
what is the median voter theory
malleable voters in the middle that can switch and cater to those voters. what are the policies to sway them to your side?
How candidates are chosen?
self starters and recruits, primaries, caucuses, and conventions
self starters and recruits
people decide to run, parties and groups recruit
primaries
voters choose the party nominee
what is the most common way candidates are chosen
primaries
caucuses
local party meetings, discussions, then a public vote
conventions
delegates formally nominate, but mostly ceremonial now
primary laws and systems by state
closed, open, semi-closed, top two/blanket, and runoffs
closed primary
only registered party members vote
open primary
any voter picks a party ballot
semi-closed primary
party members plus unaffilliated voters
top two/blanket primary
one ballot, top two advance (CA, WA, LA)
Runoff primary
required in some states if there is not majority
key idea about primaries
states set primary rules, so elections look different across all states
State and local elections characteristics
term limits can vary
tools of state and local elections
referendums and intiatives, state court elections, superpacs
where have superpacs been most effective
state and local races
us term limits v thorton
congressional term limits have to come from federal and not state level