Is campaign finance reform possible?
PACs + ambiguities + tax codes
Decreased incentivisation for reform
o PACs formed after Smith-Connally Act (trade unions)
o 2012, PACs $800 million – 2020, $1.2 bn
Tax codes
o 527s – unlimited funds
o 5014s – social welfare
Money fuels politics
o Buckley v Valeo
Bi- Partisan Campaign Reform Act did stop committees raising soft money
Smith Connally Act did stop trade unions
Tax codes aren’t all powerful, disclose donors, social welfare
Democratic pledge to not accept funds scrapped – successful campaigns from Pete Buttigieg & Amy
Klobuchar
Partisanship
Last bipartisan act was Bi-Partisan Campaign Reform Act 2002
Mitch McConnell make Obama ‘one term President’
Obama lame duck President last 6 years
Biden Senate 50-50 split (Joe Manchin)
Bi Partisan Campaign Reform Act shows bipartisanship in regulating soft money
Federal Elections Campaign Act 1971, Senate 88-2, House 372-23
Trustee model means they have to deliver for the people
Constitutional challenges
Court cases challenging
o Buckley v Valeo 1974
o Citizens United 2010
o MuCutcheon v FEC 2014
Where acts like Federal Election Campaign Act 1974 try to reform, challenges will always occur
First National Bank v Belotti – corporations have a right to contribute to ballot initiative campaigns – Citizens
United 2010 confirmed this
McConnell v FEC 2003 vs Citizens United 2010, clear difference in understanding
2003, Sandra Day O’Connor but 2010, Samuel Alito
Liberal court would derive different understanding
PACs + ambiguities + tax codes
Decreased incentivisation for reform
o PACs formed after Smith-Connally Act (trade unions)
o 2012, PACs $800 million – 2020, $1.2 bn
Tax codes
o 527s – unlimited funds
o 5014s – social welfare
Money fuels politics
o Buckley v Valeo
Bi- Partisan Campaign Reform Act did stop committees raising soft money
Smith Connally Act did stop trade unions
Tax codes aren’t all powerful, disclose donors, social welfare
Democratic pledge to not accept funds scrapped – successful campaigns from Pete Buttigieg & Amy
Klobuchar
Partisanship
Last bipartisan act was Bi-Partisan Campaign Reform Act 2002
Mitch McConnell make Obama ‘one term President’
Obama lame duck President last 6 years
Biden Senate 50-50 split (Joe Manchin)
Bi Partisan Campaign Reform Act shows bipartisanship in regulating soft money
Federal Elections Campaign Act 1971, Senate 88-2, House 372-23
Trustee model means they have to deliver for the people
Constitutional challenges
Court cases challenging
o Buckley v Valeo 1974
o Citizens United 2010
o MuCutcheon v FEC 2014
Where acts like Federal Election Campaign Act 1974 try to reform, challenges will always occur
First National Bank v Belotti – corporations have a right to contribute to ballot initiative campaigns – Citizens
United 2010 confirmed this
McConnell v FEC 2003 vs Citizens United 2010, clear difference in understanding
2003, Sandra Day O’Connor but 2010, Samuel Alito
Liberal court would derive different understanding
