Understanding Nominations in US Elections

1. Chapter 9 - Nominating Process and Campaign Elections The Importance of Nominations Important b/c US has a 2 party system which means 2 viable candidates. 5 WAYS NOMINATIONS CAN BE MADE: 1. Self-announcement - oldest way usually done in small towns & rural areas person announces running for office Today’s standards - WRITE-IN 2. The Caucus - group of like-minded people that meets to select the candidates will support in an upcoming election. were private meetings made by influential figures (political machines) caucuses still used to make local nominations but now open to all members of a party. **meeting of people who gather to make decisions of political courses of action Also elect delegates to national convention Replaced by convention 3. Convention party members meet in caucus and pick candidates and delegates delegates sent to convention more democratic than caucus

2. Chapter 9 - Nominating Process and Campaign Elections 5 WAYS NOMINATIONS CAN BE MADE: 4. Direct Primary - an election held within the party to pick the party’s candidates for the general election. A. Closed Primary - only declared party members can vote to decide which candidate the party will support. B. Open Primary - any qualified voter may vote to decide which candidate a party will support Public - voter makes public choice of party in order to vote in the primary Private - receive 2 ballots; in privacy of voting booth, each voter marks the ballot of the party in whose primary they choose to vote C. Runoff primary - (most states candidates need plurality to win nomination) Some states - MAJORITY is needed If no one wins MAJORITY - Runoff Primary Runoff primary = voters must choose between the two top vote-getters. D. Nonpartisan Primary - do not identify candidates by party affiliation. 5. Nomination by Petition Used at local level - this process is commonly used for nonpartisan posts. Election laws require that minor parties get certain number of signatures before they are put on the ballot.

3. Chapter 9 - Nominating Process and Campaign Elections Primary Election Depends on State Why? B/c NO RULE in Constitution for nominating candidates PRIMARY CREATED TO TAKE POWER OUT OF PARTY BOSSES 1968 - National convention took change with delegate procedures. Investigation b/c minorities not represented amongst delegates. McGovern - Fraser Commission - mandate no longer could party leaders handpick the convention delegates virtually in secret Had to be open Delegates usually worked on candidate’s campaign

4. Chapter 9 - Nominating Process and Campaign Elections PURPOSE: 1. Select delegates to convention AND/OR 2. Show voters preferences for pres candidates 3. Delegates are chosen as electors NOMINATING SESSION - JAN-JUNE SUPER TUESDAY - southern states created in 1988, moving their primaries all on the same day FRONT LOADING – recent tendency of states to hold primaries early in the calendar in order to capitalize media attention (party will penalize) CLOSED PRIMARY - Only declared party members can vote closed to all other OPEN PRIMARY - any qualified voter can take part. Choose party they wish to vote for. Independent - not affiliated with party Reformed party = Perot, Ventura

5. Chapter 9 - Nominating Process and Campaign Elections Caucus - Closed meeting of party members in each state. Delegates select the party’s choice for presidential candidate. Advantage – only hard core party faithful participate -cheaper than primary elections -brings early exposure to candidates and issues -still democratic b/c party members do vote Disadvantage – relatively undemocratic b/c independents excluded -small number choose state’s party nominee -campaigning in Iowa – 1st caucus – expensive

6. Chapter 9 - Nominating Process and Campaign Elections Primary – special election - voters select candidates to be the party’s nominee for President in general election. Advantage – more democratic – registered voters choose state’s delegates to the party convention -brings early exposure to candidates and issues Disadvantage – relatively expensive -voting public doesn’t pay attention or participate b/c so far from general election -voter turnout low

7. Chapter 9 - Nominating Process and Campaign Elections Closed Primary – voter’s may vote if they are registered members of that Party ex. OHIO Advantage – relatively democratic – voters from that party vote -prevents other party from trying to influence the election (ex Democrats can’t try to vote in the GOP primary for candidate most likely to lose general election) Disadvantage – completely shuts out independent voters - eliminates crossover voting - requires voters to declare their party affiliation when they register to vote

8. Chapter 9 - Nominating Process and Campaign Elections Open Primary – registered voter may vote in any party primary regardless of party affiliation Advantage – every registered voter can vote - most democratic method for choosing presidential nominees Disadvantage – political parties lose much of their control over who is nominated - opens doors for potential foul play from opposing party -voters who aren’t invested in political party get to select delegates from that state

9. Chapter 9 - Nominating Process and Campaign Elections In 1984 Democrats set aside 15% of delegate slots for public officeholders and party officials at conventions called = SUPERDELEGATES CAUCUSES Meeting of people who gather to make decisions on political courses of action Also elect delegates to national convention. Phased out - but some states still hold REPLACED BY CONVENTION (usually originate at local level - party bosses Mayor Daley - Chicago; Gov. Connally - TX) = Select who went and how voted used to be behind doors - criticized as unrepresentative Now caucuses opened to all voters who are registered with party - organized like pyramid 1. small neighborhood precinct - held 1st delegates chosen on basis of preference of candidates 2. county caucus 3. Congressional district caucuses delegates chosen to go...go to state convention....then delegates chosen...national convention

10. Chapter 9 - Nominating Process and Campaign Elections DELEGATES What is a delegate? Registered citizens chosen to represent their states at their political party’s conventions prior to the presidential election - Must cast their vote in favor of one candidate Who are the Delegates? -Often party activists, local political leaders, early supporters of a given candidate, loyal party member -Final list of delegates is made PUBLIC along with how they placed their vote How many Democratic Delegates? 2008 election - 4,048 Delegates at the DNC; Candidate needs 2,118 delegates’ votes (MAJORITY) to win presidential nomination

11. Chapter 9 - Nominating Process and Campaign Elections ex. PLEDGED DELEGATES - is elected or chosen on the state and local level with the understanding that they will support a particular candidate at the convention ***CANDIDATES are allowed on a state-by-state basis to review lists of delegates who have pledged their support and can delete anyone whose support they consider unreliable.*** At-Large Delegate (consist of all delegates elected state-wide to the national convention except for congressional district delegates - proportionally allocated) District Delegates (consists of delegates to the national convention are elected from each congressional district - based on district population; proportionally allocated) PLEOs =(Party Leaders and Elected Officials) Pledged Delegates ex. Mayor, state-wide officials, state legislative leaders, state party committee chairs, etc (proportionally allocated based on state-wide vote) UNPLEDGED PLEOs or SUPERDELEGATES - (825 = 2008 election) (not required to indicate a preference for a candidate) ex. Members of US Congress, Governors, National Committee members or party leaders - Former Presidents/ VP

12. Chapter 9 - Nominating Process and Campaign Elections Democratic Party uses PROPORTIONAL REPRESENTATION to decide how many PLEDGED delegates are awarded to each candidate. For instance, a candidate who wins 40% of the vote in a state’s primary would essentially win 40% of that state’s pledged delegates. A candidate has to receive at least 15% of the vote to get any PLEDGED delegates. If a candidate get 14% tough luck, they aren’t awarded any delegates. There is no official process to win superdelegates b/c they can vote for whomever they please.

13. Chapter 9 - Nominating Process and Campaign Elections REPUBLICAN DELEGATES TWO TYPES OF DELEGATES: PLEDGED AND UNPLEDGED Pledged Delegates - have to indicate support for a particular candidate at the convention. they are usually elected or chosen on the state and local level. Unpledged delegates - are not required to indicate a preference for a candidate A majority of Republican unpledged delegates are elected just like pledged delegates and are likely to be committed to a specific candidate. A sizable minority of unpledged delegates automatically become delegates by virtue of their status as either a party chair or a national party committee person. This group is known as unpledged RNC member delegates.

14. Chapter 9 - Nominating Process and Campaign Elections INDEPENDENTS Don’t receive delegates or hold national nominating convention 18 states don’t’ allow independents to vote in primaries at all OHIO DOES NOT ALLOW BUT CAN VOTE ON ISSUES

15. Chapter 9 - Nominating Process and Campaign Elections IOWA DEMOCRATIC CAUCUS - 1,784 precincts Must arrive at 6:30 p.m - door close at 7:00 p.m. There is NO ABSENTEE ballot Must register, show ID to enter into the gym (example) Preference group - go to candidates designated area Undecided group - stands in the middle Each group is counted and % support is calculated. Caucus officials determine which candidates are VIABLE: depending on the total number present Depending on amount of county delegates the viability threshold can be between 15% - 25% attendees. If under 15% those delegates must find another candidate or go back to undecided or leave

16. Chapter 9 - Nominating Process and Campaign Elections Participants try to persuade their neighbors to join their particular candidate or go around to each candidate area to see which are not viable After 30 minutes STOP Take another count - if all candidates viable - Delegates are assigned on the basis of their support (their group’s %) Delegates advance to county convention (2nd step process)

17. Chapter 9 - Nominating Process and Campaign Elections REPUBLICAN CAUCUS Must register, show ID to enter Take a seat and each person is given a blank piece of paper. They write the name of the candiate they want to vote for and place it in the bucket. Ballots are counted and depending how the state distributes delegates proceeed accordingly.

18. Chapter 9 - Nominating Process and Campaign Elections CONVENTION Held every 4 years to do 3 main things: 1. nominate Pres & VP candidates 2. determine rules that govern the party decisions 3. make decisions on party’s issues = PLATFORM Conventions are attended by DELEGATES Delegates = people elected or appointed to select a party’s candidates Number of delegates determined by state laws & party rules

19. Chapter 9 - Nominating Process and Campaign Elections CONVENTION STEPS 1. KEYNOTE SPEAKER - most important person Presents themes that the party will feature in the forthcoming presidential campaign. Also other influential party members will give speeches - Jesse Jackson, Edward Kennedy 1a. DELEGATES VOTE ON WHETHER TO ACCEPT THE PARTY’S PLATFORM 2. ADOPTION OF PARTY PLATFORM Biggest controversy Party’s position on current issues of the day Delegates vote on whether to adopt the party platform

20. Chapter 9 - Nominating Process and Campaign Elections 3. FLOOR DEMONSTRATIONS At one time demonstrations were spontaneous TODAY - party leaders have strict control length of floor demonstrations 4. STATE BY STATE ROLL CALL VOTE Each state’s party leader is called upon one at a time and announces how state’s votes will be distributed 5. President & Vice President candidates receive the majority of delegates votes and nomination 6. Election campaign underway. 7. American people vote 8. Electoral college votes

21. Chapter 9 - Nominating Process and Campaign Elections 3 things are needed to project the right image to the voters are: campaign organization, money, media attention. Campaign Spending Sources of Campaign Funding - private contributors and public treasury Regulating Campaign Finance- unlawful for any CORPORATION or NAT’L BANK or LABOR UNION/ORGANIZATION, FEDERAL GOV’T CONTRACTORS, OR FOREIGN NATIONALS to make a money contribution for federal office

22. Chapter 9 - Nominating Process and Campaign Elections In 1974, Congress passed the FEDERAL ELECTION CAMPAIGN ACT. It had two main goals: 1. tightening reporting requirements for contributions 2. Limiting overall expenditures. The ACT created the following amendments: CREATED FEC - Federal Election Commission- independent agency members (6 yr. term, appointed by president, confirm Senate. No more than 3 commissioners may belong to political party) set limits on campaign contributions and spending, disclosure of campaign finance data, and administer public funds for parts of the presidential election process; administer campaign finance laws

23. Chapter 9 - Nominating Process and Campaign Elections LAWS COMMISSION ENFORCES ARE: 1. Disclosure Requirements - campaign finance data must be reported to the FEC whether receiving federal funding or not. - (No person can give more $100 in CASH; any spending over $200 must be identified) Role of PAC - Political Action Committee - special interest group have major stake in public policy. 2 types of PAC: special interest = business associations, labor unions, professional grants; “segregated fund committee - raise money only from their members 2. “Unconnected committee” - raise money from public PAC can’t give more than $5,000 to 1 federal candidate in both the primary and general election. $15,000/yr political party

24. Chapter 9 - Nominating Process and Campaign Elections 2. Limits on Expenditures Laws made mostly for presidential election If candidate accepts federal support, they agree to limit expenditures to a certain amount by law. Primaries ex. Year 2000, $35 million in primaries given by federal gov’t as long as raised ½ money GW Bush did not accept federal funding for primaries...accepted for general election. Year 2008, $42 million in primaries given by federal gov’t as long as raised ½ money – expenditures Obama did not accept federal funding

25. Chapter 9 - Nominating Process and Campaign Elections General Election ex. Year 2000, $80 million given by federal gov’t and don’t have to raise money. GW Bush accepted for general election. Year 2008, $84 million given by federal gov’t and don’t have to raise money McCain accepted federal funding for general election Obama DID NOT accept federal funding for general election 3. Limits on Contributions no person may give more than $2,400 to a federal candidate or give more than $5,000/yr. to a PAC OR $30,400 to National Party Committee Person limited to contributions of federal candidates of $101,400 (2 year period)

26. Chapter 9 - Nominating Process and Campaign Elections 4. Public Funding of Presidential Campaigns - primaries and general election (if accept public funds) National Political Party Conventions Federal gov’t gives (in 2008) $16.8 million per political party to spend at convention. Must file reports with FEC. Primaries Presidential candidates who raise $5,000 on their own in at least 20 states ($100,000) can get individual contributions of up to $250 matched by the federal treasury.

27. Chapter 9 - Nominating Process and Campaign Elections General Election EACH CANDIDATE gets a fixed amount of money to cover all campaign expenses. All money is raised by taxpayers payment. Year 2008, $84 million dollars in public funds McCain accepted public funding Obama did not accept public funding = spent over $778 million Tax Payers (citizens) Each person who files income tax can give $3.00 of their tax payment ($3 TAX CHECKOFF) to the Presidential Election Campaign Fund. (last 5 years approx. 33 million taxpayers have checked yes)

28. Chapter 9 - Nominating Process and Campaign Elections Every 4 years, the federal gov’t distributes dollars from the Fund to: 1. qualified Presidential candidates who demonstrate broad national support 2. If accept money, general election nominees agree NOT to accept any private contributions (ex. from individuals , PACs) 3. Candidates must promise not to spend more than $50,000 of their own money on their campaign. Any unused funds must be returned to the US Treasury All money in the checkoff fund are used only for presidential elections Cost of administering program is covered under the FEC budget which is appropriated every year by Congress.

29. Chapter 9 - Nominating Process and Campaign Elections If money would run out, the law states that priority be given first to the party nominating conventions, then general elections, then primary election candidates. If funds insufficient for primary elections, the Treasury would provide only partial matching funds. LAW STATES MONIES USED FOR: 1. Preconvention Period-get public funding - raise $100,000 from individual must get in $5,000 of at least 20 states - individual donation are matched but must be at least $250 2. National Conventions - if party needs money get it automatically by grant to pay for convention 3. Presidential Campaign- receive public subsidy to cover costs of general election; minor party qualify if won, 5% of popular vote

30. Chapter 9 - Nominating Process and Campaign Elections cash contribution of more than $100 must be disclosed but no more than$200 cash any advertisements must carry name sponsoring them Money given for federal office made through single campaign committee only they can spend money any contribution more than $200 reported or spending must be reported with FEC any contribution of more than $5,000 reported to FEC within 48 hours. $1,000 or more received in last 20 days of campaign reported Individual committee or person spending more than $250.00 for candidate must file with FEC

31. Chapter 9 - Nominating Process and Campaign Elections 1976 case Buckley v. Valeo Senator James Buckley filed suit against Valeo, Secretary of the Senate and member of FEC who represented the US gov’t. SC struck down as a violation of free speech the portion of the law that had limited the amount individuals could contribute to their own campaigns. ex. Ross Perot spend over $60 million of own money Wall Street tycoon - John Corzine spend over $60 million to pursuit NJ Senate seat Another loophole - 1979 - SOFT MONEY - political contributions used for party building expenses such as: voter registration drives, vote drives, and distribution of campaign material at grass-roots level or for generic party advertising. NO CONTRIBUTION LIMITS. This includes PACs - can spend unlimited amounts of money INDIRECTLY

32. Chapter 9 - Nominating Process and Campaign Elections HARD MONEY - money raised and spent to elect candidates for Congress and White House 1938 - HATCH ACT - prohibited contributions to Federal candidates from Federal workers and Contractors and limited individual contributions to $5,000/yr. 1974 - FECA created and set limits and enforced campaign spending ($1,000 for individual contribution; $5,000/yr) 1976 - Buckley v. Valeo 2002 McCain-Feingold Act - to close soft money and electioneering communication - DID NOT BECOME LAW

33. Chapter 9 - Nominating Process and Campaign Elections 2002 Bipartisan Campaign Reform Act (BCRA) -( McCain - Feingold sponsors) - Banned soft money to political parties but other political groups can raise money. - Restrictions to “electioneering communication” - any broadcast, cable or satellite communication that clearly identifies candidate for federal office within 30 days of a primary and 60 days of a general election and paid for by an interest group (PAC) from their general fund 2003 - McConnell v. FEC - upheld the BCRA to prevent actual corruption; they said since PAC are free to engage in political speech, corporations and unions are not limited in their ability to speak but must do so through their PACs.

34. Chapter 9 - Nominating Process and Campaign Elections 2010 - Citizens United v. FEC - Corporations and unions are free to use their money to air political ads specifically calling for election or defeat of Federal and State candidate OR Ad referring to candidates during pre-election period but not specifically calling for election or defeat. - Speechnow.org case, PAC can spend money in general are allowed but no direct contributions to candidate or party.

35. Chapter 9 - Nominating Process and Campaign Elections GENERAL ELECTION 1st Tuesday after 1st Monday in November POPULAR VOTE - (plurality) - vote cast by general public arecast for slates of electorswho are pledged to the candidates for whom people wish to vote ELECTORAL COLLEGE Electors meet at State capitol Monday after 2nd Wednesday in December special body made up of people selected by each of the states which vote for President & Vice President Electors - members of electoral college casts 2 votes ; 1-Pres; 1 - Vice Pres Signed and sealed and sent by REGISTERED mail to President of Senate in DC (Presiding Officer/VP) Electoral College established by Founding Fathers as compromise between election of President by Congress and election by popular vote The Electoral college results of a compromise at the Constitutional Convention to keep election out of the hands of uneducated - = outdated need amendment.

36. Chapter 9 - Nominating Process and Campaign Elections Ohio has 18 electoral votes Technically: Elector could change mind for someone else b/c nothing in writing. State Law - have own methods to pick electors 538 electors - need 270 majority; 435 - H of R; 100 - Senate; 3 - District of Columbia - 23rd Amendment A majority of 270 votes required to elect President & Vice President pg. 344 Except for MAINE and NEBRASKA = District Plan 2 electors chosen from State, others picked in each state congressional district If no President candidate wins MAJORITY of ELECTORAL VOTES 12th Amendment = President election to be decided by H of R

37. Chapter 9 - Nominating Process and Campaign Elections House selects President by MAJORITY VOTE choosing from TOP 3 candidates who received the greatest number of votes. Vote would be taken BY STATE; Each STATE delegation having one vote (If state can’t decide - don’t vote) Constitution requires that a majority of 26 votes (states) cast (Twice vote taken to the H of R in 1800 and 1824) If fails to choose Pres on Jan 20 , 20th Amendment provides newly elected VP to act as Pres No VP or Pres===> Speaker of the House If NO Vice President wins MAJORITY VOTE by electoral college. Senate select VP by majority vote. Each Senator choosing from highest 2 candidates who received greatest number of votes. Each Senator has one vote. (Senate has not chosen a VP since 1836)

38. Chapter 9 - Nominating Process and Campaign Elections January 6 to conduct OFFICIAL TALLY of votes Congress meets Joint Session in H of R Congress has Vice President, presiding officer and 2 Tellers appointed to OPEN , PRESENT, and RECORD votes of States in Alphabetical order. The new president and vice president are sworn in at NOON on January 20. Pro the Electoral College The electoral system is a unifying force that requires candidates to gather support from different regions of the nation in order to win the presidency. The electoral system is democratic since it gives states with larger populations more voting power. The electoral system works to prevent victories by smaller lesser-known political parties (3rd parties), and works to prevent elections from being thrown into the House of Representatives.

39. Chapter 9 - Nominating Process and Campaign Elections Cons (Against) for the Electoral College The “Winner Take All” system means that a candidate can win the election by gathering the majority of electoral votes while losing the popular vote. Person who receives the most popular votes can lose the election. 2. There is nothing that mandates that the Electors have to be faithful to their party’s candidate, so Electors are not bound to the candidate for which the majority of citizens in their state voted. Several states have laws to force you to vote for your party but no one has enforced it Faithless elector have changed their vote in 1796, 1820, 1948, 1956, 1960, 1968, 1972, 1976, 1988 could end up with 269/269 straight to Congress. WVA elector voted for Lloyd Benson - President and Dukakis for VP 1968 - George Wallace - 46 Elector votes, Humphrey - 191 votes, Nixon - 301 3. House of Representatives could decide the presidency 4. The Electoral system gives the largest states more political power.

40. Chapter 9 - Nominating Process and Campaign Elections Reforms 1. DISTRICT PLAN - Maine/Nebraska 2 Chosen by each state by Statewide population vote and cast their electoral votes in line with the candidate winning the most districts statewide popular vote would result in receiving the two statewide electoral votes. Others elected in each congressional district The candidate that wins the most Votes by population vote in their district will get the electoral votes WOULD RID OF WINNER TAKE ALL Problem: Would not eliminate possibility that loser of popular vote could win Gerrymandering - drawing congressional lines to benefit responsibility of votes - pg. 138, 242 might be used

41. Chapter 9 - Nominating Process and Campaign Elections 2. PROPORTIONAL PLAN Candidate receives same share of Electoral College votes as popular vote Candidate won 40% in state with 20 electoral votes would get 8 EC votes Problem: Small states overweighted by 2 senators based electors Would make it possible for the loser of popular vote to win in EC Critics worry about 2 party system Increase in the number of third parties No longer need to win entire state to get electoral votes the odds of the election to go to H or R would increase Pg. 333 - Proportional Representation (Democrats enacted this for convention) Anyone receiving 15% of vote in primary get that number in State’s delegates ex. Bradley - 40% = 40 delegates Gore - 60% = 60 delegates Republicans - give states discretion ex. California - allocate Republican delegates to whoever win most votes Texas - award delegates to who win congressional district In 1984 Democrats set aside 15% of delegates slots for public officeholders and party officials at conventions called = SUPERDELEGATES

42. Chapter 9 - Nominating Process and Campaign Elections 3. DIRECT POPULAR VOTE Several obstacles for this to happen: 3 vetoes in amendment process: 1a. 1/3 +1 member can block the proposal of the amendment from either house (H of R 145+1) and (Senate 34 states) b. 1/4 +1 of state legislatures or conventions can defeat amendment once proposed. (34 states) (13 states) 2. Smaller states greatly over represented in EC. They would lose advantage in direct election so representatives would oppose a direct election. 3. Weaken federalism - states would lose their role in choice of a president Campaigning would be strenuous and financially and time consuming Others believe every vote cast in each state would count in the nat’l election the candidates would have to campaign strenuously in every State. Impact on campaign time, effort, and finance would be huge and unmanageable. 4. Other say is would cause voting fraud.

43. Chapter 9 - Nominating Process and Campaign Elections 4. NATIONAL BONUS PLAN 102 Electoral Votes would go Automatically to winner of popular vote If added to majority at least 321 WINNER -If they did not add up to this amount then a RUNOFF ELECTION between the 2 front runners in the popular vote would then be held. -If would do away with the electors and that their plan would guarantee that the winner of the popular vote would always be the winner of the electoral vote.