CHAPTER 8

The Rules of the Game

We have in the U.S. regularly scheduled elections that are scheduled for predetermined times (unlike many other countries)

We have fixed, staggered, and sometimes limited terms-- the length of service is fixed for all offices- Senator terms are staggered (1/3 up every two years)- some positions can be run for only a certain # of times(like the Pres.)

Term Limits

- the 22nd Amendment limits the President to two terms (or max 10 years).

- a politician that is currently serving but can’trun again is called a ‘lame duck’ because hisability to bestow favors/influence is ending.

- states can impose term limits on their legislators but not on their federal legislators that go to Washington.

Why a two-party system?->THE ELECTORAL SYSTEM…

Winner-Take-All- an election system in which the candidate with the most votes wins (there is NO second place)

usually just a plurality necessary to win, not a majority (majority = more than 50%)

Single-member districts- a district in which voters chose only 1 representative

When winner-take-all and single member districts are combined it becomes very difficult for minor parties to win (unlike proportional representation)

Running for Congress Most congressional races are NOT even close House incumbents (officeholders) win 95% of the

time!!! Senate races are a little more competitive Presidential popularity can affect races as the coattail

effect may help members of the same party “ride on the coattails of the President”

House of Representatives-> all seats are up for grabs every 2 years-> seldom are incumbents challenged in primaries of their own party-> seldom do challengers face opposition in primaries of their own party-> often candidates go unopposed…reelection rate OVER 90%

Mounting a Primary Campaign- Start raising hundreds of thousands of dollars or more (less expensive than

Senate race)- Parties shy away from giving in primaries- Money needed to hire campaign managers and technicians, buy t.v. ads, conduct

polls as well as other activities- Build a personal organization to get help and most importantly try to gain

visibility (news spots, door-to-door, handshaking and courting segments of voters)

Campaigning for General Election candidate appeal- elections tend to focus on personal attributes National tide- the inclination to focus on national issues instead

of local. Name recognition- incumbents names are familiar and

recognizable which gives them a major advantage

The Senate-> 1/3 seats are up for grabs every 2 years-> seats much more competitive than House since more power and higher profile-> Senate races are more expensive-> reelection rate OVER 75%

Mounting a Primary Campaign- Start raising hundreds of thousands of dollars or more (more expensive than

House race)- Parties sometimes discourage multiple competitors in primaries to “clear the

field” for a preferred candidate- Money is needed to hire campaign managers and technicians, buy t.v. ads,

conduct polls as well as other activities- Build a personal organization to get help and most importantly try to gain

visibility (news spots, door-to-door, handshaking and courting segments of voters)

Campaigning for General Election candidate appeal- elections tend to focus on personal attributes National tide- the inclination to focus on national issues instead of local. Name recognition- incumbents have less advantage (than in House) because

competitors are often also widely known and covered.

Incumbency Advantage Why do the officeholders keep getting reelected at such

high rates? This is often referred to as a “permanent Congress?”

1. Name recognition “my name is Arnold Schwartzenegger”2. More media coverage “look who is on T.V., it’s Senator Joe Shmoe”3. Already have power to do things for constituents “bring home the pork”4. Franking privilege “free junk mail, paid for by taxpayers!”5. Already have $ connections “you scratch my back…”6. Gerrymandering “lets redraw district lines to favor me!”7. If no scandal, he/she is doing a good enough job “if it ain’t broke…”8. Perceived as having more experience “he knows the system”

Running for President

Stage 1- The Nomination

Presidential Primaries in each state Caucases in some Conventions for the two parties

Stage 2- The National Party Convention

The Party Platform The Vice Presidential Nominee The value of conventions Nomination by petition

Running for President cont….Stage 3- The General Election

Presidential debates Television and Radio Advertising The outcome

Road to the Presidency 2 year process, millions of dollars Step 1 - Deciding to announce

-ensure political & financial support, usually Congressman or governor, press conference announcement

Step 2 - Presidential primaries-traditionally Feb. in *New Hampshire 1st, other states hold primaries through June-voters/delegates pledge support -similar to electoral college, convention delegates instead of electors, many states have proportional representation -frontloading – early primaries are more important than later ones; early wins in primaries mean more support (more media attention, more donors)

Step 3 – The National Party Convention-Jackson & Dems had 1st nat’l convention; “grass roots”-Today primaries pick candidates, nat’l conv formally nominates-Nat’l conv: platform, unity, speeches, VP pick…pep rally for T.V.

Road to the Presidency Step 4 - Campaigning for the General Election

-2 candidates face off-most $ spent here; election experts-tone changes to appeal to middle of road voters-free T.V. time for debates (since 1960)

Issue: Candidates direct their campaigns at those who vote in large numbers…minorities? Young people?

Campaigning

Increased use of technology Television – short, paid advertisement “spots” packed

with soundbites, increases visibility and awareness of what candidate stand for (more effective, information packed) vs. news broadcast “visuals” (newsworthy actions, less effective)

Campaign debates – publicize candidate’s views but risky

1996-major networks agreed to make some free TV time to major party candidates, denying 3rd parties

Computer – sophisticated direct mailing campaigns

Important aspects of running a campaign

Becoming well-known (getting mentioned) Announce to media, travel making speeches, already have a famous

name, former governor, major law Raising $ and building an organization of personal

followers (limitations) Organization – staff of fundraisers, position advisers,

lawyers, accountants, volunteers Strategy

Incumbent defends record, challenger attacks the incumbent Two challengers = own programs, but White House party blamed Tone – positive build me up or negative attack Theme – repeated soundbites (compassionate conservatism)

Primaries Primaries resulted from Progressive Movement reforms

-more citizen control over political system (early 1900s)- they are used to select a party’s candidates for elective office- now people vote instead of the party organization choosing- only about 25% vote in primaries as opposed to 50% in general election- participants more partisan than general population - frontloading- earlier primaries more influential

(ex. Clinton, Edwards, and Obama for Democrats trying to be the Democratic nominee for president)

1. Closed primary -voters declare party BEFORE election day then vote for that party’s candidates…most states (deterrent for Independent voters; must be Republican or Democrat)

2. Open primary -voter decides which primary to choose as entering booth…few states use this method (handed either Republican or Democratic ballot)

3. Blanket (free-love) primary - voters may pick one candidate for each office without regard to party lines; for instance, a voter might select a Democratic candidate for governor and a Republican candidate for senator. The supreme Court has eliminated most of these declaring unconstitutional.

Iowa Caucus- first and impt.1. What you'll do is get up out of your seat and you'll go walk

to the corner or space by the wall designated for the candidate of your choice.

2. After this first step, party officials will determine if a candidate meets the 15 percent "threshold" requirement.

3. Supporters of candidates making up less than 15 percent can realign with a candidate that met the requirement.

4. Votes tallied and county delegates chosen to elect district and state delegates

-> it is like an old town meeting->Maine, Nevada, Wyoming, Alaska, Colorado, Kansas,

Nebraska, Washington, Guam, Virgin Islands (mostly less populated states/territories) use the caucus instead of a primary.

Reapportionment is the process of determining how many Congressional seats each state receives- to divide the 435 seats in the House of Representatives into the fifty states

Redistricting is the redrawing of districts within each state after each census.

Gerrymandering is the manipulation of the redistricting process for political gain-to favor one party over another.

The federal constraints that have been imposed on the redistricting process include:

A redistricting plan must create districts that are relatively equal in population A redistricting plan must not dilute the strength of minority voters A redistricting plan must not be a “racial gerrymander” A redistricting plan must take into account traditional redistricting criteria such as compactness, contiguity, and

respect for political subdivision lines and communities of interest

Malapportionment- unequal representation, is broad and systematic variation in the size of electoral districts resulting in disproportionate representation for a given voter.

Baker v. CarrBaker claimed that state of TN had not redistricted in several decades and the district he lived in grew substantially compared to the others.

->He claimed that was discriminatory and illegal under the Fourteenth Amendment. The US Supreme Court agreed, citing the doctrine of "One Man, One Vote”

Money in U.S. ElectionsEfforts at Reform:

1. The Federal Election Campaign Act (FECA) 1971--Limited advertising spending-Require disclosure of funds and spending-PACs to register and report to govt.

2. The Federal Election Commission (FEC) 1974--Additional amendments to control/regulate spending added to FECA-creation of Federal Election Commission to administer new laws, regulate elections and provide public campaign funding for pres. Primaries

3. FECA Amendment 1976 and 79- reaction to Buckley v. Valeo (1976) largely insignificant

4. The Bipartisan Campaign Reform Act (BCRA) 2002--Banned use of soft money-Independent issue ads stopped within 60 days of general election

Buckley v Valeo (1976)-

Supreme Court decided candidates can spend as much of their own $ on personal campaigns as a form of Free speech protected by 1st Amend.

Citizens United v FEC (2010)-Supreme Court determined corporate funding of independent political broadcasts incandidate elections cannot be limited under the First Amendment .

The Court struck down a provision of the Bipartisan Campaign Reform Act that prohibited all corporations, both for-profit and not-for-profit,and unions from broadcasting electioneeringcommunications.

Ways to funnel $$$ to campaignsHard money - $ given to a party, candidate or interest group that is

limited in amount and fully disclosed. Raising such funds is ‘harder.’

Soft money –unlimited funds by individuals, PACS or other groups given to political parties for “party building” activities used to indirectly help candidates (get out the vote drives, voter registration) but cannot back candidates by name.

527 groups – group organized to spend unlimited $ on election activities thru “issue advocacy” instead of candidate advocacy

Independent expenditures- is a political activity intended to assist or oppose a specific candidate for office which is made without their cooperation, approval, or direct knowledge. Most commonly, this takes the form of advertising. Often used by PACs and 527 groups.

Continuing Problems with Campaign Finance

Rising Costs of CampaignsDeclining CompetitionIncreasing dependence on PACsCandidates’ Personal WealthCorporation’s unlimited contributions

->Growth in Individual Contributions and the Use of the Internet to Fund Campaigns

The Electoral College

We elect our President and Vice President not by a national vote but by an indirect device known as the electoral college.

This system was devised because the framers didn’t trust the general public.

Each state legislature decides how to select its electors. These individuals are generally longtime loyal party workers. They are expected to vote for the party’s designated

candidate if their party wins the state. A “faithless elector” is a member who does not follow

this rule (they go against the choice of the people/party). Many states have laws to punish faithless electors. There have been few faithless electors in recent history.

Electoral College cont…

To win an election, a candidate must have a majority of the electoral votes (270 or more).

If there is no majority, then the vote goes to the Housewhere the top 3 contenders are voted upon- each state gets 1 vote.

If no candidate gets a majority of votes for Vice President, then the top 2 choices go to the Senate for a vote. Each Senator gets one vote.

Twice in our history the vote went to the House (Jefferson won over Burr 1800 and then John Quincy Adams over Andrew Jackson 1824)

Electoral College voters per state = # of reps + # of senatorsso you have 100 (Senators) + 435 (Reps) + 3 (D.C.)= 538 totalA majority to win is 270

*Nebraska and Maine are the only two states that are not winner-take-all (allocation by district winners)

How strong is your state?

What is your vote worth?