State of Elections

William & Mary Law School | Election Law Society

Campaign Finance

Express Advocacy and the 24-Hour Media

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When does a television network endorsing a candidate go over the line? According to the Democratic Governors Association (DGA), Fox News stepped over that line in late August when John Kasich, Ohio Republican gubernatorial candidate, asked for contributions to his campaign. During his interview, the network showed the link to the candidate’s website below his name (see the video here).

A screenshot of the YouTube video of the interview

The DGA filed a complaint on September 2 with the Ohio Elections Commission, alleging that Fox made a contribution in the name of an unincorporated business (Ohio Rev. Code §§ 3517.10(I)(5)) and did not identify the source of the political communication (3517.20(A)(2) and (B)(1)).

In laymen’s terms, Democrats are angry that Kasich received free political advertising on a TV network. Their complaint raises an interesting point: What counts as free political advertising? According to the DGA’s complaint, the link Fox provided of Kasich’s website makes the 1 minute and 30 seconds Kasich was on The O’Reilly Factor a political ad. Giving it the title of a political ad attaches certain responsibilities, including a prohibition on “donating” free political advertising, and adding a “paid for by” disclaimer. [Read more…] about Express Advocacy and the 24-Hour Media

Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

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Campaign finance reformers have spent much of 2010 fighting in the courtroom. Across the nation, campaign finance laws are being challenged in the courts.

Some decisions, like Citizens United, came down from the Supreme Court and affect every election, from the national level on down. But there have also been several court decisions across the country that changed the complexion of local and state primaries and might shape the upcoming November elections. In states as diverse as Kentucky, Washington, and California, federal courts have ruled on spending limits for both individuals and corporations. Some courts have found these limits unconstitutional by following Citizens United; others have upheld the limits, citing interests noted by the Supreme Court in their decision. [Read more…] about Not So Fast on the Draw: “Trigger” Funds Provisions Come Under Fire

Weekly Wrap Up

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–  On June 8th, California voters will weigh in on two election reform measures, Propositions 14 and 15. Proposition 14 would create a single ballot for primary elections. The two candidates who received the most votes would face off in the general election, regardless of their party affiliation. Theoretically, this could result in a general election contest between two members of the same party. Prop 14 also allows candidates to choose to keep their party affiliation off the primary ballot.

Proposition 15, also known as the California Fair Elections Act, would repeal California’s ban on public funding for elections.  Candidates for Secretary of State would be eligible to up to 1,000,000 dollars in public funding for primary elections, and 1,300,000 in public funding for the general election.  Candidates who accepted the funds would be prohibited from raising or spending any money beyond what they receive from the public fund.

–  On May 29th, Florida governor Charlie Crist signed a far-reaching elections bill.  The bill will have a number of effects, including a requirement that any group engaging in political advertising disclose their source of funding. The bill will also make it easier for overseas and military voters to cast their ballots. Interestingly, HB 131 has been criticized by the ACLU for failing to provide adequate voting machines for disabled voters.

– The California State Senate has approved a bill to allow Election Day voter registration.

–  In Ohio, a redistricting reform bill has stalled in the legislature.


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Citizens United Against the Supreme Court

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The recent Citizens United ruling by the US Supreme Court, which holds that First Amendment protections apply not just to individual speakers but also to corporations, is only the latest in a decades-long series of decisions by the Court that have expanded the scope of the First Amendment into realms never imagined by our Founding Fathers.

Beginning with Buckley v. Valeo in 1976, the Justices have embraced the concept that money is equal to speech, and that therefore any limitation on campaign spending violates the First Amendment.  This week’s ruling simply expands this protection to cover corporations, which are by definition aggregators of money.  So now corporate money will completely overwhelm individual money in the arena of political speech, and Madison’s conception of our government as a forum for the broadest possible public deliberation of issues will be rendered legally moot.  [Read more…] about Citizens United Against the Supreme Court

Vermont and Citizens United – An Interview with Gubernatorial Candidate Matt Dunne

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Democratic candidate Matt Dunne

Matt Dunne is a former Vermont State House Representative and State Senator. He served as the Director of the AmeriCorps*VISTA under both the Clinton and Bush administrations. Dunne plans to run for Governor in Vermont this November. On February 15th, he spoke with State of Elections about how Vermont may be affected by the decision in Citizens United.

Vermont, like many other states, may soon see the effects of the Supreme Court decision in Citizens United v. FEC. Currently, the Vermont legislature is looking at a small number of options to deal with the anticipated changes in corporate election spending during in their fall midterm elections. One option Dunne supports is mandatory disclosure of any corporate expenditure related to supporting a candidate. Ideally, Dunne believes this reporting method should be published “instantaneously, real-time or daily.” The federal government also plans to institute strict reporting methods through recently proposed legislation. With the upcoming elections, Dunne believes Vermont faces a similar time crunch. He urges, “We need to codify standards now.” [Read more…] about Vermont and Citizens United – An Interview with Gubernatorial Candidate Matt Dunne