CHAPTER SEVENThe Electoral Process

THE NOMINATING PROCESS

Process of candidate selection; naming those who will seek office

Those who make nominations place limits on choices that voters can make in an election

Ways in which nominations are made:1. Self-Announcement2. The Caucus: group of like-minded people who

meet to select the candidates they will support in upcoming election; used more often at local level

3. The Convention: different levels of delegate selection; corruption over time

4. Petition: used mostly at local level; some states use for minor/third party candidates

5. THE DIRECT PRIMARY

An intra-party election – held within a party to pick party’s candidates for general election

Closed primary: only declared party members can vote

Open primary: any qualified voter can cast a ballot

Runoff primary: ten states require absolute majority (rather than plurality) to carry primary; if no one wins, runoff primary between top two vote-getters

Nonpartisan primary Presidential primary: choice of

delegates or candidate preference

ADMINISTRATION OF ELECTIONS Extent of federal control

Congress has the power to fix “[t]he Times, Places, and Manners of holding Elections” of members of Congress

As well as power to choose presidential electors, set date for casting electoral votes, regulate other aspects of presidential election process

Secret ballots and voting machines in federal elections

Protect the right to vote: Help America Vote Act 2002

Date set to avoid Sundays and first day of the month – “Tuesday after the first Monday”

Early and absentee voting Coattail Effect

PRECINCTS, POLLING PLACES, CASTING THE BALLOT

Precinct: voting district Polling place: place where

the voters who live in a precinct actually vote

Ballot: device by which voter registers a choice in an election Australian Office-Group Party-Column Sample Bedsheet

Automated voting Lever Electronic Data Processing Vote-by-mail Online voting

ISSUES RAISED BY CAMPAIGN SPENDING See table on page 197 – what factors may account for the

rise in per voter spending over the years? Reasons for increase:

Radio and television time Professional campaign managers and consultants Newspaper advertisements Pamphlets Buttons Posters and bumper stickers Office rent Polls Data processing Mass mailings Web sites Travel

Amount spent on races depends on: office involved, incumbent, opposition, availability of campaign funds

SOURCES OF FUNDING

Major source of funds Small contributors

Only about 10% people of voting age ever make contributions

Wealthy individuals and families

Candidates Various non-party groups

(PACS) Temporary organizations:

formed for immediate purpose of campaign (fundraising)

Candidates can also choose to receive public financing

Subsidy: grant of money, usually from government (federal state treasuries)

Public funding has been most important at presidential level Preconvention campaign National conventions Presidential election Requires matching funds,

eligibility and limitations

PRIVATE PUBLIC

FEDERAL ELECTION COMMISSION

Administers all federal law dealing with campaign finance

Created by Congress 1974 – independent agency in executive branch; 6 members appointed by President with Senate confirmation

Finance laws are strongly worded and detailed but they are not very well enforced

Underfunded and understaffed Areas of concern:

Require timely disclosure of finance data Place limits on campaign contributions Place limits on campaign expenditures Provide public funding for several parts of presidential

election process

POLITICAL ACTION COMMITTEES Neither corporations nor

labor unions can contribute to candidate running for federal office – political action committees can

Types of PACS Political arms of special

interest groups “unconnected

committees” Contributions from

members or from public “bundle” Limitations

LIMITS ON EXPENDITURES Buckley v. Valeo, 1976

Court struck down limits by FECA amendments of 1974 based on guarantees of freedom of expression

Threw out: Limitations on expenditures

by candidates running for House and Senate

Limitations how much of own money can spend

No person or group could spend more than $1000 on behalf of federal candidate without permission

Hard vs. Soft Money contributions

BCRA 2002