4.09 Campaigns (Government)

Sunshine Laws and Transparency

• Sunshine laws aim to ensure transparency and inform the public about government actions.
• "Sunshine Week" is a national initiative by the American Society of Newspaper Editors and the Reporters Committee for Freedom of the Press.
• It emphasizes the importance of these laws in supporting freedom of information.
• Legislative efforts support transparency in campaign finance due to the potential for corruption.

Campaign Finance Disclosure

• Money in campaigns can create the appearance of bribes.
• Example: A candidate receiving funds from an automotive company might weaken regulations affecting that industry after being elected.

Key Sunshine Laws

• The Federal Election Campaign Act of 1971:
  • Requires candidates for national office to report contributions of 100 or more in quarterly reports.
  • In election years, contributions of 5000 or more must be reported within 48 hours.
• The Freedom of Information Act (FOIA):
  • Allows the public to request records from federal agencies.
  • Enables requests for campaign finance reports from the Federal Election Commission (FEC).
• The FEC is an independent agency that enforces campaign finance law for federal elections.
• Nonprofit independent groups, like 501(c)(4)s, can have anonymous donors and are not required to disclose their sources of funding.

Why Campaigns Exist

• To provide voters with the information needed to choose a candidate.
• Aligned with the principles of republicanism.

The Campaign Process

• Campaigns are lengthy processes, lasting from several months to years.
• Steps often occur concurrently (e.g., fundraising, meeting voters, mobilizing volunteers).
• The process restarts after the primary election or nomination.

Campaign Organization

• Campaigns are organizations with a clear structure and hierarchy.
• They require both paid staff and volunteers.

Key Campaign Staff Roles

• Campaign Manager:
  • Oversees day-to-day operations, hiring, staff management, fundraising, and budgeting.
  • Implements the campaign's strategy to win the election.
  • Collaborates with political consultants who specialize in campaign management.
  • Consultants advise on fundraising, image, and messaging.
• Field Department:
  • Organizes canvassing and phone banking to connect with voters.
  • Organizes local events by working with grassroots organizations.
  • Example: Knock Every Door is a grassroots organization that trains volunteers for voter outreach.
• Communications Department:
  • Handles advertising and press relations.
  • Manages the candidate's image and messaging, including values, policy, experience, ideology, and goals.
  • Manages TV spots, or campaign advertisements that feature the candidate and their message, often containing sound bites.
  • Mass media advertising is sometimes called "air wars."
  • Campaigns use positive and negative ads to compete over the airwaves.
• Finance Department:
  • Brings in money through fundraising and donor coordination.
  • Important due to rising campaign costs, especially in advertising.
  • House of Representatives campaigns cost around 753,000 in 1996 and approximately 1.6 million today.
  • Presidential campaigns spend hundreds of millions of dollars.
  • Campaigns gain funds through contributions from PACs and Super PACs.
  • Candidates are often judged on their ability to raise money.
  • Some believe following the money is the best way to assess a political race.
  • Some states allow candidates to receive public or matching funds with spending limits.
  • Intensive fundraising efforts can lead to concerns about candidates being swayed by large contributions.
• Technology Department:
  • Oversees social media, websites, and other campaign technology.
  • Social media became prominent during Barack Obama's 2008 campaign.
  • Offers free marketing and fundraising at little to no cost, reaching a large audience.
  • Campaigns develop specific social media strategies.
  • Websites are used to spread the campaign's message.
  • Concerns exist about the framing and channeling of political information on social media.
  • Public discourse addresses potential manipulation of social media data and its impact on election outcomes.
• Political Consultants:
  • Experts on effective campaign strategies.
  • May not support the candidate's ideals but are paid to help them win.
  • Sometimes called "hired guns."
  • Concerns exist that consultants focus on negative advertising.
  • Some critics believe consultants drive campaigns, not the candidates.
  • Aim to influence how a candidate is perceived (packaging a candidate).
  • Example: Bill Clinton's campaign transformed his image by having him appear on talk shows and with his family, culminating in his saxophone performance on late-night TV.
• Scheduling Department:
  • Sets the candidate's schedule for maximum impact on voters.
  • Manages the candidate's personal schedule and the field and advance teams.
  • Gathers information about events.

Primaries and Caucuses

• Timing is critical for primaries and caucuses.
• Campaigning in a state before its primary is essential.
• Early results can influence perceptions of the frontrunner.
• The campaign can become a "horse race," with media focusing on polls and primaries.
• "Super Tuesday" is when many states complete their primary cycles.

Post-Nomination Strategy

• Presidential candidates focus on battleground or swing states post-nomination.
• Aim to "swing" voters and electoral votes.
• Some argue this is a consequence of the Electoral College and leads to neglect of other states.
• A counterpoint suggests geographic discrimination might still exist even with a popular vote election.

Role of Political Parties

• Parties aim to find the best candidate to run against the opposing party.
• Parties want candidates to fit the party image.
• Parties assess a candidate's likelihood of winning through open, closed, and blanket primary elections.
• In presidential elections, candidates are distinguished based on pledged delegate totals.

Money in Politics

• Senator Mark Hanna: "There are two things that are important in politics. The first is money, and I can't remember what the second is."
• Donating money is considered a form of protected speech.
• Buckley v. Valeo (1976):
  • Ruled that political donations were equivalent to free speech.
  • Spending limits on independent organizations and candidates violated the First Amendment.
• Citizens United v. Federal Election Commission (2010):
  • Ruled that corporate spending on independent political speech cannot be limited because it is protected speech under the First Amendment.
• Pendleton Civil Service Reform Act:
  • Eliminated the patronage system and instituted the merit system for hiring bureaucrats.
  • Reduced the power of political machines like Tammany Hall.
  • Made it illegal to ask for campaign donations on federal property.

Key Legislation

• The 1925 Federal Corrupt Practices Act:
  • Expanded on campaign finance regulation.
  • Required federal candidates and political committees operating in more than one state to file disclosure reports of donations and expenses before and after elections to support government transparency.
• The 1907 Tillman Act:
  • Prohibited monetary contributions to national political campaigns by corporations, unions, and national banks.
  • President Theodore Roosevelt called for this legislation as he was accused of accepting improper contributions.
  • Senator Charles Schumer argued that Citizens United v. Federal Election Commission (2010) overruled this legislation.
• The Bipartisan Campaign Reform Act of 2002 (McCain-Feingold Act):
  • Regulates soft money and issue advocacy.
  • Hard money is contributions given directly to a candidate's campaign.
  • Soft money is political contributions to a specific party not allotted to a certain candidate.
  • Prohibited parties, candidates, and officeholders from asking for soft money contributions in federal elections.
  • Prohibited corporations and unions from using their funds to pay for broadcast ads (provision found unconstitutional in Citizens United v. Federal Election Commission (2010)).
  • Included a "stand by your ad" provision.
• The 1947 Taft-Hartley Act:
  • Amended previous labor laws to control unions more closely.
  • Prohibited labor unions from contributing to political campaigns.
• The 1971 Federal Election Campaign Act (FECA):
  • Foundational piece to modern legislation.
  • Amended in 1974, creating the Federal Election Commission.
  • Increased the disclosure requirements of the Federal Corrupt Practices Act.
  • Amended six more times.
  • Reviewed by the Supreme Court numerous times.