Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold", is the most recent major federal law affecting campaign finance, the key provisions of which prohibited unregulated contributions to national political parties and limited the use of corporate and union money to fund ads discussing political issues within 60 days of a general election or 30 days of a primary election, until BCRA's provisions limiting corporate and union expenditures for issue advertising were overturned in Federal Election Commission v. Wisconsin Right to Life.
In the United States, a political action committee (PAC) is a 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation. The legal term PAC has been created in pursuit of campaign finance reform in the United States. This term is quite specific to all activities of campaign finance in the United States. Democracies of other countries use different terms for the units of campaign spending or spending on political competition. At the U.S. federal level, an organization becomes a PAC when it receives or spends more than $1,000 for the purpose of influencing a federal election, and registers with the Federal Election Commission (FEC), according to the Federal Election Campaign Act as amended by the Bipartisan Campaign Reform Act of 2002. At the state level, an organization becomes a PAC according to the state's election laws.
The Bipartisan Campaign Reform Act of 2002 is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were senators Russ Feingold (D-WI) and John McCain (R-AZ). The law became effective on 6 November 2002, and the new legal limits became effective on January 1, 2003.
Buckley v. Valeo, 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that limits on election spending in the Federal Election Campaign Act of 1971 § 608 are unconstitutional. In a per curiam opinion, they ruled that expenditure limits contravene the First Amendment provision on freedom of speech because a restriction on spending for political communication necessarily reduces the quantity of expression. It limited disclosure provisions and limited the Federal Election Commission's power. Justice Byron White dissented in part and wrote that Congress had legitimately recognized unlimited election spending "as a mortal danger against which effective preventive and curative steps must be taken".
A 527 organization or 527 group is a type of U.S. tax-exempt organization organized under Section 527 of the U.S. Internal Revenue Code. A 527 group is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.
The Federal Election Campaign Act of 1971 is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on increased disclosure of contributions for federal political campaigns. The Act was signed into law by President Richard Nixon on February 7, 1972.
McConnell v. Federal Election Commission, 540 U.S. 93 (2003), is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act (BCRA), often referred to as the McCain–Feingold Act.
In political campaigns, an attack ad is an advertisement whose message is designed to wage a personal attack against an opposing candidate or political party in order to gain support for the attacking candidate and attract voters. Attack ads often form part of negative campaigning or smear campaigns, and in large or well-financed campaigns, may be disseminated via mass media.
An independent expenditure, in elections in the United States, is a political campaign communication that expressly advocates for the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with; or at the request or suggestion of a candidate, candidate's authorized committee or political party. If a candidate, his/her agent, his/her authorized committee, his/her party, or an "agent" for one of these groups becomes "materially involved", the expenditure is not independent.
The "Stand By Your Ad" provision (SBYA) of the Bipartisan Campaign Reform Act, enacted in 2002, requires candidates in the United States for federal political office, as well as interest groups and political parties supporting or opposing a candidate, to include in political advertisements on television and radio "a statement by the candidate that identifies the candidate and states that the candidate has approved the communication". The provision was intended to force political candidates running any campaign for office in the United States to associate themselves with their television and radio advertising, thereby discouraging them from making controversial claims or attack ads.
Australian Capital Television v Commonwealth, is a decision of the High Court of Australia.
Campaign finance in the United States is the financing of electoral campaigns at the federal, state, and local levels. At the federal level, campaign finance law is enacted by Congress and enforced by the Federal Election Commission (FEC), an independent federal agency. Although most campaign spending is privately financed, public financing is available for qualifying candidates for President of the United States during both the primaries and the general election. Eligibility requirements must be fulfilled to qualify for a government subsidy, and those that do accept government funding are usually subject to spending limits on money.
In politics, campaign advertising is the use of an advertising campaign through the media to influence a political debate, and ultimately, voters. These ads are designed by political consultants and political campaign staff. Many countries restrict the use of broadcast media to broadcast political messaging. In the European Union, many countries do not permit paid-for TV or radio advertising for fear that wealthy groups will gain control of airtime, making fair play impossible and distorting the political debate in the process.
In Buckley v. Valeo, decided in January 1976, the United States Supreme Court limited the reach of campaign finance laws to candidate and party committees, and other committees with a major purpose of electing candidates, or to speech that "expressly advocated" election or defeat of candidates. In footnote 52 of that opinion, the Court listed eight words or phrases as illustrative of speech that qualified as "express advocacy".
Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007), is a United States Supreme Court case in which the Court held that issue ads may not be banned from the months preceding a primary or general election.
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States concerning campaign finance. It was argued in 2009 and decided in 2010. The Court held that the free speech clause of the First Amendment prohibits the government from restricting independent expenditures for political communications by corporations, including nonprofit corporations, labor unions, and other associations.
Hillary: The Movie is a 2008 political documentary about United States Senator and presidential candidate Hillary Clinton. It was produced by the conservative non-profit organization Citizens United. The film was scheduled to be offered as video-on-demand on cable TV right before the Democratic primaries in January 2008, but would have been classified as "electioneering communication", which was made illegal under the Bipartisan Campaign Reform Act, by the Federal Election Commission. The producers went to U.S. District Court for the District of Columbia to get a declaration that they could show their movie and promotional ads for it despite BCRA. This case was titled Citizens United v. Federal Election Commission and its final decision at the U.S. Supreme Court resulted in a major change in campaign finance law.
McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a case in which the Supreme Court of the United States held that an Ohio statute prohibiting anonymous campaign literature is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech. In a 7–2 decision authored by Justice John Paul Stevens, the Court found that the First Amendment protects the decision of an author to remain anonymous.
In the politics of the United States, dark money refers to political spending by nonprofit organizations — for example, 501(c)(4) 501(c)(5) (unions) and 501(c)(6) groups — that are not required to disclose their donors. Such organizations can receive unlimited donations from corporations, individuals and unions. In this way, their donors can spend funds to influence elections, without voters knowing where the money came from. Dark money first entered politics with Buckley v. Valeo (1976) when the United States Supreme Court laid out Eight Magic Words that define the difference between electioneering and issue advocacy.
United States campaign finance law has been regulated by the Federal Election Commission since its creation in the wake of the Watergate Scandal in 1975. In years following Citizens United v. FEC there has been a rise in outside special interest groups spending money on political campaigns in the United States.
