Malcolm Rivera
The Federal Election Campaign Act (FECA) of 1971 is the primary United States federal law regulating political campaign fundraising and spending. The Act imposes restrictions on the amounts of monetary or other contributions that can be made to federal candidates and parties, mandates disclosure of contributions and expenditures, and introduces bans on certain corporate and union contributions, speech, and expenditures. FECA has been amended several times, including in 1974 following the Watergate scandal, in 1976 after the Supreme Court struck down several provisions as unconstitutional, and in 2002 by the Bipartisan Campaign Reform Act (BCRA). While FECA is not explicitly mentioned in the Constitution, it is enacted by Congress under its constitutional powers to regulate elections and falls under the broad category of campaign finance laws.
| Characteristics | Values |
|---|---|
| Year of Adoption | 1971 |
| Purpose | To regulate the raising and spending of money in U.S. federal elections |
| Other Names | Federal Election Campaign Act of 1971, FECA |
| Enacted By | President Richard Nixon |
| Date Enacted | February 7, 1972 |
| Amendments | 1974, 1976, 1979, 2002 |
| Regulating Body | Federal Election Commission (FEC) |
| Regulated Entities | Federal candidates, political parties, and political action committees (PACs) |
| Key Provisions | Limits on campaign expenditures, disclosure requirements, restrictions on corporate and union contributions |
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What You'll Learn
The Federal Election Campaign Act of 1971
The Act was signed into law by President Richard Nixon on February 7, 1972. In 1970, Nixon had vetoed the Political Broadcast Act of 1970, a bill that aimed to establish laws regulating campaign spending on television and radio. Nixon claimed that the Act did not sufficiently limit campaign expenditures, noting that it "plugged only one hole in a sieve". Subsequently, Senator Mike Mansfield introduced FECA to the Senate on January 26, 1971.
The Act limited campaign expenditures for broadcast media, newspaper advertisements, and telephone calls to $0.10 per voter in the district they were running in when adjusted for inflation using the consumer price index. The Act also limited the amount campaigns could spend on broadcast media to 60% of their total campaign spending limitation. Additionally, the Act 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. Despite several debates on the issue, the Act did not repeal Section 315 of the Communications Act of 1934, which requires media companies to offer equal broadcast time to candidates for federal office. Promises of rewards or gifts 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 has been amended several times. In 1974, following the Watergate scandal, the Act was amended to create the Federal Election Commission (FEC) and to further regulate campaign spending. 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. In 1979, the FEC ruled that political parties could spend unregulated or "soft" money for non-federal administrative and party-building activities. This led to the passage of the Bipartisan Campaign Reform Act of 2002 ("BCRA"), which banned soft money expenditures by parties.
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Amendments to the Act
The Federal Election Campaign Act (FECA) has been amended several times since its adoption in 1971. Here is a detailed overview of the significant amendments to the Act:
1974 Amendments
Following the 1972 Presidential election, Congress amended FECA in 1974 to address reports of serious financial abuses. These amendments set limits on contributions by individuals, political parties, and Political Action Committees (PACs). The 1974 amendments also established the Federal Election Commission (FEC) as an independent agency to enforce the law, facilitate disclosure, and administer the public funding program. These changes marked an important step towards regulating campaign spending and improving transparency in political financing.
1976 Amendments
In 1976, FECA underwent further amendments to align with the Supreme Court's ruling in Buckley v. Valeo. These changes were made to address provisions that were deemed unconstitutional, including the structure of the FEC and the limits on campaign expenditures. The 1976 amendments also sought to streamline the disclosure process and expand the role of political parties in the electoral process.
1979 Amendments
The 1979 amendments to FECA were significant in that they allowed political parties to spend unlimited amounts of "hard money" on activities such as increasing voter turnout and registration. This decision by the FEC led to a substantial increase in soft money contributions and expenditures in subsequent elections, as these funds were initially intended for non-federal administrative purposes.
2002 Amendments – Bipartisan Campaign Reform Act (BCRA)
In 2002, the Bipartisan Campaign Reform Act (commonly known as "McCain–Feingold") made major revisions to FECA. The BCRA banned the expenditure of soft money by political parties and made changes to the legal limits on hard money contributions. However, it is important to note that significant portions of the BCRA were later struck down by the Supreme Court on constitutional grounds in several cases between 2007 and 2010.
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The Federal Election Commission (FEC)
The FEC is led by six commissioners who are nominated by the president and confirmed by the Senate. The chair of the commission rotates among the commissioners each year, with no commissioner serving as chair more than once during a six-year term. Official actions taken by the FEC must be approved by a vote of at least four commissioners, ensuring that none of its decisions are completely partisan. The commissioners ensure that mandatory campaign-finance reports by individual candidates, political parties, and political action committees (PACs) are accurate and complete. They also investigate accusations of unlawful actions related to soliciting or spending campaign funds.
The FEC has been involved in several landmark Supreme Court cases that have significantly impacted campaign finance law. One notable case is Citizens United v. Federal Election Commission (2010), where the Court ruled that laws preventing corporations and unions from using their general treasury funds for independent "electioneering communication" infringed upon the freedom of speech of corporations and unions. This ruling partly invalidated a major FECA amendment, the Bipartisan Campaign Reform Act (BCRA) of 2002, which had restricted corporate and union spending on independent political advertising.
In addition to its regulatory and enforcement roles, the FEC also provides public access to campaign finance information and clarifies campaign finance laws through regulations, advisory legal opinions, and public education. The agency's major responsibilities can be broadly categorized into four groups: managing the operation of the Presidential Election Campaign Fund, providing public access to campaign finance information, clarifying campaign finance laws, and enforcing the provisions of the law.
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Limits on campaign spending
The Federal Election Campaign Act (FECA) of 1971 is the primary federal law regulating political campaign fundraising and spending in the United States. The Act establishes contribution limits for federal candidates, which apply to all types of contributions, including money, goods and services, and loans. These limits vary depending on the type of election, such as primary or general elections, and are adjusted for inflation.
FECA imposes restrictions on the amounts of monetary or other contributions that can be made to federal candidates and parties, with certain bans on corporate and union contributions. It also mandates the disclosure of contributions and expenditures in campaigns for federal office, requiring candidates to report the names of contributors and the amounts given. The Federal Election Commission (FEC) is the independent regulatory agency charged with enforcing these laws and has jurisdiction over the financing of campaigns for the U.S. House, Senate, Presidency, and Vice Presidency.
While FECA sets limits on campaign spending, there are some exceptions. For example, candidates can spend their own personal funds on their campaigns without limits, but they must report the amount spent to the FEC. Additionally, independent-expenditure-only political committees, or "Super PACs," can accept unlimited contributions, including from corporations and labour organizations.
It is important to note that the Supreme Court has ruled on several occasions that certain campaign spending limits violate the First Amendment right to freedom of expression. As a result, the government cannot limit political spending by corporations, and biennial aggregate contribution limits were deemed unconstitutional. These rulings have led to changes in the laws surrounding campaign finance, with ongoing debates about the role of money in politics.
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Disclosure requirements
The Federal Election Campaign Act (FECA) of 1971 is the primary federal law in the United States that regulates political campaign fundraising and spending. It imposes disclosure requirements on individuals and organisations that act in a political forum, including officeholders, candidates, donors, and interest groups. These requirements allow interested parties, such as the media and the public, to examine records that would otherwise be hidden from them.
FECA was amended in 1974 following the Watergate scandal to further regulate campaign spending and establish the Federal Election Commission (FEC). The FEC is an independent regulatory agency charged with administering and enforcing federal campaign finance laws. It has jurisdiction over the financing of campaigns for federal offices, including the House, Senate, Presidency, and Vice Presidency.
The Bipartisan Campaign Reform Act of 2002 (BCRA) sought to tighten FECA's disclosure provisions by closing loopholes in the original act. This included addressing the use of "soft money" contributions and expenditures not coordinated with the people conducting the campaigns. Broadcasters were also required to keep records on contracts that create "electioneering communications", even if they are not completed.
FECA's disclosure requirements have been subject to legal challenges, with some arguing that they impinge on First Amendment freedoms of speech and association. However, courts have generally upheld the increased disclosure requirements, recognising their importance in providing necessary information to voters and allowing for more informed decision-making.
Overall, the disclosure requirements under FECA and subsequent amendments aim to increase transparency and accountability in the campaign finance process by mandating the disclosure of contributions and expenditures in campaigns for federal office.
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Frequently asked questions
The Federal Election Campaign Act of 1971 is the primary federal law regulating political campaign fundraising and spending in the United States.
The Act imposes restrictions on the amounts of monetary or other contributions that can lawfully be made to federal candidates and parties. It also mandates the disclosure of contributions and expenditures in campaigns for federal office.
The Act limits campaign expenditures for broadcast media, newspaper advertisements, and telephone calls. It also prohibits promises of rewards or gifts, meaning candidates cannot offer employment or other benefits in exchange for donations or political aid.
The Federal Election Campaign Act has been amended several times. Amendments include the creation of the Federal Election Commission (FEC) in 1974, changes in response to Buckley v. Valeo in 1976, and the Bipartisan Campaign Reform Act of 2002.
The FEC is an independent regulatory agency charged with administering and enforcing federal campaign finance law. The FEC has jurisdiction over the financing of campaigns for the U.S. House, Senate, Presidency, and Vice Presidency.
