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Campaign Finance: Constitutional and Legal Issues of Soft Money
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.
Congressional Authority to Standardize National Election Procedures
Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Campaign Finance Regulation Under the First Amendment:
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 (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee v. FEC; FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
Campaign Finance: Constitutional and Legal Issues of Soft Money
"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 elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.
527 Organizations: How the Differences in Tax and Election Laws Permit Certain Organizations to Engage in Issue Advocacy without Public Disclosure and Proposals for Change
This report compares the tax and election laws relating to political organizations and political committees in an attempt to highlight the differences between them, and discusses some of the proposals in the 106th Congress to require additional reporting by organizations engaging in political activities. This report does not address the taxation of other tax-exempt organizations making political expenditures taxable under IRC § 527. The report will be updated as new proposals are reported.
Presidential Elections in the United States: A Primer
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Campaign Financing: Highlights and Chronology of Current Federal Law
Current law governing financial activity of campaigns for federal office is based on two principal statutes: the Federal Election Campaign Act (FECA) of 1971, as amended in 1974, 1976, and 1979, and the Revenue Act of 1971. These laws were enacted to remedy widely perceived shortcomings of existing law, the Corrupt Practices Act of 1925, and in response to reports of campaign finance abuses over the years, culminating in the 1972-1974 Watergate scandal. This report provides a summary of major provisions of federal law and a chronology of key legislative and judicial actions.
Campaign Finance: Constitutional and Legal Issues of Soft Money
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 soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.
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 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 Financing
This is one report in the series of reports that discuss the campaign finance practices and related issues. Concerns over financing federal elections have become a seemingly perennial aspect of our political system, centered on the enduring issues of high campaign costs and reliance on interest groups for needed campaign funds. The report talks about the today’s paramount issues such as perceived loopholes in current law and the longstanding issues: overall costs, funding sources, and competition.
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