FIRST STAGE IN PRESIDENTIAL ELECTION PROCESS – CAUCUSES AND PRIMARIES Types of primaries: Closed Semi-closed Open Blanket (invalidated by Supreme Court) Nonpartisan blanket primaries (state and local level, not presidential) “INVISIBLE PRIMARY” before the “real” primaries happen

PROS and CONS of PRIMARY CENTERED PROCESS Gives power to the people But so few people votes in primaries and are not representative of the general population or even their own parties Other criticisms of the nomination process: starts early, lasts too long Some argue for ONE SINGLE NATIONAL PRIMARY

How are primary (and general) elections funded? PRIMARIES – matching funds (for individual contributions – to encourage small donations) - voluntary (Clinton, Sanders did not take them for example) GENERAL ELECTION - Full public financing in general election if agree not to raise private contributions and agree to a spending limit (voluntary – Increasingly, presidential candidates say NO THANKS)

Funding of elections Federal Election Campaign Act (1974): 1. Placed limits on contributions to pres & Cong’l campaigns – to candidates, PACs, parties 2. Required disclosure of contributions *Individual limit of $1000 – up to $2600 – per election *Interest group contributions to PACs limited to $5000 3. Limited “independent expenditures” – spending not coordinated with, or given directly to, a candidate (overturned by Supreme Court) 4. Loophole on contribution limits – “Soft Money” (later overturned by Bipartisan Campaign Reform Act 2002)

Created Federal Election Commission – 6 member bipartisan commission to administer and enforce CF laws

Bipartisan Campaign Reform Act 2002 Bans soft money Said issue ads (done through independent expenditures) can’t be broadcast right before an election (this part would be overturned by Supreme Court ruling Citizens United)

Supreme Court rulings on Campaign Finance 1. Buckley v. Valeo 1976 – *Ruled against mandatory spending limits *Upheld voluntary limits for Pres. Campaigns *Upheld contribution limits * Ruled against limits on independent expenditures WHY ARE SPENDING LIMITS UNCONSTITUTIONAL BUT CONTRIBUTION LIMITS NOT???

Citizens United Ruling 2010 First Amendment prohibits gov’t from restricting independent expenditures by corporations (including non profit ones) and unions AT ANY TIME, including just prior to an election. Can require disclosure but can’t limit free speech. First amendment issue…

Main “loopholes” today to get around contribution limits in campaigns * Independent expenditure groups (Supreme Court has generally supported these because aren’t made directly to a candidate so not “corrupting” in same way as a direct contribution) - 527 groups: independent groups not subject to contribution restrictions, so long as don’t explicitly endorse – Swift Boat Vets, Moveon.org –donations reported to FEC but amount = unlimited - 501s: independent groups that can also get unlimited donations, don’t even have to report donations to FEC so long as spend < 50 percent of their funds on political activities - Super PACS: can accept unlimited donations, can endorse ,so long as “just express their views” and don’t give their money to a candidate – in 2012 super PACs arose to support all pres. candidates

Electoral College Each state’s votes in the electoral college equal the number of its Reps in the U.S. House plus Senators in the U.S. Senate Versus National Vote

2012 election – why did Obama win (Hayward)? Microtargeting – zero in on likely voters for your side, and hit them with particular messages designed to get them out to vote Expansion of coalition to bring in low turnout voters, especially young and Hispanic voters, especially in battleground states