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Electronic Voting Systems (DREs): Legislation in the 108th Congress
Several bills have been introduced in the 108th Congress to address issues that have been raised about the security of direct recording electronic (DRE) voting machines. Touchscreen and other DREs using computer-style displays are arguably the most versatile and voter-friendly of any current voting system. The popularity of DREs, particularly the touchscreen variety, has grown in recent years. In addition, the Help America Vote Act of 2002 (HAVA, P.L. 107 — 252), while not requiring or prohibiting the use of any specific kind of voting system, does promote the use of DREs through some of its provisions.
Campaign Finance
Concerns over financing federal elections have become a seemingly perennial aspect of our political system, long centered on the enduring issues of high campaign costs and reliance on interest groups for needed campaign funds. This report discusses campaign finance practices, enduring issues and today’s paramount issues. In addition it presents the Legislative Action in the 108th and 109th Congress, as well as the Congressional efforts to close perceived loopholes in Federal Election Law.
Kenya: Current Conditions and the Challenges Ahead
This report discusses the current political conditions of Kenya, which has long been an important ally of the United States. The report focuses particularly on the December 2007 elections, which many international observers have declared as rigged and deeply flawed. The report also discusses violence that erupted once election results were announced, as well as U.S. efforts to urge Kenya toward election reforms.
Kenya: Current Conditions and the Challenges Ahead
This report discusses the current political conditions of Kenya, which has long been an important ally of the United States. The report focuses particularly on the December 2007 elections, which many international observers have declared as rigged and deeply flawed. The report also discusses violence that erupted once election results were announced, as well as U.S. efforts to urge Kenya toward election reforms.
Kenya: Current Conditions and the Challenges Ahead
This report discusses the current political conditions of Kenya, which has long been an important ally of the United States. The report focuses particularly on the December 2007 elections, which many international observers have declared as rigged and deeply flawed. The report also discusses violence that erupted once election results were announced, as well as U.S. efforts to urge Kenya toward election reforms.
Ukraine’s Orange Revolution and U.S. Policy
In January 2005, Viktor Yushchenko became Ukraine’s new President, after massive demonstrations helped to overturn the former regime’s electoral fraud, in what has been dubbed the “Orange Revolution,” after Yushchenko’s campaign color. The “Orange Revolution” has sparked a great deal of interest in Congress and elsewhere. This report examines the current political climate in Ukraine and policy issues for the U.S.
The Electoral College: Reform Proposals in the 109th Congress
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Elections Reform: Overview and Issues
This report discusses several issues as the Congress considers legislation to reform the voting process, a number of issues have emerged as part of the debate: the reliability of different types of voting technologies; voting problems and irregularities in the 2000 election; problems for militaryand overseas voters; the electoral college; and early media projections of election results.
Electoral College Reform: 110th Congress Proposals, The National Popular Vote Campaign, and Other Alternative Developments
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Elections in States Affected by Hurricanes Katrina and Rita
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The Electoral College: How It Works in Contemporary Presidential Elections
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The Electoral College: Reform Proposals in the 107th Congress
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The Electoral College: Reform Proposals in the 109th Congress
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Elections in States Affected by Hurricanes Katrina and Rita
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European Union Candidate Countries: 2003 Referenda Results
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Campaign Finance Debate in the 106th Congress: Comparison of Measures Under House Consideration
On September 14, the House passed H.R. 417 on a vote of 252-177, as amended by three perfecting amendments: Bereuter/Wicker #6; Faleomavaega #1; and Sweeney #21. This report features two tables. Table 1 summarizes and compares the ten perfecting amendments, current law, and the Shays-Meehan proposal. Table 2 summarizes and compares current law, the Shays-Meehan bill, and the three substitute amendments.
Campaign Finance Bills in the 106th Congress: Comparison of Shays-Meehan, as passed, with McCain-Feingold, as considered
On September 14, 1999, the House passed the Shays-Meehan bill--H.R. 417, the Bipartisan Campaign Finance Reform Act of 1999, as amended, by a vote of 252-177. Senate sponsors of the companion measure, S. 26 (McCain-Feingold), revised their proposal and, on September 16, introduced S. 1593, containing just four sections of H.R. 417 and S. 26. The Senate debated S. 1593 from October 13-20, culminating in unsuccessful cloture votes October 19 on two amendments: Daschle amendment 2298, substituting text nearly identical to the House-passed H.R. 417; and Reid amendment 2229 (a perfecting amendment to no. 2298), substituting text of S. 1593 as offered, plus McCain amendment 2294 (adopted October 14), which added certain disclosure requirements. This report compares provisions of the House-passed bill with the one considered by the Senate in October 1999. No further updates are planned.
Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular in recent federal election cycles. These advertisements are often interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has determined that issue ads are constitutionally protected First Amendment speech that cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election or defeat, also known as "express advocacy" or "magic words" can be regulated and therefore be subject to the requirements of the Federal Election Campaign Act (FECA). Unlike express advocacy communications, therefore, issue ads may be paid for with funds unregulated by federal law, i.e., soft money.
The Electoral College: An Overview and Analysis of Reform Proposals
Following the closely contested presidential election of 2000, it is anticipated that Congress may revisit the issue of Electoral College reform. Although some reforms could be effected through federal or state statutes, most would require overcoming the considerable hurdles encountered by proposed constitutional amendments: two-thirds approval by both houses of Congress, followed by ratification by three-fourths (38) of the states, usually within a period of seven years.
The Electoral College: Reform Proposals in the 107th Congress
Seven proposals to reform the Electoral College system have been introduced to date in the 107th Congress. H.J.Res. 3 (Representative Green of Texas), and H.J.Res. 5 (Representative Delahunt) would eliminate the electoral college, substituting direct popular election of the President. H.J.Res. 1 (Representative Clyburn), H.J.Res. 18 (Representative Engel), and H.J.Res. 37 (Representative Clement) would incorporate the “district” method of awarding electoral votes, and H.J.Res. 17 (Representative Engel) would provide for proportional award of electoral votes. H.J.Res. 25 (Representative Leach) is a hybrid plan. These measures have been referred to the House Judiciary Committee and await further action.
Campaign Finance Bills in the 107th Congress: Comparison of S. 22 (Hagel-Landrieu) with S. 27 (McCain-Feingold)
On March 19, 2001, the Senate began consideration of the McCain-Feingold campaign finance reform bill. The bill–S. 27 (Bipartisan Campaign Reform Act of 2001)–was introduced on January 22, 2001 by Senators McCain, Feingold, Cochran et al. It features a ban on the raising of soft money by national parties, a ban on the spending of soft money by state and local parties on federal election-related activities (as defined), and a disclosure requirement for electioneering messages not regulated by federal election law, along with a ban on their funding from union or for-profit corporation treasuries. Another bill receiving considerable Senate attention is S. 22 (Open and Accountable Campaign Financing Act of 2001), introduced on January 22, 2001 by Senators Hagel, Landrieu et al. It features limits on soft money donations to national parties, increases in hard money contribution limits, and a requirement that broadcasters make information available on groups engaging in issue advocacy. This report provides a summary and comparison of these two measures, according to various categories.
Campaign Finance Bills in the 107th Congress: Comparison of H.R. 380 (Shays-Meehan) with S. 27 (McCain-Feingold)
As in the last two Congresses, campaign finance reform will be a major issue in the 107th Congress, with attention again centered on the Senate McCain-Feingold and House Shays-Meehan bills. S. 27 (Bipartisan Campaign Reform Act of 2001), introduced on January 22, 2001, will be considered by the Senate in March 2001; H.R. 380 (Bipartisan Campaign Finance Reform Act of 2001) was introduced January 31. Both bills ban the raising of soft money by national parties and the spending of it by state and local parties on federal election-related activities (as defined). But on the other key provision–issue advocacy–they differ notably. H.R. 380 offers a broad new definition of express advocacy, subjecting activity meeting that standard to all aspects of federal election law regulation. S. 27 classifies some messages as electioneering communications, requiring their disclosure and banning their funding by unions or for-profit corporations. This report summarizes and compares these two measures, according to various categories.
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements
Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements of expenditures over $10,000 for “electioneering communications,” which are defined to include broadcast ads that “refer” to federal office candidates, with identification of donors of $500 or more. S. 22 (Hagel/Landrieu) would increase and expedite current disclosure requirements under FECA. H.R. 380 (Shays/Meehan) would lower the current FECA threshold for contribution reporting from $200 to $50 and impose reporting requirements for soft money disbursements by persons other than political parties. This report will discuss some of the constitutional issues relating to these and other such disclosure requirements.
Campaign Finance Reform and Incentives to Voluntarily Limit Candidate Spending From Personal Funds: Constitutional Issues Raised by Public Subsidies and Variable Contribution Limits
The Supreme Court in Buckley v. Valeo ruled that spending limits, including the amount a candidate can spend on his or her own campaign from personal funds (also known as personal fund expenditure limits) are unconstitutional. The Court did, however, uphold a system of spending limits, on the condition that they are voluntarily accepted in exchange for some form of public financing. As a result of these Court rulings, the concept of various incentives toward voluntary compliance with a personal funds expenditure limit has been developed. This report discusses some constitutional issues raised by two such incentives: public subsidies and variable contribution limits.
Soft and Hard Money in Contemporary Elections: What Federal Law Does and Does Not Regulate
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Campaign Finance Bills in the 107th Congress: Comparison of S. 27 (McCain-Feingold), H.R. 2356 (Shays-Meehan), H.R. 2630 (Ney-Wyn), and Current Law
S. 27 (McCain-Feingold), the Bipartisan Campaign Reform Act of 2001, was introduced January 22, 2001 in a form similar to prior versions of the last two Congresses. On April 2, after a two-week debate and adoption of 22 amendments, the Senate passed S. 27 by a vote of 59-41. That measure’s companion Shays-Meehan bill, the Bipartisan Campaign Finance Reform Act of 2001, was initially introduced as H.R. 380 in a form similar to House-passed versions of the prior two Congresses; on June 28, the bill was modified and offered as H.R. 2356. H.R. 2360 (Ney-Wynn), the Campaign Finance Reform and Grassroots Citizen Participation Act of 2001, was introduced and ordered reported favorably by the House Administration Committee on June 28. (Shays-Meehan was ordered reported unfavorably at the same time.) The two primary features of the bills are restrictions on party soft money and issue advocacy.
Soft and Hard Money in Contemporary Elections: What Federal Law Does and Does Not Regulate
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Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular over the federal election cycles. Often these advertisements could be interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has ruled that issue ads are constitutionally protected First Amendment speech and cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election or defeat, also known as “express advocacy” or “magic words” can be regulated as election-related communications and therefore be subject to the requirements of the Federal Election Campaign Act (FECA). Unlike express advocacy communications, therefore, issue ads may be paid for with funds unregulated by federal law, i.e., soft money
The Electoral College: An Overview and Analysis of Reform Proposals
Following the closely contested presidential election of 2000, it is anticipated that Congress may revisit the issue of Electoral College reform. Although some reforms could be effected through federal or state statutes, most would require overcoming the considerable hurdles encountered by proposed constitutional amendments: two-thirds approval by both houses of Congress, followed by ratification by three-fourths (38) of the states, usually within a period of seven years.
Bipartisan Campaign Reform Act of 2002: Summary and Comparison with Previous Law
The Bipartisan Campaign Reform Act of 2002 was enacted on March 27, 2002 as P.L. 107-155. It passed the House on February 14, 2002, as H.R. 2356 (Shays- Meehan), by a 240-189 vote. Its companion measure, on which it was largely based, had initially been passed by the Senate in 2001 as S. 27 (McCain-Feingold). On March 20, 2002, however, the Senate approved the House-passed H.R. 2356 by a 60- 40 vote, thus avoiding a conference to reconcile differences between S. 27 and H.R. 2356. The two primary features of P.L. 107-155 are restrictions on party soft money and issue advocacy.
Campaign Finance Legislation in the 108th Congress
As of October 11, 2004, 29 bills have been introduced in the 108th Congress to change the nation’s campaign finance laws (primarily under Titles 2 and 26 of the U.S. Code). These bills — 20 in the House and nine in the Senate — seek to make improvements in the current system, including to tighten perceived loopholes. In the wake of enactment of the Bipartisan Campaign Reform Act of 2002 (P.L. 107- 155), there has been decidedly less legislative activity in this area than in recent Congresses, which typically saw well over 100 campaign finance-related bills introduced.
Bipartisan Campaign Reform Act of 2002: Summary and Comparison with Previous Law
The Bipartisan Campaign Reform Act of 2002 was enacted on March 27, 2002 as P.L. 107-155. It passed the House on February 14, 2002, as H.R. 2356 (Shays- Meehan), by a 240-189 vote. Its companion measure, on which it was largely based, had initially been passed by the Senate in 2001 as S. 27 (McCain-Feingold). On March 20, 2002, however, the Senate approved the House-passed H.R. 2356 by a 60- 40 vote, thus avoiding a conference to reconcile differences between S. 27 and H.R. 2356. The two primary features of P.L. 107-155 are restrictions on party soft money and issue advocacy.
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects.
Egypt: 2005 Presidential and Parliamentary Elections
In 2005, Egypt conducted two sets of elections that illustrate both the opportunities and challenges for U.S. democracy promotion policy in the Middle East. On September 7, 2005, Egypt conducted its first multi-candidate presidential election, resulting in the reelection of President Hosni Mubarak with 88% of the vote. Although some have credited Egypt for holding a competitive election, many have criticized the outcome and alleged fraud. Parliamentary elections in Egypt resulted in the ruling NDP party securing an overwhelming majority of seats but also saw independent candidates affiliated with the outlawed Muslim Brotherhood winning nearly 20% of seats, a dramatic gain from previous elections.
The Electoral College: Reform Proposals in the 107th Congress
Seven proposals to reform the Electoral College system have been introduced to date in the 107th Congress. H.J.Res. 3 (Representative Green of Texas), and H.J.Res. 5 (Representative Delahunt) would eliminate the electoral college, substituting direct popular election of the President. H.J.Res. 1 (Representative Clyburn), H.J.Res. 18 (Representative Engel), and H.J.Res. 37 (Representative Clement) would incorporate the “district” method of awarding electoral votes, and H.J.Res. 17 (Representative Engel) would provide for proportional award of electoral votes. H.J.Res. 25 (Representative Leach) is a hybrid plan. These measures have been referred to the House Judiciary Committee and await further action.
The Electoral College: Reform Proposals in the 107th Congress
Seven proposals to reform the Electoral College system have been introduced to date in the 107th Congress. H.J.Res. 3 (Representative Green of Texas), and H.J.Res. 5 (Representative Delahunt) would eliminate the electoral college, substituting direct popular election of the President. H.J.Res. 1 (Representative Clyburn), H.J.Res. 18 (Representative Engel), and H.J.Res. 37 (Representative Clement) would incorporate the “district” method of awarding electoral votes, and H.J.Res. 17 (Representative Engel) would provide for proportional award of electoral votes. H.J.Res. 25 (Representative Leach) is a hybrid plan. These measures have been referred to the House Judiciary Committee and await further action.
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects.
Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular in recent federal election cycles. These advertisements are often interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has determined that issue ads are constitutionally protected First Amendment speech that cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election or defeat, also known as "express advocacy" or "magic words" can be regulated as election-related communications and therefore be subject to the requirements of the Federal Election Campaign Act (FECA). Upcoming legislation would further investigate and elaborate upon this issue.
Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy
Issue advocacy communications have become increasingly popular over the federal election cycles. Often these advertisements could be interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has ruled that issue ads are constitutionally protected First Amendment speech and cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election or defeat, also known as “express advocacy” or “magic words” can be regulated as election-related communications and therefore be subject to the requirements of the Federal Election Campaign Act (FECA). Unlike express advocacy communications, therefore, issue ads may be paid for with funds unregulated by federal law, i.e., soft money
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects.
Egypt: 2005 Presidential and Parliamentary Elections
This report provides an overview of the presidential election and its implications for U.S. policy toward Egypt and U.S. efforts to promote democracy in the region.
Fatah and Hamas: the New Palestinian Factional Reality
For the first time in its history, the Palestinian parliament is set to be led by Hamas, which the United States and European Union have designated a foreign terrorist organization. Although some lauded the generally free and fair election in January 2006, others criticized the outcome and accused Hamas of “hijacking” democracy. This report provides an overview of the new political realities in the West Bank and Gaza after the election, the challenges Fatah and Hamas face, and possible implications for U.S. policy.
Georgia’s January 2008 Presidential Election: Outcome and Implications
This report discusses the campaign and results of Georgia's January 5, 2008, presidential election and implications for Russia and U.S interests.
Federal Voting Systems Standards and Guidelines: Congressional Deliberations
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Federal Voluntary Voting System Guidelines: FAQs
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Middle East Elections 2009: Lebanon, Iran, Afghanistan, and Iraq
This report provides an overview of the election contests in Lebanon, Iran, Afghanistan, and Iraq, including possible outcomes and implications for U.S. policy. The strategic influence of Iran in the Middle East, the stability of Iraq, and the ongoing war in Afghanistan are at the forefront of U.S. policy and Congressional interest in the region.
Campaign Financing: Highlights and Chronology of Current Federal Law
This report summarizes major provisions of federal law and offers a chronology of key legislative and judicial actions which govern financial activity of federal election campaigns. The laws are based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, 1979, and 2002, and the Revenue Act of 1971.
Campaign Financing: Highlights and Chronology of Current Federal Law
This report summarizes major provisions of federal law and offers a chronology of key legislative and judicial actions which govern financial activity of federal election campaigns. The laws are based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, 1979, and 2002, and the Revenue Act of 1971.
Japan's Historic 2009 Elections: Implications for U.S. Interests
This report analyzes the Democratic Party of Japan's (DPJ) policy platform and reviews the implications for U.S. strategic and economic interests now that the party and its coalition allies are set to take control of the Japanese government in the wake of the August 30 parliamentary elections.
The Democratic Party of Japan: Its Foreign Policy Position and Implications for U.S. Interests
This report analyzes the Democratic Party of Japan's (DPJ) policy platform and reviews the implications for U.S. strategic and economic interests in the event that the party takes control of the Japanese government after the August 30 parliamentary elections.
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