Federal Election Campaign Act

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This article is about the campaign act. For other uses, see Federal Employees' Compensation Act and FECA (disambiguation).


The Federal Election Campaign Act of 1971 (FECA, Pub.L. 92–225, 86 Stat. 3, enacted February 7, 1972, 52 U.S.C. § 30101 et seq.) is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communication media, adding additional penalties to the criminal code for election law violations, and imposing disclosure requirements for federal political campaigns.[1] The Act was signed into law by President Richard Nixon on February 7, 1972.[2]

In 1974, the act was amended to create the Federal Election Commission (FEC) and to place legal limits on campaign contributions and expenditures.

The act was amended again in 1976, in response to the provisions ruled unconstitutional by Buckley v. Valeo, including the structure of the FEC and the limits on campaign expenditures, and again in 1979 to allow parties to spend unlimited amounts of hard money on activities like increasing voter turnout and registration. In 1979, the FEC ruled that political parties could spend unregulated or "soft" money for non-federal administrative and party building activities. Later, this money was used for candidate-related issue ads, which led to a substantial increase in soft money contributions and expenditures in elections. This in turn led to passage of the Bipartisan Campaign Reform Act of 2002 ("BCRA"), effective on January 1, 2003, which banned soft money expenditure by parties. Some of the legal limits on giving of "hard money" were also changed by BCRA.

In addition to limiting the size of contributions to candidates and political parties, FECA also requires campaigns and political committees to report the names, addresses, and occupations of donors of more than $200.

The FECA contains an express preemption clause, which expressly preempts state and federal law with respect to federal elections.

Background

As early as 1905, Theodore Roosevelt argued in favor of campaign finance reform and called for a ban of corporate contributions for political purposes. In response, the United States Congress passed the Tillman Act of 1907, which banned the corporate contributions. Further regulation followed in the Federal Corrupt Practices Act enacted in 1910, and subsequent amendments in 1910 and 1925, the Hatch Act, the Smith–Connally Act of 1943, and the Taft–Hartley Act in 1947. These acts sought to regulate corporate and union spending in campaigns for federal office, and mandated public disclosure of campaign donors.

In 1970, President Nixon vetoed the Political Broadcast Act of 1970, a bill that aimed to establish laws regulating campaign spending on television and radio.[3] Despite having the necessary membership to override the veto, Senate Democrats did not pass the law without the President's signature.[4] Subsequently, Senator Mike Mansfield introduced S 382, later to be known as FECA, to the Senate on January 26, 1971 in the 92nd Congress.

Original provisions

Campaign Communications

FECA limited campaign to spending $0.10 per voter in the district they're running in or $50,000, whichever total was greater when adjusted for inflation using the Consumer Price Index. Additionally, FECA required broadcast and non-broadcast media to charge the lowest unit rate for advertisements for all candidates within the 45 days leading up to a primary election and the 60 days leading up to a general election.[5] Despite several debates on the issue, FECA did not repeal Section 315 of the Communications Act, a requirement that media companies offer equal broadcast time to candidates for federal office.[6]

Criminal Code Amendments

Promises of rewards were prohibited under FECA, meaning that a candidate for office could not offer employment or other benefits in exchange for donations or other forms of political aid. FECA also placed a cap on the amount a candidate could spend of their own money on their campaign at $50,000 for Presidential and Vice Presidential candidates, $35,000 for Senate candidates, and $25,000 for candidates for the House of Representatives.[5]

Disclosure Requirements

FECA required candidates for federal office to disclose the expenditures they made and contributions they received if those amounts totaled more than $100. Candidates were also required to disclose the structure and membership of their political committees if they intended to receive and spend more than $1,000 during a calendar year.[5]

1974 amendments

Following reports of serious financial abuses in the 1972 presidential campaign,[citation needed] Congress amended the FECA in 1974 to set limits on contributions by individuals, political parties and PACs. The 1974 amendments also established an independent agency, the Federal Election Commission (FEC) to enforce the law, facilitate disclosure and administer the public funding program. The FEC commenced to function in 1975 and administered the first publicly funded presidential election in 1976.

In 1976, the Supreme Court in Buckley v. Valeo struck down several key provisions of the 1974 amendments, including limits on spending by candidate campaigns, limits on the ability of citizens to spend money independently of a campaign, and limits on the amount of money a candidate could donate to his or her own campaign. The case also substantially narrowed the category of independent political expenditures subject to mandatory donor disclosure.

1976 and 1979 amendments

Further amendments to the FECA were made in 1976 to conform the law with the ruling in Buckley v. Valeo. Major amendments were also made in 1979 to streamline the disclosure process and expand the role of political parties.

2002 amendments

In 2002, major revisions to the FECA were made by the Bipartisan Campaign Reform Act, more commonly referred to as "McCain–Feingold." However, major portions of McCain-Feingold were struck down by the Supreme Court on constitutional grounds in Federal Election Commission v. Wisconsin Right to Life, Inc. (2007), Davis v. Federal Election Commission (2008) and Citizens United v. Federal Election Commission (2010). The Citizens United ruling also struck down FECA's complete ban on corporate and union independent spending, originally passed as part of the Taft–Hartley Act in 1947.[7]

See also

References

  1. ^ "Campaign Spending: Major Reform Bill Neared Passage". Congressional Quarterly Almanac. 27: 875–876. 1971.
  2. ^ Peters, Gerhard; Woolley, John T. "Richard Nixon: "Statement on Signing the Federal Election Campaign Act of 1971.," February 7, 1972". The American Presidency Project. University of California - Santa Barbara.
  3. ^ Goldman, Jerry; Berry, Jeffrey M. "Congress and Public Policy: a Study of the Federal Election Campaign Act of 1971". Harvard Journal on Legislation. 10.
  4. ^ Weaver, Warren (February 14, 1971). "Congress Braces for a Battle Over Campaign Spending Curbs". New York Times.
  5. ^ a b c "House Delays Vote on Campaign Spending Control Bill". Congressional Quarterly (29): 2668–2670. December 25, 1971.
  6. ^ Weaver, Warren (January 20, 1972). "Campaign Spending Curb is Sent to Nixon by House". The New York Times.
  7. ^ The FEC and the Federal Campaign Finance Law

External links

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