The decision by the Federal Election Commission to defer action on new rules to constrain the activities of so-called 527 political organizations is being portrayed as an utter collapse of the new McCain-Feingold campaign finance law. In fact, nothing could be further from reality.

The dispute over whether several new Democratic-leaning independent political groups should be required to register with the FEC and abide by contribution limits is a legitimate one, and there is merit in the regulatory proposal — rejected by the full commission — that was offered by Commissioners Scott Thomas and Michael Toner. But this argument largely concerns unresolved questions stemming from judicial and FEC interpretations of the 1974 law that governs federal election law — not McCain-Feingold.

Had the Thomas-Toner proposal been adopted, the Media Fund and America Coming Together would have faced tougher requirements on the sources and amounts of contributions they receive. But supporters of the Media Fund and ACT still would have had legal options to continue their campaign activities. ACT would have had to raise more hard money to match its soft-money contributions, but it had already been moving in that direction, as had Moveon.org, which is now focusing its campaign activities on hard-money fundraising and expenditures.

Millionaire contributors to the Media Fund could have separately made independent expenditures in the form of television ads that expressly advocated the defeat of President Bush. Unions could have financed their own "issue ads" supporting Sen. John Kerry (D-Mass.) and attacking Bush until 30 days before the party convention or 60 days before the general election. Corporations would have retained the option to sponsor similar ads. Thereafter, even without FEC action, a key provision of McCain-Feingold kicks in. As the election nears, no 527 organization can use corporate or union money to finance broadcast ads that feature federal candidates.

McCain-Feingold was not written to bring every source of unregulated federal campaign funding within the scope of the law. Rather, it was designed to end the corrupting nexus of soft money that ties together officeholders, party officials and large donors. The law's principal goal was to prohibit elected officials and party leaders from extracting unregulated gifts from corporations, unions and individual donors in exchange for access to and influence with policymakers.

Indeed, the law has accomplished this objective. Members of Congress and national party officials are no longer soliciting unlimited contributions for the party committees, nor are they involved in the independent fundraising efforts of the leading 527 groups. The FEC's decision to defer action, therefore, does not pose the same risk of corruption as did the soft-money decisions of the past.

One of the fundamental concerns raised by the activities of 527s is that these groups, with their ability to receive unlimited contributions, would overshadow the candidates and weaken the role of parties in the electoral process. The new law, however, increased contribution limits to candidates and parties, to offset the effects of inflation and to ensure that parties remain major players in federal elections. Here, the evidence is overwhelming that the law's objective is being realized.

Bush and Kerry have both registered extraordinary fundraising success. Kerry has already raised more than $110 million, while the president has raised more than $200 million. In raising these sums, the presidential nominees have attracted the support of more than 500,000 donors who did not give money during the 2000 campaign. Congressional candidates, too, are also reaching out to new donors, with fundraising up 35 percent over the last cycle.

And in the first 15 months of this cycle, the national party committees have raised more than $430 million in hard money alone — $60 million more than they had raised in hard and soft money combined at the comparable point in the previous presidential cycle. This financial strength reflects the parties' success at adding more than 2 million new donors to their party rolls. For all the attention they are garnering, these 527 groups — both Democratic-leaning and Republican-leaning — pale when compared to the activities of the parties and candidates.

The 2004 elections have enormously high stakes. Supporters of Bush and Kerry are highly motivated to boost the election prospects of their favored candidate. All signs point to a vibrant get-out-the-vote effort by both parties and a rough equality in funding by and on behalf of the two major presidential campaigns. This reflects the 50/50 partisan division in the country and suggests that a disparity in resources is unlikely to determine the outcome of the presidential election.

The FEC has cheered some and disappointed others with its decision to defer new rulemaking on independent political organizations. While we empathize with the critics' concerns, we nonetheless take satisfaction that the major objectives of the new campaign-finance law are being realized.

ABSTRACT:

Early experience with federal campaign finance reform suggests that the new law is fulfilling its primary objective of severing links between policymakers and large donors, and thus reducing the potential for corruption in the political process. Instead of languishing or seeking to circumvent the law, the national political parties have responded to the ban on soft money by increasing their hard money resources. While outside groups appear active, particularly on the Democratic side, their soft money financing should remain a small fraction of what candidates and parties will raise and spend in the 2004 Elections.

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There's a little more than a week to go before the Democratic National Convention begins in Boston. Senator John Kerry is both raising and spending money at a furious pace. The Kerry campaign raised about $182 million from March through June. Senator Kerry also outspent President George Bush in advertising throughout most of the summer. But the president still has more cash on hand, reportedly $63 million at the end of May. That's the latest figure available. The president also has more time to spend that money before accepting his Republican nomination on September 2. Anthony Corrado is an expert on campaign finance.

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During debates in Congress and in the legal battles testing its constitutionality, critics of the Bipartisan Campaign Reform Act of 2002 imagined a host of unanticipated and debilitating consequences. The law's ban on party soft money and the regulation of electioneering advertising would, they warned, produce a parade of horribles: A decline in political speech protected by the First Amendment, the demise of political parties, and the dominance of interest groups in federal election campaigns.

The forecast that attracted the most believers — among politicians, journalists, political consultants, election-law attorneys and scholars — was the claim that Democrats would be unable to compete against Republicans under the new rules, primarily because the Democrats' relative ability to raise funds would be severely crippled. One year ago, Seth Gitell in The Atlantic Monthly summarized this view and went so far as to call the new law "The Democratic Party Suicide Bill." Gitell quoted a leading Democratic Party attorney, who expressed his private view of the law as "a fascist monstrosity." He continued, "It is grossly offensive ... and on a fundamental level it's horrible public policy, because it emasculates the parties to the benefit of narrow-focus special-interest groups. And it's a disaster for the Democrats. Other than that, it's great."

The core argument was straightforward. Democratic Party committees were more dependent on soft money — unlimited contributions from corporations, unions and individuals — than were the Republicans. While they managed to match Republicans in soft-money contributions, they trailed badly in federally limited hard-money contributions. Hence, the abolition of soft money would put the Democrats at a severe disadvantage in presidential and Congressional elections.

In addition, the argument went, by increasing the amount an individual could give to a candidate from $1,000 to $2,000, the law would provide a big financial boost to President Bush, who would double the $100 million he raised in 2000 and vastly outspend his Democratic challenger. Finally, the ban on soft money would weaken the Democratic Party's get-out-the-vote efforts, particularly in minority communities, while the regulation of "issue ads" would remove a potent electoral weapon from the arsenal of labor unions, the party's most critical supporter.

After 18 months of experience under the law, the fundraising patterns in this year's election suggest that these concerns were greatly exaggerated. Money is flowing freely in the campaign, and many voices are being heard. The political parties have adapted well to an all-hard-money world and have suffered no decline in total revenues. And interest groups are playing a secondary role to that of the candidates and parties.

The financial position of the Democratic party is strikingly improved from what was imagined a year ago. Sen. John Kerry (D-Mass.), who opted out of public funding before the Iowa caucuses, will raise more than $200 million before he accepts his party's nomination in Boston. The unusual unity and energy in Democrats' ranks have fueled an extraordinary flood of small donations to the Kerry campaign, mainly over the Internet. These have been complemented by a series of successful events courting $1,000 and $2,000 donors.

Indeed, since Kerry emerged as the prospective nominee in March, he has raised more than twice as much as Bush and has matched the Bush campaign's unprecedented media buys in battleground states, while also profiting from tens of millions of dollars in broadcast ads run by independent groups that are operating largely outside the strictures of federal election law.

The Democratic national party committees have adjusted to the ban on soft money much more successfully than insiders had thought possible. Instead of relying on large soft-money gifts for half of their funding, Democrats have shown a renewed commitment to small donors and have relied on grassroots supporters to fill their campaign coffers. After the 2000 election, the Democratic National Committee had 400,000 direct-mail donors; today the committee has more than 1.5 million, and hundreds of thousands more who contribute over the Internet.

By the end of June, the three Democratic committees had already raised $230 million in hard money alone, compared to $227 million in hard and soft money combined at this point in the 2000 election cycle. They have demonstrated their ability to replace the soft money they received in previous elections with new contributions from individual donors.

Democrats are also showing financial momentum as the election nears, and thus have been gradually reducing the Republican financial advantage in both receipts and cash on hand. In 2003, Democrats trailed Republicans by a large margin, raising only $95 million, compared to $206 million for the GOP. But in the first quarter of this year, Democrats began to close the gap, raising $50 million, compared to $82 million for Republicans. In the most recent quarter, they narrowed the gap even further, raising $85 million, compared to the Republicans' $96 million.

Democrats are now certain to have ample funds for the fall campaigns. Although they had less than $20 million in the bank (minus debts) at the beginning of this year, they have now banked $92 million. In the past three months, Democrats actually beat Republicans in generating cash — $47 million, compared to $31 million for the GOP.

The party, therefore, has the means to finance a strong coordinated and/or independent-spending campaign on behalf of the presidential ticket, while Congressional committees have the resources they need to play in every competitive Senate and House race, thanks in part to the fundraising support they have received from Members of Congress.

Moreover, FEC reports through June confirm that Democratic candidates in those competitive Senate and House races are more than holding their own in fundraising. They will be aided by a number of Democratic-leaning groups that have committed substantial resources to identify and turn out Democratic voters on Election Day.

Democrats are highly motivated to defeat Bush and regain control of one or both houses of Congress. BCRA has not frustrated these efforts. Democrats are financially competitive with Republicans, which means the outcome will not be determined by a disparity of resources. Put simply, the doomsday scenario conjured up by critics of the new campaign finance law has not come to pass.

With only a few months remaining before the 2004 elections, national party committees continue to demonstrate financial strength and noteworthy success in adapting to the more stringent fundraising rules imposed by the Bipartisan Campaign Reform Act (BCRA). A number of factors, including the deep partisan divide in the electorate, the expectations of a close presidential race, and the growing competition in key Senate and House races, have combined with recent party investments in new technology and the emergence of the Internet as a major fundraising tool to produce what one party chairman has described as a "perfect storm" for party fundraising.¹ Consequently, both national parties have exceeded the mid-year fundraising totals achieved in 2000, and both approach the general election with substantial amounts of money in the bank.

After eighteen months of experience under the new rules, the national parties are still outpacing their fundraising efforts of four years ago. As of June 30, the national parties have raised $611.1 million in federally regulated hard money alone, as compared to $535.6 million in hard and soft money combined at a similar point in the 2000 election cycle. The Republicans lead the way, taking in more than $381 million as compared to about $309 million in hard and soft money by the end of June in 2000. The Democrats have also raised more, bringing in $230 million as compared to about $227 million in hard and soft money four years ago. Furthermore, with six months remaining in the election cycle, both national parties have already raised more hard money than they did in the 2000 election cycle.² In fact, by the end of June, every one of the Democratic and Republican national party committees had already exceeded its hard money total for the entire 2000 campaign.³

This surge in hard money fundraising has allowed the national party committees to replace a substantial portion of the revenues they previously received through unlimited soft money contributions. Through June, these committees have already taken in enough additional hard money to compensate for the $254 million of soft money that they had garnered by this point in 2000, which represented a little more than half of their $495 million in total soft money receipts in the 2000 election cycle.

View the accompanying data tables (PDF - 11.4 KB)

¹Terrence McAuliffe, Democratic National Committee Chairman, quoted in Paul Fahri, "Small Donors Grow Into Big Political Force," Washington Post, May 3, 2004, p. A11.
²In 2000, the Republican national party committees raised $361.6 million in hard money, while the Democratic national committees raised $212.9 million. These figures are based on unadjusted data and do not take into account any transfers of funds that may have taken place among the national party committees.
³The election cycle totals for 2000 can be found in Federal Election Commission, "FEC Reports Increase in Party Fundraising for 2000," press release, May 15, 2001. Available at http://www.fec.gov/press/press2001/051501partyfund/051501partyfund.html (viewed July 28, 2004).

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Campaign finance remains one of the most important and controversial aspects of U.S. democracy, as shown by recent legislation, court challenges, and demands for reform. A new Brookings Institution Press book, Financing the 2004 Election, examines the implications that the costs and trends of 2004 have for the current elections.

On September 12, as the 2006 election cycle shifted into high gear, Brookings hosted a panel of experts on money and politics to examine how the year's campaign spending patterns compared to those in previous elections.

Brookings Senior Fellow Thomas Mann addressed these issues along with co-editors Anthony Corrado, Brookings nonresident senior fellow and professor of government at Colby College in Waterville, Maine; and David Magleby, Senior Research Fellow at the Center for the Study of Elections and Democracy and Dean of the School of Family, Home and Social Sciences at Brigham Young University in Utah.

The speakers compared candidate and party receipts of 2006 to date with those of 2002 and 2004, and examined the importance of the surge in individual donors and the role of 527 and 501(c) organizations. They also discussed how the Bipartisan Campaign Reform Act (BCRA) performed in 2004 and how the 2006 elections further test federal elections legislation. The briefing was co-sponsored by the Center for the Study of Elections and Democracy.

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With the presidential debates completed, the campaigns of Senators John McCain and Barack Obama are focusing on persuading remaining undecided voters and mobilizing their supporters for Election Day. The Opportunity 08 project at Brookings and Princeton University examined key questions in the final stretch of the 2008 campaign, including money, ads and mobilization.

Have the candidates’ ads been effective at swaying voters thus far, and what form will they take in the campaign’s final week? With Obama taking the unprecedented step of opting out of public funding for the general election, has McCain been able to leverage party resources to keep pace? Will either candidate be able to match the Republican National Committee’s massive get-out-the-vote efforts of 2004? To examine these and related matters, the Brookings Institution’s Opportunity 08 project, in partnership with the Center for the Study of Democratic Politics at Princeton University’s Woodrow Wilson School of Public and International Affairs, hosted the final roundtable discussion on key questions about American electoral politics in connection with the 2008 campaign.

Featuring panelists Anthony Corrado, a nonresident senior fellow at Brookings and professor at Colby College; Diana Mutz, a nonresident senior fellow at Brookings and professor at the University of Pennsylvania; Lynn Vavreck of UCLA; Mike Allen of Politico; and moderated by Larry Bartels of Princeton and Thomas Mann of Brookings, the session explored how money, ads and mobilization are likely to affect the outcome of the presidential election.

After initial presentations, panelists took audience questions.

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The 2008 elections showcased the power of the Internet to generate voter enthusiasm, mobilize volunteers and increase small-donor contributions. After the political world has been arguing about campaign finance policy for decades, the digital revolution has altered the calculus of participation.

On January 14, a joint project of the Campaign Finance Institute, American Enterprise Institute and the Brookings Institution unveiled a new report that seeks to change the ongoing national dialogue about money in politics. At this event, the four authors of the report will detail their findings and recommendations. Relying on lessons from the record-shattering 2008 elections and the rise of Internet campaigning, experts will present a new vision of how campaign finance and communications policy can help further democracy through broader participation.

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Executive Summary

The political world has been arguing about campaign finance policy for decades. A once rich conversation has become a stale two-sided battleground. One side sees contribution or spending limits as essential to restraining corruption, the appearance of corruption, or the “undue influence” of wealthy donors. The other resists any such limits in the name of free speech. The time has come to leap over this gulf and, as much as possible, move the disputes from the courts. Preventing corruption and protecting free speech should each be among the key goals of any policy regime, but they should not be the only objectives. This report seeks to change the ongoing conversation. Put simply, instead of focusing on attempts to further restrict the wealthy few, it seeks to focus on activating the many.

This is not a brief for deregulation. The members of this working group support limits on contributions to candidates and political parties. But we also recognize the limits of limits. More importantly, we believe that some of the key objectives can be pursued more effectively by expanding the playing field.

Interactive communications technology potentially can transform the political calculus. But technology alone cannot do the trick. Sound governmental policies will be essential: first, to protect the conditions under which a politically beneficial technology may flourish and, second, to encourage more candidates — particularly those below the top of the national ticket — to reach out to small donors and volunteers.

We focus on participation for two reasons. First, if enough people come into the system at the low end there may be less reason to worry about the top. Second, heightened participation would be healthy for its own sake. A more engaged citizenry would mean a greater share of the public following political events and participating in public life. And the evidence seems to suggest that giving and doing are reciprocal activities: volunteering stimulates giving, while giving small amounts seems to heighten non-financial forms of participation by people who feel more invested in the process.

For these reasons, we aim to promote equality and civic engagement by enlarging the participatory pie instead of shrinking it. The Supreme Court has ruled out pursuing equality or civic engagement by constraining speech. But the Court has never ruled out pursuing these goals through policies that do not constrain speech.

This report will show how to further these ends. The first half surveys current conditions; the second contains detailed recommendations for moving forward.

The report begins with new opportunities. The digital revolution is altering the calculus of participation by reducing the costs of both individual and collective action. Millions of American went online in 2008 to access campaign materials, comment on news reports, watch campaign videos and share information. The many can now communicate with the many without the intervention of elite or centralized organizations. This capacity has made new forms of political organizations easier to create, while permitting the traditional organizations — candidates and parties — to achieve unprecedented scales of citizen participation. No example better illustrates this potential than the Obama campaign of 2008, which is discussed at length in the full report.

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From “American Crossroads” to “Americans for a Better Tomorrow, Tomorrow,” so-called "super PACs" have emerged as the dominant new force in campaign finance. Created in the aftermath of two landmark court decisions and regulatory action and inaction by the Federal Election Commission (FEC), these independent spending-only political action committees are collecting unlimited contributions from individuals, corporations and unions to advocate for or against political candidates. The legal requirements they face—disclosure of donors and non-coordination with the candidates and campaigns they are supporting—have proven embarrassingly porous. Increasingly, super PACs are being formed to boost a single candidate and are often organized and funded by that candidate’s close friends, relatives and former staff members. Their presence is most visible in presidential elections but they are quickly moving to Senate and House elections.

On March 1, on the heels of the FEC’s February filing deadline, the Governance Studies program at Brookings hosted a discussion exploring the role of super PACs in the broader campaign finance landscape this election season. Anthony Corrado, professor of government at Colby College and a leading authority on campaign finance, and Trevor Potter, nonresident senior fellow at the Brookings Institution, a former chairman of the FEC and lawyer to Comedy Central’s Stephen Colbert, presented. 

After the panel discussion, the speakers took audience questions. Participants joined the discussion on Twitter by using the hashtag #BISuperPAC.

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Super PACs have already spent tens of millions of dollars in the race for the GOP presidential nomination, with more to come. Expert Anthony Corrado says that the unlimited spending by the PACs, made possible by two Supreme Court decisions, is giving wealthy individuals unprecedented influence in the 2012 elections.

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There is a lively debate today over whether or not campaign finance reforms have weakened the role of political parties in campaigns. This seems an odd argument in an era of historically high levels of party loyalty — on roll calls in Congress and voting in the electorate. Are parties too strong and unified or too weak and fragmented? Have they been marginalized in the financing of elections or is their role at least as strong as it has ever been? Does the party role in campaign finance (weak or strong) materially shape the capacity to govern?

In addition, the increasing involvement in presidential and congressional campaigns of large donors – especially through Super PACs and politically-active nonprofit organizations – has raised serious concerns about whether the super-wealthy are buying American democracy. Ideologically-based outside groups financed by wealthy donors appear to be sharpening partisan differences and resisting efforts to forge agreement across parties. Many reformers have advocated steps to increase the number of small donors to balance the influence of the wealthy. But some scholars have found evidence suggesting that small donors are more polarizing than large donors. Can that be true? If so, are there channels other than the ideological positioning of the parties through which small donors might play a more constructive role in our democracy?

In this paper, Thomas Mann and Anthony Corrado attempt to shed light on both of these disputed features of our campaign finance system and then assess whether campaign finance reform offers promise for reducing polarization and strengthening American democracy. They conclude that not only is campaign finance reform a weak tool for depolarizing American political parties, but some break in the party wars is probably a prerequisite to any serious pushback to the broader deregulation of campaign finance now underway.

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The Supreme Court’s recent McCutcheon decision has reinvigorated the discussion on how campaign finance affects American democracy. Seeking to dissect the complex relationship between political parties, partisan polarization, and campaign finance, Tom Mann and Anthony Corrado’s new paper on Party Polarization and Campaign Finance reviews the landscape of hard and soft money in federal elections and asks whether campaign finance reform can abate polarization and strengthen governing capacity in the United States. The paper tackles two popular contentions within the campaign finance debate: First, has campaign finance reform altered the role of political parties as election financiers and therefore undermined deal making and pragmatism? Second, would a change in the composition of small and large individual donors decrease polarization in the parties?

The Role of Political Parties in Campaign Finance

Political parties have witnessed a number of shifts in their campaign finance role, including McCain-Feingold’s ban on party soft money in 2002. This has led many to ask if the breakdown in compromise and governance and the rise of polarization has come about because parties have lost the power to finance elections. To assess that claim, the authors track the amount of money crossing national and state party books as an indicator of party strength. The empirical evidence shows no significant decrease in party strength post 2002 and holds that “both parties have compensated for the loss of soft money with hard money receipts.” In fact, the parties have upped their spending on congressional candidates more than six-fold since 1980. Despite the ban on soft money, the parties remain major players in federal elections.

Large and Small Donors in National Campaigns

Mann and Corrado turn to non-party money and survey the universe of individual donors to evaluate “whether small, large or mega-donors are most likely to fuel or diminish the polarization that increasingly defines the political landscape.” The authors map the size and shape of individual giving and confront the concern that Super PACs, politically active nonprofits, and the super-wealthy are buying out American democracy. They ask: would a healthier mix of small and large donors reduce radicalization and balance out asymmetric polarization between the parties? The evidence suggests that increasing the role of small donors would have little effect on partisan polarization in either direction because small donors tend to be highly polarized. Although Mann and Corrado note that a healthier mix would champion democratic ideals like civic participation and equality of voice.

Taking both points together, Mann and Corrado find that campaign finance reform is insufficient for depolarizing the parties and improving governing capacity. They argue forcefully that polarization emerges from a broader political and partisan problem. Ultimately, they assert that, “some break in the party wars is probably a prerequisite to any serious pushback to the broader deregulation of campaign finance now underway.”

Click to read Mann and Corrado’s full paper, Party Polarization and Campaign Finance.