Political law (or political activity law [1] ) is an established legal practice area encompassing the intersection of politics and law. Political law comprises election law, voting rights law, campaign finance law, laws governing lobbying and lobbyists, open government laws, legislative and executive branch ethics codes, legislative procedure, administrative procedure, constitutional law, and legislative and regulatory drafting. [2] [3] Political laws are applied primarily to government officials, candidates, advocacy groups, lobbyists, businesses, nonprofit organizations, and trade unions.
At the federal level, the Federal Election Commission enforces campaign finance law with respect to races for the United States House of Representatives, United States Senate, and the office of President of the United States. [4] Campaigns for federal office are subject to contribution limits and certain contributions are prohibited. The Department of Justice's Public Integrity Section (PIN) has jurisdiction involving alleged criminal violations of many political laws.
At the state level, most states have administrative agencies to enforce state laws concerning campaign finance and ethics rules. [5] The attorney general of the State may also play a role in enforcement. Some local governments also maintain ethics agencies. At the state and local level, these agencies might provide for disclosure of campaign finance registration and reporting forms (or lobbyist registration and reporting), or they may give an enforcement scheme. Political Law—is that branch of public Law which deals with the organization and operations of the governmental organs of the State and defines the State's relations with its territory's inhabitants.
"Pay-to-play" restrictions are an example of political law. For instance, in the context of municipal securities dealers, rules promulgated by the Municipal Securities Rulemaking Board effectively prohibit certain individuals from contributing to the political funds of officials of issuers. [6]
Campaign finance laws in the United States have been a contentious political issue since the early days of the union. The most recent major federal law affecting campaign finance was the Bipartisan Campaign Reform Act (BCRA) of 2002, also known as "McCain-Feingold". Key provisions of the law 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; However, provisions of BCRA limiting corporate and union expenditures for issue advertising were overturned by the Supreme Court in Federal Election Commission v. Wisconsin Right to Life.
The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market manipulation.
In the United States government, independent agencies are agencies that exist outside the federal executive departments and the Executive Office of the President. In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.
The Municipal Securities Rulemaking Board (MSRB) is a United States self-regulatory financial organization that writes investor protection rules and other rules regulating broker-dealers and banks in the municipal securities market. This including tax-exempt and taxable municipal bonds, municipal notes, and other securities issued by states, cities, and counties or their agencies to help finance public projects or for other public policy purposes.
Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management bodies, election campaign, the division of the territory into electoral zones, the procedures for the registration of voters and candidacies, its financing and propaganda, voting, counting of votes, scrutiny, electoral disputes, electoral observation and all contentious matters derived from them. It is a discipline falling at the juncture of constitutional law and political science, and involves "the politics of law and the law of politics".
The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. It became law on August 2, 1939. The law was named for Senator Carl Hatch of New Mexico. It was most recently amended in 2012.
In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
United States federal administrative law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of the United States government, including executive departments and independent agencies. Because Congress, the president, and the federal courts have limited resources to address all issues, specialized powers are often delegated to a board, commission, office, or other agency. These administrative agencies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.
The financing of electoral campaigns in the United States happens at the federal, state, and local levels by contributions from individuals, corporations, political action committees, and sometimes the government. Campaign spending has risen steadily at least since 1990. For example, a candidate who won an election to the U.S. House of Representatives in 1990 spent on average $407,600, while the winner in 2022 spent on average $2.79 million; in the Senate, average spending for winning candidates went from $3.87 million to $26.53 million.
The Washington State Public Disclosure Commission (PDC) is an agency of the Washington state government that regulates candidates, campaigns and lobbyists. It enforces the state's disclosure and campaign finances laws, and provides public access to information about lobbying activities, the financial affairs of elected and appointed public officials, and campaign contributions and expenditures.
Lobbying in the United States is paid activity in which special interest groups hire well-connected professional advocates, often lawyers, to argue for specific legislation in decision-making bodies such as the United States Congress. It is often perceived negatively by journalists and the American public; critics consider it to be a form of bribery, influence peddling, and/or extortion. Lobbying is subject to complex rules which, if not followed, can lead to penalties including jail. Lobbying has been interpreted by court rulings as free speech protected by the First Amendment to the U.S. Constitution. Since the 1970s, the numbers of lobbyists and the size of lobbying budgets has grown and become the focus of criticism of American governance.
The Honest Leadership and Open Government Act of 2007 is a law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills. The bill was signed into law by President George W. Bush on September 14, 2007.
The secretary of state of Colorado is the secretary of state of the state of Colorado in the United States. The office is one of five elected constitutional offices in the state. The current secretary of state is Democrat Jena Griswold.
The secretary of state of New Mexico is a constitutional officer in the executive branch of government of the U.S. state of New Mexico. Twenty-six individuals have held the office of secretary of state since statehood. Since 1923, every elected New Mexican secretary of state has been a woman. The incumbent is Maggie Toulouse Oliver, a Democrat. Toulouse Oliver's election was forced early due to the resignation of former secretary of state Dianna Duran in October 2015, after criminal charges were filed by the Attorney General's Office alleging Duran converted campaign funds to personal gambling debt.
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.
The Wisconsin Government Accountability Board (G.A.B.) was a regulatory agency of the U.S. state of Wisconsin which administered and enforced Wisconsin law pertaining to campaign finance, elections, ethics, and lobbying. The board was composed of six retired Wisconsin judges who served staggered, six-year terms. The board was created in 2007 as an attempt to reform and modernize Wisconsin's elections and ethics management. The board was dissolved in 2016 by the Republican legislature and replaced by two new commissions with explicitly partisan appointees, over the objections of Democratic legislators.
The American Anti-Corruption Act (AACA), sometimes shortened to Anti-Corruption Act, is a piece of model legislation designed to limit the influence of money in American politics by overhauling lobbying, transparency, and campaign finance laws. It was crafted in 2011 "by former Federal Election Commission chairman Trevor Potter in consultation with dozens of strategists, democracy reform leaders and constitutional attorneys from across the political spectrum," and is supported by reform organizations such as Represent.Us, which advocate for the passage of local, state, and federal laws modeled after the AACA. It is designed to limit or outlaw practices perceived to be major contributors to political corruption.
The Freedom to Vote Act, introduced as H.R. 1, is a bill in the United States Congress intended to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.
The Joe Biden administration pledged to pass government ethics reform. The Biden administration also pledged to pass legislation and enforce policies to enforce electoral reform, in response to the influence of special interests and gerrymandering in elections.