Elections and Campaign Finance

Elections and Campaign Finance

1. Buckley v. Valeo (1976)

   • Topic: Did the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971, and related provisions of the Internal Revenue Code of 1954, violate the First Amendment's freedom of speech and association clauses?
     • Significance: Campaign spending is a form of political expression the 1st Amendment protects. The Constitution forbids Congress from limiting individual political campaign expenditures. However Congress can regulate contributions to candidates and parties. The decision opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they’re not directly coordinated with a particular campaign.

2. McConnell v. FEC (2003)

   • Topic: Does the "soft money" ban of the Campaign Finance Reform Act of 2002 exceed Congress's authority to regulate elections under Article 1, Section 4 of the United States Constitution and/or violate the First Amendment's protection of the freedom to speak? Do regulations of the source, content, or timing of political advertising in the Campaign Finance Reform Act of 2002 violate the First Amendment's free speech clause?
   • Significance: Court upholds provisions strictly regulating “soft money” in Bipartisan Campaign Finance Reform act of 2002. Provision forbidding people 17 yrs or younger from contributing to federal campaign struck down as violation of 1st amendment.

3. Bush v. Gore (2000)

   • Topic: Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
   • Significance: A narrow 5-4 majority ruled that Florida’s practice of allowing local election jurisdictions to establish their own procedures for counting ballots and determining voter intent is inconsistent with the Constitution’s Equal Protection and Due Process Clauses. It ruled that Florida’s procedures for manually recounting presidential votes were not specific enough when presidential candidate Al Gore demanded a recount of the ballots in the Florida presidential election. The case handed George W. Bush the presidency in 2000.