Who Oversees Political Campaign Practices?

Political campaign practices are governed by a combination of federal, state, and local laws, as well as court rulings. At the federal level, the Federal Election Commission (FEC) is responsible for administering and enforcing the Federal Election Campaign Act (FECA) of 1971, which regulates campaign financing for federal elections. The FEC has exclusive jurisdiction over civil enforcement of federal campaign finance law. The Supreme Court has also played a significant role in shaping campaign regulations, often ruling on cases involving the First Amendment and the government's interest in preventing corruption. State and local governments also have their own campaign regulations, such as California's Political Reform Act, which mandates transparency in campaign financing. Additionally, the Federal Communications Commission (FCC) governs the use of robocalls and robotexts during political campaigns.

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Campaign finance and contribution limits

The Federal Election Commission (FEC) is responsible for enforcing campaign finance regulations and setting contribution limits for federal elections. These limits apply to contributions made to federal candidates seeking election to the U.S. House, U.S. Senate, or U.S. President. The limits cover individual donations, as well as contributions from political action committees (PACs) and party committees.

It's important to note that independent-expenditure-only political committees, often referred to as "Super PACs," are not subject to the same restrictions. These committees can accept unlimited contributions, even from corporations and labor organizations. However, they are prohibited from coordinating directly with candidates or parties.

Contribution limits are adjusted periodically to account for inflation. For the 2023-2024 election cycle, the contribution limits were published in the Federal Register on February 2, 2023. These limits are in effect for the two-year election cycle and are adjusted only in odd-numbered years.

In addition to federal regulations, individual states may have their own laws governing campaign finances and contribution limits for state and local elections. These laws can vary significantly from state to state, and it's important for candidates and contributors to be aware of the specific rules in their jurisdiction.

Court rulings on campaign regulations

The regulation of political campaigns often involves competing First Amendment concerns, forcing courts to decide which rights deserve more protection. The Supreme Court has made several rulings on when campaign regulations violate First Amendment rights to free speech and when the government has a compelling interest in limiting such speech to prevent corruption or the appearance of corruption.

In Citizens United v. FEC (2010), the Supreme Court overturned earlier rulings that limited corporate spending in campaigns. The court ruled that a Bipartisan Campaign Reform Act (BCRA) provision prohibiting corporations and unions from using their general funds for express advocacy or electioneering communications was an unconstitutional violation of First Amendment rights to free speech. The majority ruled in favour of disclosing the sources of campaign contributions, stating that:

> Prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters. Shareholders can determine whether their corporation's political speech advances the corporation's interest in making profits, and citizens can see whether elected officials are "in the pocket" of so-called moneyed interests... This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.

In Federal Election Commission v. Cruz, the court ruled in favour of Senator Ted Cruz, who argued that a restriction on his campaign committee from repaying personal loans over $250,000 with post-election contributions limited his political speech. The court agreed that debt was "a ubiquitous tool for financing electoral campaigns, especially for new candidates and challengers" and that inhibiting a candidate from using this source of funding abridges political speech.

In McConnell v. Federal Election Commission (2003), the court upheld a ban on so-called "soft money" contributions to political parties under the BCRA of 2002. However, in Randall v. Sorrell (2006), the court struck down parts of a Vermont campaign finance law that established strict contribution and expenditure limits as First Amendment violations.

In McCutcheon v. FEC (2014), the Supreme Court struck down aggregate contribution limits—the amount one contributor can give in federal elections to all candidates, political parties, and political action committees (PACs) combined. The court also defended giving access and influence to donors as a key democratic right, ruling that donors have the same right to influence officials as constituents.

In a separate case concerning Arizona's public funding program, the Supreme Court struck down a provision that provided additional money to candidates who faced big-spending opponents. The court ruled that the program inhibited "robust and wide-open political debate without sufficient justification".

Campaign communication and advertising

Political campaigns are organised efforts to influence decision-making processes within specific groups. In modern politics, the most high-profile campaigns are focused on general elections and candidates for head of state or government. The campaign message contains the ideas that the candidate wants to share with the voters, with the aim of attracting supporters who agree with their ideas.

The FEC enforces regulations on campaign advertising and disclaimers. For example, the rates charged by newspapers and magazines for campaign advertising must be comparable to those charged for non-campaign advertisements. The Federal Communications Commission (FCC) regulates the rates charged for radio and television advertisements. Additionally, the FEC requires disclaimers for certain types of campaign communications, such as print, television, radio, and internet advertisements. These disclaimers must include information such as who paid for the advertisement, with specific wording, such as "Paid for by the [name of committee]."

The Supreme Court has also played a significant role in regulating campaign practices. Several rulings have addressed when campaign regulations violate First Amendment rights of free speech and when the government has a compelling interest in limiting such speech to prevent corruption. For instance, in Valeo (1976), the Supreme Court upheld contribution limits while striking down expenditure limits due to their association with free speech concerns. Similarly, in Federal Election Commission v. Cruz (2022), the Court ruled in favour of a challenge to a restriction on repaying personal loans with post-election contributions, citing limitations on political speech.

In addition to the FEC and the courts, other entities influence campaign communication and advertising practices. Political consultants advise campaigns on various activities, including research and strategy development. Campaign managers work with marketing managers to create, execute, and monitor the performance of marketing campaigns, ensuring they achieve their objectives. Volunteers and interns are also crucial, engaging in activities such as canvassing door-to-door and making phone calls on behalf of the campaign.

While this information primarily focuses on the United States, it is worth noting that other countries, such as Australia, have their own guidelines for information and advertising campaigns. These guidelines provide a framework for the conduct of publicly funded campaigns by non-corporate Commonwealth entities.

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Campaign staff and volunteers

The campaign manager plays a pivotal role, coordinating the overall campaign efforts and ensuring that the campaign remains focused and effective. They collaborate closely with the marketing manager to create, execute, and monitor the performance of marketing campaigns, ensuring that sales targets are met. In smaller, local campaigns, the campaign manager may be the only paid staff member, overseeing all aspects of the campaign that are not handled by the candidate or volunteers.

Political consultants are often part of the campaign staff as well, providing valuable advice and assistance. They conduct extensive research on candidates, voters, and opposition, offering insights that shape the campaign's strategy. Researchers, who fall under the communications department in smaller campaigns, provide similar support by uncovering information on issues and candidates' backgrounds, including any potential scandals.

The campaign's structure is crucial to its success, with department directors coordinating specific aspects of the campaign. These directors may have deputies, and in some cases, an executive chairman is appointed to advise on internal matters and campaign staff appointments. Larger campaigns often feature coordinators within each department, specializing in functions like direct mail fundraising.

Volunteers and interns form the foundation of the campaign structure, taking on essential tasks such as addressing envelopes, entering data, and canvassing voters. They promote the campaign's message by going door-to-door and making phone calls, acting as passionate advocates for the cause. Volunteers and interns provide invaluable support, contributing to the campaign's success through their dedication and grassroots efforts.

Campaign calls, texts, and robocalls

During an election season, there is usually an increase in calls and texts from political campaigns. While these campaign calls and texts are exempt from the National Do Not Call Registry requirements, they must follow the rules of the Telephone Consumer Protection Act (TCPA).

Political campaigns are allowed to make autodialed or prerecorded voice calls to landline phones without the prior express consent of the recipient. However, such calls to mobile phones, pagers, or other wireless devices are prohibited without the prior express consent of the called party. The same restrictions apply to protected lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities. For calls and texts that require consent, the caller must honor the called party's request to revoke consent at any time and in any reasonable manner.

Political robocalls made to residential landline phones without the prior consent of the called party are limited to no more than three calls within any consecutive 30-day period.

If you think you have received a political robocall or text that does not comply with the FCC's rules, you can file an informal complaint with the FCC at fcc.gov/complaints. You can also report the sender by forwarding the texts to 7726 (or "SPAM"). Campaigns should honor opt-out requests if you reply "STOP."

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