How to Buy a President: Money in Politics & Campaign Finance Reform (2000)

• published: 01 Nov 2015
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In 1986, several bills were killed in the U.S. Senate by bipartisan maneuvers which did not allow the bills to come up for a vote. The bill would impose strict controls for campaign fund raising. Later in 1988, legislative and legal setbacks on proposals designed to limit overall campaign spending by candidates were shelved after a Republican filibuster. In addition, a constitutional amendment to override a Supreme Court decision failed to get off the ground. In 1994, Senate Democrats had more bills blocked by Republicans including a bill setting spending limits and authorizing partial public financing of congressional elections. In 1996, bipartisan legislation for voluntary spending limits which rewards those who bare soft money was killed by a Republican filibuster.[3] In 1997, Senators McCain (R-AZ) and Feingold (D-WI) sought to eliminate soft money and TV advertising expenditures, but the legislation was defeated by a Republican filibuster. Several different proposals were made in 1999 by both parties. The Campaign Integrity Act (H.R. 1867), proposed by Asa Hutchinson (R-AR), would have banned soft money and raised limits on hard money. The Citizen Legislature & Political Act sponsored by Rep. John Doolittle (R-CA) would have repealed all federal freedom act contribution limits and expedited and expanded disclosure (H.R. 1922 in 1999, the 106th Congress,[4] and reintroduced with different numbers through 2007, the 110th Congress). The Shays-Meehan Campaign Reform Act (H.R. 417) evolved into the McCain–Feingold Bipartisan Campaign Reform Act of 2002. The Congress passed the Bipartisan Campaign Reform Act (BCRA), also called the McCain-Feingold bill after its chief sponsors, John McCain and Russ Feingold. The bill was passed by the House of Representatives on February 14, 2002, with 240 yeas and 189 nays, including 6 members who did not vote. Final passage in the Senate came after supporters mustered the bare minimum of 60 votes needed to shut off debate. The bill passed the Senate, 60-40 on March 20, 2002, and was signed into law by President Bush on March 27, 2002. In signing the law, Bush expressed concerns about the constitutionality of parts of the legislation but concluded, "I believe that this legislation, although far from perfect, will improve the current financing system for Federal campaigns." The bill was the first significant overhaul of federal campaign finance laws since the post-Watergate scandal era. Academic research has used game theory to explain Congress's incentives to pass the Act.[5] The BCRA was a mixed bag for those who wanted to remove big money from politics. It eliminated all soft money donations to the national party committees, but it also doubled the contribution limit of hard money, from $1,000 to $2,000 per election cycle, with a built-in increase for inflation. In addition, the bill aimed to curtail ads by non-party organizations by banning the use of corporate or union money to pay for "electioneering communications," a term defined as broadcast advertising that identifies a federal candidate within 30 days of a primary or nominating convention, or 60 days of a general election. This provision of McCain-Feingold, sponsored by Maine Republican Olympia Snowe and Vermont Independent James Jeffords, as introduced applied only to for-profit corporations, but was extended to incorporate non-profit issue organizations, such as the Environmental Defense Fund or the National Rifle Association, as part of the "Wellstone Amendment," sponsored by Senator Paul Wellstone. The law was challenged as unconstitutional by groups and individuals including the California State Democratic Party, the National Rifle Association, and Republican Senator Mitch McConnell (Kentucky), the Senate Majority Whip. After moving through lower courts, in September 2003, the U.S. Supreme Court heard oral arguments in the case, McConnell v. FEC. On Wednesday, December 10, 2003, the Supreme Court issued a 5-4 ruling that upheld its key provisions. Since then, campaign finance limitations continue to be challenged in the Courts. In 2005 in Washington state, Thurston County Judge Christopher Wickham ruled that media articles and segments were considered in-kind contributions under state law. The heart of the matter focused on the I-912 campaign to repeal a fuel tax, and specifically two broadcasters for Seattle conservative talker KVI. Judge Wickham's ruling was eventually overturned on appeal in April 2007, with the Washington Supreme Court holding that on-air commentary was not covered by the State's campaign finance laws (No New Gas Tax v. San Juan County). https://en.wikipedia.org/wiki/Campaign_finance_reform_in_the_United_States