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Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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.
Date: May 15, 1998
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party sof… more
Date: February 4, 2000
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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The Use of Labor Union Dues for Political Purposes: A Legal Analysis

Description: By virtue of Section 224 of the USA PATRIOT Act, P.L. 107-56 (2001), several of the act’s amendments to the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801-1862, and the Electronic Communications Privacy Act, 18 U.S.C. 2510-2522, 2701-2712, 3121-3127, were scheduled to expire on December 31, 2005, 115 Stat. 295 (2001). S. 2167 postpones the expiration dates of those provisions and of Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (“lone wolf” amendment), 118 … more
Date: August 2, 2000
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: "Soft money" has become one of the major issues in the area of campaign financing in federal elections. The controversy surrounding this issue is due to the perception that soft money may be the largest loophole in the Federal Election Campaign Act (FECA). Soft money is broadly defined as funds that are raised and spent according to applicable state laws; that would be impermissible, under the FECA, to spend directly in federal elections and that may have an indirect influence on federal electi… more
Date: August 10, 2000
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Regulation Under the First Amendment:

Description: This Report first discusses the critical holdings enunciated by the Supreme Court in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fourteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (Califo… more
Date: September 8, 2000
Creator: Whitaker, L. Paige & Jennings, Christopher Alan
Partner: UNT Libraries Government Documents Department
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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: As in the 105th Congress, many of the 106th Congress bills focus on political party soft money--subjecting contributions, expenditures, or transfers of national political parties to the limitations, prohibitions and reporting requirements of the FECA. Other bills would restrict corporate and labor union soft money. Another major reform proposal would subject certain types of advocacy communications to FECA regulation, either fully or just insofar as disclosure requirements.
Date: December 11, 2000
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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The Electoral College: An Overview and Analysis of Reform Proposals

Description: 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.
Date: January 16, 2001
Creator: Whitaker, L. Paige & Neale, Thomas H.
Partner: UNT Libraries Government Documents Department
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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: This report is categorized into seven categories: (I) Most recent developments, (II) Background and Analysis, (III) Definitions of Hard and Soft Money in Federal Elections, (IV) Political Party Soft Money, (V) Corporate and Labor Union Soft Money, (VI) Soft Money Spent on Issue Advocacy and (VII) Selected 107th Congress Legislation.
Date: March 2, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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. … more
Date: March 12, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Description: 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 e… more
Date: March 20, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Reform and Incentives to Voluntarily Limit Candidate Spending From Personal Funds: Constitutional Issues Raised by Public Subsidies and Variable Contribution Limits

Description: 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… more
Date: March 22, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Bills in the 107th Congress: Comparison of S. 27 (McCain-Feingold), H.R. 2356 (Shays-Meehan), H.R. 2360 (Ney-Wynn), and Current Law

Description: This report summarizes and compares three major campaign finance reform bills before the 107th Congress and current law (in most cases, the Federal Election Campaign Act, or FECA, 2 U.S.C. § 431 et seq.).
Date: July 5, 2001
Creator: Cantor, Joseph E. & Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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. … more
Date: July 10, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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. Ac… more
Date: July 10, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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. Ac… more
Date: July 10, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party sof… more
Date: September 28, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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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

Description: 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 bi… more
Date: January 18, 2002
Creator: Cantor, Joseph E. & Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party sof… more
Date: January 25, 2002
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because such funds are generally unregulated and perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). More specifically, soft money is considered to be funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of sof… more
Date: March 14, 2002
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy

Description: 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. Ac… more
Date: March 15, 2002
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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