Election, Campaign, and Political Law
Political freedom and the right to vote are fundamental aspects of our country. It is important to protect the integrity of the voting process. There are federal laws to protect voting rights. This includes preventing election fraud and ensuring campaign finance transparency.
This provides an overview of election campaigns and federal election finance laws. For more information about election and campaign laws, contact an attorney near you who focuses on this area of the law.
What Are Election and Campaign Laws?
Americans choose many political office holders through an election, including state governors, U.S. senators, and the president. Political candidates campaign to get support from the electorate. Candidates should get support based on their ideas and issues voters care about. However, campaigns can be subject to outside influence.
What Is the Federal Election Campaign Act?
The Federal Election Campaign Act of 1971 (FECA) regulates federal political campaign fundraising and election spending. The FECA was later amended to create the Federal Election Commission (FEC). The FEC is an independent agency that regulates and enforces campaign finance laws and regulations. This federal agency helps preserve the integrity of our federal election process.
The FECA regulates campaign spending in federal government elections. This includes:
- Limiting campaign communications and spending
- Providing criminal penalties for FEC violations
- Mandatory disclosure requirements
Is Political Campaign Speech Protected Free Speech?
Political campaigns have free speech rights protected by the First Amendment to the U.S. Constitution. Generally, candidates and their campaign teams are not allowed to make false or misleading statements to voters. State law may have even more specific protections like:
- Prohibiting candidates from fraudulent misrepresentation
- Requiring written consent for endorsements
- Disclosures in campaign materials and political ads
- Banning the word “reelect” from ads if the candidate is not the incumbent or up for reelection
Federal Campaign Financing Laws
Campaigns are expensive. According to the FEC, the 2020 election was the most expensive campaign season ever. Political action committees raised more than $13 billion in 2020. The 2024 campaign will likely push spending even higher.
Campaigns need to raise a lot of money leading up to Election Day. There are federal regulations guiding campaign contributions and how campaigns spend funds. These legal safeguards are in place to:
- Deter campaign fraud
- Create more transparency for voters
- Prevent donors from attempting to control or bribe politicians
- Prohibit other illegal activities
- Restrict foreign government influence
Violating a campaign finance law could lead to criminal charges. You should understand how these regulations, along with state laws and regulations, may affect your campaign for a local government office. It also provides guidance for holding candidates accountable for election law violations.
Who Regulates Federal Campaign Finance Violations?
The FEC investigates and prosecutes campaign fraud in federal court. The FEC also publishes reports showing how campaigns are raising and spending money. This helps promote transparency and prevent corruption.
Campaigns must disclose certain campaign donations. Campaigns must record individual and corporate donors who give over a certain amount. This includes the name, address, date, amount, and reason for the payment. However, there are a number of exceptions to reporting requirements.
One exception does not require disclosure if a subcontractor isn’t working under the campaign’s control. Campaigns claim the payments are to subcontractors controlled by vendors, like consulting firms. In reality, the campaign controls the subcontractor and uses the vendor to disguise the campaign fund use.
Who Can Vote in US Elections?
Federal elections involve voting for federal office candidates. This includes members of Congress (Senate and House of Representatives) and for presidential elections. Eligibility to vote in a federal election requires:
- You are 18 years old or older (some states allow you to register to vote at 16 or 17 years old if you will be 18 years old prior to the election)
- You are a U.S. citizen by birth or naturalization
- You are legally registered to vote in your state or territory
Each state has its own laws controlling elections and voter registration. Contact your local election office about registration, polling places, and photo ID requirements.
Federal Laws Protecting Voting Rights
State laws must comply with the Help America Vote Act (HAVA) to receive federal funding for elections. HAVA has minimum requirements for registration and voter identification procedures.
The National Voter Registration Act of 1993 has additional requirements for registering eligible voters. The Voting Rights Act of 1965 prohibits racial discrimination in voting. This prohibits discriminatory practices like poll taxes. This includes prohibited discriminatory redistricting plans.
Additionally, each state has its own rules regarding absentee ballots and early voting to prevent disenfranchisement.
Help From a Campaigns and Election Attorney
A political campaign for federal, state, or local office is a complex undertaking with endless forms and disclosures. Violations of the electoral process include mail ballot fraud, voter intimidation, and spreading false information about voter ID requirements. If you witness election law violations, report them to your local election officials. For questions about complying with the law while running a campaign, contact a campaign and elections attorney.