Campaign Finance Reform

The issue of federal campaign finance reform is not new, having failed repeatedly in Congress over the last several years. However, the issue has gained new momentum, buoyed in part by Senator John McCain’s major focus on the subject during his failed presidential bid and the media love affair with such legislation, from which the media are exempt. Many of the bills before Congress seek to curb political speech through a variety of restrictive schemes. The most prominent of these is the McCain-Feingold bill passed last year in the Senate and its House counterpart Shays-Meehan -- both written with blatant disregard for the Constitution and its fundamental First Amendment protections.

A New Ninth Circuit in the New Year?

It appears that the Ninth Circuit’s New Year’s resolution is to decrease the number of rulings overturned by the United States Supreme Court.  Only two months into the New Year, the traditionally rogue Ninth Circuit has issued two opinions in the campaign finance arena that are remarkably deferential to Supreme Court precedent and leanings...[more]

When Dinner with the Governor Could Be a Felony
McCain-Feingold 101:  (For Those Who Passed It)

It is not uncommon for the U.S. Congress to pass measures that those voting for them have neither read nor understood.  Rarely does that matter much to those doing the passing, since the impact is predominantly on the rest of us.  Besides, all legislation is for our own good, even when we don’t comprehend that, and we should just be grateful, shoulder the consequences and accept the wisdom of the ignorant and inept...[more]

CFIF Executive Director to Discuss Campaign Finance “Reform” at 30th Anniversary of CPAC

Center for Individual Freedom Executive Director Eric Schippers will be joining Judge Kenneth Starr of Kirkland & Ellis and election law expert Cleta Mitchell of Foley & Lardner for a panel discussion on the ongoing lawsuit over the McCain-Feingold/Shays-Meehan Bipartisan Campaign Reform Act (BCRA).  The panel, Campaign Finance Reform: Does the 1st Amendment Mean Anything, will be featured at the 30th anniversary of CPAC on Saturday, February 1 at 11:00 a.m. at the Crystal Gateway Marriott in Arlington, Virginia.  The discussion will be moderated by Southeastern Legal Foundation President Phil Kent...[more]

FEC to Investigate Ms. PAC-Man

San Francisco Congresswoman Nancy Pelosi doled out wads of cash to her Democratic colleagues in the months leading up to the November 5 mid-term elections.  She raised and distributed more money than any other member in the U.S. House of Representatives.  In fact, her prolific fundraising may well have earned Pelosi the overwhelming support in her caucus to replace Dick Gephardt as House Minority Leader — despite being labeled “out-of-touch” with mainstream America by many in her own party...[more]

Center Urges Landrieu to Stand by Her Distorted Principles on Campaign Finance “Reform”

Two days after the mid-term elections, the Center for Individual Freedom sent a letter to Senator Mary Landrieu urging her to stand by her commitment to campaign finance “reform” during her Louisiana run-off election against Suzanne Terrell.  The Center is a named plaintiff in the lawsuit challenging the constitutionality of the McCain-Feingold Bipartisan Campaign Reform Act, as we seek to restore the First Amendment rights of millions of Americans to engage in the political process that Landrieu and many of her colleagues so willingly stripped away.

“As a matter of your own, albeit distorted, principles on campaign finance, it would behoove you to reject all soft money donations during the run-off and campaign within the bounds of BCRA.  You voted for it; live by it. . .”...[more]

BCRA and the Hollywood Loophole

The media stands to gain enormous power in the political process should BCRA be upheld by the U.S. Supreme Court, as they’re exempt. That much is clear to everyone following this issue, especially the editorial page editors of nearly every major newspaper in the country. However, what’s not being discussed, much to the delight of "reformers," is what appears to be an exemption for Hollywood....[more]

Following the Bouncing (and Deflating) Ball
in the Discovery Phase of Campaign Finance Litigation

You need look no further than the federal lawsuit challenging the new campaign finance law for an example of a plaintiff –the party seeking redress – being victimized over and over again by the very litigation process that is the only avenue for plaintiff relief. That case (in which the Center for Individual Freedom is a plaintiff) exemplifies the growing and disturbing trend in litigation of parties imposing burdensome and absurd discovery requests, all in an effort to harass the other parties and pervert the issues.....[more]

Big Win for the Little Guys: Federal Court Rules Irvine’s Campaign Finance Restrictions Unconstitutional

Time and again we read about the little guy who took on city hall and lost. Not this time...[more]

Healthy Campaigns, Democracy Are Compatible

By Senator Mitch McConnell: (Reprinted with permission from The Hill) As the outrage lobby,a.k.a the campaign finance reform industry, continues its hype and hyperbole, I am reminded of that infamous quote from the House Democratic leader, Dick Gephardt (Mo.), on this very issue: "What we have is two important values in direct conflict: freedom of speech and our desire for healthy campaigns in a healthy democracy...[more]

"Let’s Get Ready to Rumble. . ."

Not since Muhammad Ali and "Smokin’ Joe" Frazier fought the Thrilla in Manila more than 25 years ago has there been so much buzz. Capitol Hill newspaper Roll Call called it a modern-day "Clash of the Titans" — the "Thrilla in the LBJ Room."

The event: A shouting match between two Democratic heavyweights in the U.S. Senate — Hillary Clinton (D-NY) and Russ Feingold (D-WI). The setting: A Democratic Policy Committee luncheon. The issue: Implementation of Feingold’s Bipartisan Campaign Finance Reform Act (BCRA) and its impact on Senate Democrats...[more]

John McCain Strikes Again
Who in the World is Ellen Weintraub?

President George W. Bush’s judicial nominees face yet another hurdle in the U.S. Senate — Senator John McCain. The Arizona Republican has placed a hold on all nominations pending before the Senate, including 17 judicial nominees. And the "maverick" senator is vowing to prevent any action on their confirmations until the president assures him that Ellen Weintraub will receive a recess appointment to a seat on the Federal Elections Commission (FEC) during Congress’ upcoming August break...[more]

CIF Among Two Dozen Groups and Individuals to Join McConnell Legal Challenge to "Campaign Finance Reform"

At a Capitol Hill press conference on April 10, CIF joined two dozen organizations and individuals from across the political spectrum to announce their participation as plaintiffs in Senator Mitch McConnell’s (R-KY) legal challenge (McConnell v. FEC) to the Bipartisan Campaign Finance Reform Act...[more]

Challenges to State Campaign Finance Laws Heat Up

With lawsuits over federal campaign finance legislation brewing, suits involving state campaign laws are boiling over, with two recent decisions being handed down, one involving a Massachusetts law and the other a Mississippi statute...[more]

Center for Individual Freedom to Join Lawsuit
Challenging Constitutionality of "Campaign Finance Reform" Law

On March 27, 2002, President George W. Bush – privately, without ceremony or even a publicly released photograph – signed into law the bill commonly referred to as "campaign finance reform"– the most extensive and insidious assault on political speech ever ventured in the U.S...{more]

Congress Passes "Campaign Finance Reform"

The Senate this week voted 60-40 to approve the House-passed Shays-Meehan campaign finance "reform" bill. It did so without having to pull out the cots Majority Leader Daschle conveniently arranged to have on hand for threatened all-night sessions. Nor did the Senate mirror the long and drawn-out House debate. In the end, thanks in large part to the editorial support of major media, which are exempt, Shays-Meehan passed the Senate with relative ease, as opponents shifted their energy to prepare for the court battle. Shortly after the vote, President Bush released a statement saying he would sign the measure into law, despite "legitimate Constitutional questions."

The Center has long held that Shays-Meehan and its Senate counterpart, McCain-Feingold, represent an egregious assault on the First Amendment; this issue will ultimately be decided by the U.S. Supreme Court. As Senator Mitch McConnell (R-KY) said so eloquently, we are "consoled by the obvious fact that the courts do not defer to Congress on matters of the Constitution."

Center Joins Over 50 Organizations in Urging Senate to Vote No on Shays-Meehan

On February 28, 2002, the Center joined over 50 organizations in an effort to stop so-called campaign finance "reform" by signing a letter sent to every member of the U.S. Senate. The letter urged Senators to vote "no" on the Shays-Meehan campaign finance reform bill now before them. According to the letter, "The bill you will be voting on redefines political speech and outlaws or criminalizes speech that every American has always thought protected by the First Amendment to our Constitution. … By voting NO, you will take the side of freedom and honor your oath to support and defend the U.S. Constitution."

To read the letter click here.

"Campaign Finance Reform"

Virtually everyone in and around politics has had something to say about so-called "campaign finance reform," including us. It is now here, in the Lewis Carroll reality of Shays-Meehan, the bill passed by the House of Representatives...[more]

Every citizen who cares anything at all about the Constitution and participation in the political process should read it.

Come One, Come All!
The Shays-Meehan "Campaign Finance Reform" Debate Circus

Step right up to view the GREATEST SHOW ON EARTH.
On February 13-14, the U.S. House of Representatives debated and voted to approve so-called "campaign finance reform." It’s AMAZING. It’s SHOCKING. It’s HORRIFYING. Take a look inside to see the circus for yourself — "In their own words..."

"Campaign Finance Reform" Passes

In the wee hours of the morning on February 14, the U.S. House of Representatives passed Reps. Christopher Shays’ (R — CT) and Marty Meehan’s (D — MA) so-called "campaign finance reform" legislation (HR 2356). After more than 16 hours of debate and several attempts by opponents to protect the First Amendment rights of Americans to engage in political speech, the measure passed by a vote of 240 -189.

Click here for the roll call vote, which provides the names of the 240 Congressmen who voted for Shays-Meehan, and against the Constitution.

"Campaign Finance Reform" Vote Set

The U.S. House of Representatives has set a vote on so-called "Campaign Finance Reform," aka Shays-Meehan, for Wednesday, February 14. Debate, which will undoubtedly actuate one of the great political posture festivals of the season, will be on Tuesday...[more]

Campaign Finance Reform to Get a Vote in the House

Sparked in part by the Enron debacle, supporters of the Shays-Meehan campaign finance reform bill (H.R. 2356) yesterday gained enough support to bring the measure to a vote on the House floor...[more]

Capitol Hill Agenda Significantly Altered in Wake of 9-11 Terrorist Attacks

In a contentious effort by all members of Congress to set aside issues that have been the subject of fierce partisan debates this year, the drive to force a House vote on campaign finance reform legislation has, for now, come to a halt. [more]

CFR Discharge Petition

The odds are against Shays-Meehan. According to an August 6 report by the Congressional Research Service, of the 551 discharge petitions that have been filed since 1931, only 46 have obtained the required signatures and only two have led to a change in law. Let’s hope history holds true, and Representative Shays and Meehan’s blatant attack on the Constitution meets its demise in the 107^th Congress...[more]

Campaign Finance Reform
Finis for Now

So-called campaign finance reform is gone for now, except for the shouting, the recriminations, the jockeying for position–the 10-cent public dance of the dwarves that denigrates most who participate... [more]

Campaign Finance and the First Amendment

By Erik S. Jaffe: McCain-Feingold represents a frontal assault on a variety of First Amendment principles, some, but not all, discussed in this paper. Because Buckley and its progeny are under attack from both supporters and opponents of campaign finance restrictions, and because the Supreme Court may well move in a new direction when next called to confront these issues, anyone concerned with individual freedom must consider the First Amendment issues from the perspective of first principles…[more]

Update: Erik Jaffe, author of Campaign Finance and the First Amendment, recently participated in a live online chat on TownHall.com on the subject of campaign finance reform. To read a copy of the archived transcript, please click here.

Federal Judge Strikes Down Alaska's "Soft Money" Ban

U.S. District Judge James Singleton on June 11 struck down a section of Alaska's political contributions law that banned corporate and union contributions to political parties ("soft money contributions"). Finding the ban violated the First Amendment of the U.S. Constitution, Judge Singleton ruled that corporations and unions can give unlimited amounts of "soft money" to political parties, as long as none of the money goes towards getting specific candidates elected.

According to Judge Singleton, contributions to a political party do not raise undue influence issues. However, the judge let stand Alaska's ban against corporate contributions to individual candidates.

This decision reverses in part an April 10th opinion from this judge, wherein he found it constitutional to ban corporate contributions. There was no indication why he changed his mind.

The assistant attorney general indicated that the state would appeal the decision.

To read the decision, click on:

• Kenneth P. Jacobus vs. State of Alaska

Supreme Court Rejects First Amendment Challenge to Party Spending Limits

In a very close decision, the United States Supreme Court ruled 5-4 to uphold party limits on coordinated expenditures. The Court found that limiting coordinated spending by a party does not impose a unique First Amendment burden on parties and that coordinated expenditures of unlimited money donated to a party dilute and therefore undermine the contribution limits…[more]

McCain-Feingold Campaign Finance Reform Bill (S. 27)

• Text of S. 27 as amended by the Senate
• Text of S. 27 as introduced (January 22, 2001)

Previously Posted:

On April 2, the Senate voted 59-41 to approve S.27. The bill now goes to the House of Representatives, where it is sure to be altered by members on both sides of the aisle. S. 27 will then be ironed out in a conference committee before it reaches President Bush's desk.

President Bush still has not indicated whether he would sign the McCain-Feingold bill, although, the version that passed the Senate ignores many of the principles outlined by the White House last month.

Key provisions: Would ban soft money contributions, increase yearly individual hard money contribution limits, increase reporting and disclosure requirements for organizations and businesses that sponsor broadcast ads or other election communications.

President Bush Releases His Statement of Principles

In a letter to Majority Leader Trent Lott, Bush outlined key principles that he considers the framework to "responsible campaign finance reforms...[more]

Congressional Research Service Report on Campaign Finance Reform,
Updated April 6th 2001

The Congressional Research Service is the independent research arm of the Library of Congress. The report gives a broad overview of the history of Campaign Finance Reform in the United States...[more]

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