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.
In the United States, a political action committee (PAC) is a tax-exempt 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 was created in pursuit of campaign finance reform 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.
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, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditures 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".
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 creating limits for campaign spending on communication media, adding additional penalties to the criminal code for election law violations, and imposing disclosure requirements for federal political campaigns. The Act was signed into law by President Richard Nixon on February 7, 1972.
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 Evergreen Freedom Foundation, operating as the Freedom Foundation, is a free market conservative think tank founded in the state of Washington. Freedom Foundation has offices in Washington, Oregon, California, Pennsylvania, and Ohio. In 2021, they announced their national expansion into all 50 states. The organization is registered with the United States Internal Revenue Service (IRS) as a 501(c)(3) charitable organization.
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 Federal Corrupt Practices Act, also known as the Publicity Act, was a federal law of the United States that was enacted in 1910 and amended in 1911 and 1925. It remained the nation's primary law regulating campaign finance in federal elections until the passage of the Federal Election Campaign Act in 1971. The Act was signed by President William Howard Taft on June 25, 1910.
Initiative to the People 276 was a law approved by the people of Washington in a vote (plebiscite) held in 1972. The law required the state government to establish the Washington State Public Disclosure Commission in order to provide information to the public about campaign fundraising and expenditures The initiative was passed by the people at the same time as the November 1972 general election, by a margin of 72.02% to 27.98%.
Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing ; and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.
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 San Francisco Ethics Commission is a public agency tasked with maintaining city bylaws [clarification needed, there is no "city" bylaws, each Board or Commission or policy body has its own bylaws] in San Francisco, California. The commission specifically files and audits campaign finance disclosure statements, handles campaign consultant registration and regulation. They also handle lobbyist registration and regulation along with the filing of officer for statements of economic interest and the administration of the Whistleblower program. Lastly, they mitigate investigations of ethics complaints, enforce education and training and provide advice and statistical reporting.
Washington Initiative 502 (I-502) "on marijuana reform" was an initiative to the Washington State Legislature, which appeared on the November 2012 general ballot, passing by a margin of approximately 56 to 44 percent. Originally submitted to the Washington Secretary of State during the summer of 2011, enough signatures were collected and submitted by December to meet the required 241,153 signatures, sending it to the legislature. When the legislature adjourned without action in April, Initiative 502 automatically advanced to the November 2012 general ballot. It was approved by popular vote on November 6, and took effect over the course of a year, beginning with certification no later than December 6, 2012. Along with a similar Colorado measure, Initiative 502 was credited for encouraging voter turnout of 81%, the highest in the nation.
Referendum 74 was a Washington state referendum to approve or reject the February 2012 bill that would legalize same-sex marriage in the state. On June 12, 2012, state officials announced that enough signatures in favor of the referendum had been submitted and scheduled the referendum to appear on the ballot in the November 6 general election. The law was upheld by voters in the November 6, 2012 election by a final margin of 7.4% and the result was certified on December 5.
Washington Initiative 1240 "concerns creation of a public charter school system" was an initiative that appeared on the Washington state general ballot in November 2012. Originally filed with the Washington Secretary of State on May 31, proponents and paid signature gatherers collected enough signatures to be certified for the ballot on July 25, making it one of the fastest initiatives ever to do so, at an estimated cost of more than $6 per signature. Proposed charter schools would receive public funding but not be governed by local school districts. An August 2012 financial impact study by the state Office of Financial Management estimated "an indeterminate, but non-zero, fiscal impact to local public school districts" and "known state agency implementation costs" of at least $3 million in the first five years. The initiative was approved by voters in November 2012.
Washington Initiative 1185 was a 2012 initiative in Washington state. It passed with 63.91% of the vote, but portions were declared unconstitutional in February 2013.
The New York CityCampaign Finance Board (CFB) is an independent New York City agency that serves to provide campaign finance information to the public, enable more citizens to run for office by granting public matching funds, increase voter participation and awareness, strengthen the role of small contributors, and reduce the potential for actual or perceived corruption.
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.
FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the Federal Election Campaign Act of 1971 (FECA), which regulates the fundraising and spending in political campaigns. The FECA is the primary law that places regulations on campaign financing by limiting the amount that may be contributed. The Act established that no independent political action committee may contribute more than $1,000 to any given presidential candidate in support of a campaign.
Alaska Measure 2 was a ballot initiative approved by voters in Alaska as part of the 2020 United States elections. The proposal switched Alaska's primary system to a non-partisan blanket primary. The top four candidates progress to the general election, which is conducted with ranked-choice voting. Voting for U.S. president will continue to utilize primaries based on political party, but ranked-choice voting will still be used in the general election. The initiative also requires additional disclosures of campaign financing.
