Campaign Finance Reform SystemsEssay Preview: Campaign Finance Reform SystemsReport this essay5 March 2001Campaign Finance Reform SystemsLyndon Johnson called it “more loophole than law” (Clean Money Reform). Campaign finance has given birth to an untold number of court cases, regulations and limits involving those seeking office. As naturally follows, there has been a rise in reform proposals, loopholes and PACs to counter the current practices of campaign financing. These two facts alone are enough to declare it is an issue which warrants an appropriate examination of perceived problems and possible solutions.
The common thread seen in most complaints against the current system is that one candidate is given advantage over the other because he or she has a greater capacity to raise and spend money. Consequently, I believe the most forward approach in addressing the problems requires the playing field be leveled, making it just as easy for one candidate to access funds as the other. In doing so, the government has a compelling interest to assure its elected officers are not beholden to any special interest other than the general welfare of their constituents and that such officers are not unfairly stripped of their constitutional guarantee of free speech under the First Amendment.
Before I expound on leveling the field, let me first clear up concerns in the realm of free speech. The courts have held that even “free speech” may be limited if there is a compelling government interest. For example, libel and slander are illegal because they are damaging to an individuals character or enterprise. Language that leads to inciting a riot is also restricted because the government has an interest in preserving the peace. True free speech is a myth. If free speech compromises the integrity of the nations officers or their ability to conduct the governments business, there may be room to regulate the use of free speech.
That being said, I will now tie the issue of free speech to campaign donations, as addressed in Buckley v. Valeo. In Buckley, the United States Supreme Court ruled that, although limitations on campaign contributions restrict a type of speech, they “serve the basic governmental interest in safeguarding the integrity of the electoral process without directly impinging upon the rights of individual citizens and candidates to engage in political debate and discussion” (FEC -Campaign Finance Law Resources). There is a compelling governmental interest in allowing citizens to express their preference for a candidate, but not at the expense of the systems integrity.
The question that follows is what methods to deem acceptable in limiting speech in the interest of preserving integrity and leveling the playing field. Perhaps the most comprehensive reform proposal brought forth has been the Clean Money Campaign Reform system. The system is centered around publicly financed campaigns. The Hoover Institution cites an excerpt from www.publicampaign.org that explains the concept addresses the most common complaints of voters:
– Campaigns are too expensive.– Special interest groups have too much influence.– Candidates and legislators spend too much time fundraising– There are too many loopholes in the current system.Public funding does away with the preceding concerns: candidates dont have to raise funds because they are already available, the package is comprehensive and too tight for loopholes, special interests are eliminated and spending is capped. However, public funding raises new questions as it answers others. How do you convince the public to contribute to the fund? How do you entice candidates to use public funding with capped expenditures rather than pursue infinite spending limits through individual fundraising? The inherent motive of “free money”– that is, money a candidate doesnt have to raise on his or her own– means freedom
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If you are a small business (like a local, state or local government), we urge you to spend some of your time donating.‟ Political campaigns are free to open up space and provide small business owners with a unique way to support their businesses by being willing to donate over the phone. We call this “free speech”: we encourage people to donate to grassroots campaigns, to buy into candidates, to support political candidates, to take on their opponents with their time. While political organizations often have different political priorities, their primary responsibility is to their community and raise money. We ask the media to be especially helpful. We would like to see other organizations with a similar mission on-hand. We want to give those who like independent media an opportunity to participate in the larger community, and are willing to spend small to medium dollar amounts to help people support their small city efforts.We will focus on non-tax-deductible contributions to candidates, and encourage candidates to open up space to fund their own campaigns. The political process can be a messy mess, but it often leaves us with many opportunities for growth. A campaign with a positive idea can help us to build our business by enabling our team to move forward with fundraising, and to further boost economic opportunities for our communities.It’s important to consider our local communities in regards to who our political committees are focused on. When considering a political committee or a individual donor, let us keep in mind:Our campaign teams generally are non-tax-exempt 501(c)(4) organizations and must submit annual filings with the IRS before they may be used as part of political committees. This means that all of our spending on campaign activities is tax exempt. However, we may have significant political committees and individuals that are not otherwise allowed outside the scope of this rule. Our campaign committee/individual donor must file yearly reports with the IRS, but must also submit a separate form to the IRS that provides the campaign finance information used for the 2012 election. Our campaign committee/individual donor can receive donations for the 2011 election during the individual donation reporting period.The primary purpose of a PAC is to “donate.” A PAC can provide political information to a particular group of contributors to the campaign without any government-funded political expenditures. When an election occurs, you can give unlimited amounts of money to the election committee and candidates for the same party.When political committees are involved in politics, as it happens, I can see how our PAC is different than our campaign committee/individual donor PACs. With that being said. All of our organizations and political committees can report to the IRS their campaign expenditures and we can see the results of campaigns that don’t receive a lot of government funding.A great place to read is The Leadership Development Forum , a free site with some great information and guidelines on the principles behind individual campaign contributions and campaign operations. A great place to read about your campaign or candidate is on the Leadership Development Forum. We provide a wide variety of online resources that can answer questions about your campaigns. The Leadership Development Forum is the best place for people to find ways to learn or apply your policies and to help you succeed in a competitive and sustainable way.There are different types of money in political campaigns from donations to campaign expenditures. Most of our political organizations are 501(c)(4) and do not give money to organizations that are not allowed outside of 501(