🗳️Political Campaigns Unit 12 – Campaign Ethics and Election Laws

Key Concepts and Definitions

• Campaign ethics involves the moral principles and values that guide the conduct of political candidates, their staff, and supporters during an election campaign
• Election laws are the legal rules and regulations that govern various aspects of the electoral process, including campaign finance, advertising, voting procedures, and ballot access
• Transparency in campaigns refers to the openness and honesty with which candidates and their teams communicate their positions, policies, and financial backers to the public
• Conflicts of interest arise when a candidate's personal or professional relationships interfere with their ability to act in the best interest of their constituents
• Negative campaigning involves attacking an opponent's character, record, or positions rather than promoting one's own qualifications and policies
• Voter suppression encompasses any tactics used to discourage or prevent eligible voters from casting their ballots, such as imposing strict voter ID laws or closing polling locations
• Dark money refers to political spending by organizations that are not required to disclose their donors, making it difficult to trace the source and influence of these funds

Historical Context of Campaign Ethics

• The United States has a long history of campaign finance scandals, dating back to the early 19th century when candidates often used their own wealth to buy votes and influence
• In the late 19th and early 20th centuries, powerful business interests and political machines exerted significant control over elections through bribery, patronage, and voter intimidation
• The Watergate scandal in the 1970s, which involved illegal campaign contributions and cover-ups by President Nixon's re-election campaign, led to major reforms in campaign finance laws
• The Bipartisan Campaign Reform Act of 2002 (McCain-Feingold Act) aimed to limit the influence of soft money in federal elections and regulate issue advocacy ads
• The Citizens United v. FEC Supreme Court decision in 2010 struck down key provisions of the McCain-Feingold Act, allowing unlimited independent expenditures by corporations and unions
• In recent years, the rise of social media and digital campaigning has created new ethical challenges around data privacy, microtargeting, and the spread of misinformation

Core Ethical Principles in Politics

• Honesty and integrity are essential qualities for political candidates, who should be truthful in their communications and consistent in their actions
• Fairness and impartiality require candidates to treat all constituents and opponents with respect, regardless of their background or beliefs
• Accountability means taking responsibility for one's actions and decisions, both during the campaign and while in office
• Transparency involves being open about campaign finances, policy positions, and potential conflicts of interest
  • Candidates should disclose their tax returns, financial assets, and sources of income
  • Campaign websites should clearly outline the candidate's stance on key issues
• Public trust is earned by demonstrating a commitment to serving the common good rather than personal or special interests
• Respect for the democratic process entails accepting the outcome of free and fair elections and supporting a peaceful transition of power

Major Election Laws and Regulations

• The Federal Election Campaign Act (FECA) of 1971 established the Federal Election Commission (FEC) to oversee campaign finance regulations and disclosure requirements
• FECA limits individual contributions to candidates and political committees, and requires campaigns to report their financial activities to the FEC
• The Voting Rights Act of 1965 prohibits discrimination in voting based on race, color, or language minority status, and requires certain jurisdictions to obtain federal approval before changing their voting laws
• The National Voter Registration Act (Motor Voter Act) of 1993 requires states to offer voter registration opportunities at DMVs and other government agencies
• The Help America Vote Act (HAVA) of 2002 sets national standards for voting systems, provisional ballots, and voter information, and provides funding for states to upgrade their election infrastructure
• State and local laws may impose additional requirements on campaigns, such as limits on campaign contributions, disclosure of campaign finance information, and restrictions on political advertising

Ethical Challenges in Modern Campaigns

• The increasing cost of campaigns has led to a reliance on wealthy donors and special interest groups, raising concerns about undue influence and corruption
• Negative campaigning and attack ads can mislead voters, depress turnout, and erode public trust in the political process
• The use of social media and digital advertising allows campaigns to target specific voters with tailored messages, but also enables the spread of misinformation and conspiracy theories
• Foreign interference in elections, through hacking, disinformation campaigns, and financial support for candidates, poses a threat to national security and the integrity of the democratic process
• Gerrymandering, or the manipulation of electoral district boundaries for partisan advantage, can dilute the voting power of certain communities and lead to unrepresentative government
• Voter suppression tactics, such as strict voter ID laws, purges of voter rolls, and closing of polling locations, disproportionately affect low-income, minority, and elderly voters
• Lack of diversity among candidates and campaign staff can result in a failure to address the needs and concerns of underrepresented groups

Campaign Finance Rules and Transparency

• Federal law prohibits foreign nationals from making contributions or expenditures in connection with U.S. elections
• Corporations and unions are prohibited from making direct contributions to federal candidates, but can establish political action committees (PACs) to raise money from their employees or members
• Super PACs can raise and spend unlimited amounts of money to support or oppose candidates, but cannot coordinate directly with campaigns
• Campaigns must file regular reports with the FEC disclosing their receipts, expenditures, and debts
  • These reports are publicly available on the FEC website
  • Failure to file accurate and timely reports can result in fines and legal penalties
• Candidates must also disclose their personal financial interests, including assets, liabilities, and sources of income, to identify potential conflicts of interest
• Some states and localities have adopted additional campaign finance regulations, such as contribution limits, public financing of campaigns, and restrictions on lobbyist donations

Enforcement and Consequences of Violations

• The Federal Election Commission is responsible for enforcing federal campaign finance laws and investigating potential violations
  • The FEC can impose civil penalties, such as fines, for violations of campaign finance rules
  • In cases of willful and knowing violations, the FEC may refer the matter to the Department of Justice for criminal prosecution
• The Office of Government Ethics oversees compliance with conflict of interest laws and financial disclosure requirements for federal officials
• State and local ethics commissions or election boards may have jurisdiction over violations of state and local campaign laws
• Candidates who violate campaign ethics rules or election laws may face legal consequences, such as fines, penalties, or even imprisonment
• Ethical lapses can also have political consequences, such as loss of public trust, damage to reputation, and electoral defeat
• In some cases, officials who engage in serious misconduct may be subject to impeachment or removal from office

Case Studies and Real-World Examples

• In the 1996 U.S. presidential election, the Democratic National Committee was found to have accepted illegal foreign contributions from Chinese nationals, leading to a Senate investigation and criminal charges against several fundraisers
• The 2000 presidential election between George W. Bush and Al Gore was marked by controversy over the counting of ballots in Florida, with allegations of voter suppression and a Supreme Court decision that ultimately halted the recount
• In 2006, lobbyist Jack Abramoff pled guilty to charges of conspiracy, fraud, and tax evasion related to his lobbying activities and influence over members of Congress, leading to stricter rules on lobbying and gift-giving
• The 2016 U.S. presidential election was marred by Russian interference, including hacking of Democratic Party emails and a social media disinformation campaign, as well as allegations of collusion between the Trump campaign and Russian officials
• In 2018, the North Carolina State Board of Elections ordered a new election in the state's 9th Congressional District after finding evidence of absentee ballot fraud by a Republican operative working for the campaign of Mark Harris
• The 2020 U.S. presidential election saw unprecedented challenges to the legitimacy of the outcome, with baseless claims of widespread voter fraud by President Trump and his supporters, culminating in the January 6th attack on the U.S. Capitol