Elections in the United States
Encyclopedia
The United States has a federal government
, with elected officials at the federal (national), state and local levels. On a national level, the head of state
, the President
, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular vote of their state. All members of the federal legislature, the Congress
, are directly elected. There are many elected offices at the state level, each state having at least an elective governor
and legislature. There are also elected offices at the local level, in counties and cities. It is estimated that across the whole country, over one million offices are filled in every electoral cycle.
Both federal and state laws regulate elections. The United States Constitution
defines (to a basic extent) how federal elections are held, in Article One
and Article Two
and various amendments. State
law regulates most aspects of electoral law, including primaries, the eligibility of voters (beyond the basic constitutional definition), the running of each state's electoral college, and the running of state and local elections. The financing of elections has always been controversial, because private sources of finance make up substantial amounts of campaign contributions, especially in federal elections. Voluntary public funding for candidates willing to accept spending limits was introduced in 1974 for presidential primaries and elections. The Federal Elections Commission, created in 1975 by an amendment to the Federal Election Campaign Act
has the responsibility to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of U.S. presidential elections. The federal government has also been involved in attempts to increase voter turnout
, by measures such as the National Voter Registration Act of 1993
.
where the highest polling candidate is elected. In the case of the Presidential electoral college the highest polling party elects 100% of the number of positions allocated to that state. There is no legislative requirement that the successful candidate or party must obtain a majority (50% or more) of the vote. The number of seats allocated are not proportional to the overall vote. Further there is no requirement or threshold in the number or percentage of voter turnout which is often below 50% of the eligible voters.
, sex
or age for citizens eighteen years or older
. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility. Some states bar convicted criminals, especially felons
, from voting for a fixed period of time or indefinitely. The number of American adults who are currently or permanently ineligible to vote due to felony convictions is estimated to be 5.3 million. Some states also have legacy constitutional statements barring the "insane" or "idiots" from voting; such references are generally considered obsolete and are being considered for review or removal where they appear.
requires that citizens who wish to vote be registered. Some states allow citizens to register to vote on the same day of the election, see below. Traditionally, voters had to register at state offices to vote, but in the mid-1990s efforts were made by the federal government to make registering easier, in an attempt to increase turnout. The National Voter Registration Act of 1993
(the "Motor Voter" law) required state governments that receive certain types of federal funding to make the voter registration process easier by providing uniform registration services through drivers' license registration centers, disability centers, schools, libraries, and mail-in registration. States with same-day registration are exempt from Motor Voter; namely: Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming.
s. Absentee ballots are most commonly sent and received via the United States Postal Service
. Despite their name, absentee ballots are often requested and submitted in person. About half of all states and U.S. territories allow "no excuse absentee," where no reason is required to request an absentee ballot. Others require a valid reason, such as infirmity or travel, be given before a voter can participate using an absentee ballot. Some states, including California, and Washington allow citizens to apply for permanent absentee voter status, which will automatically receive an absentee ballot for each election. Typically a voter must request an absentee ballot before the election occurs.
A significant source of absentee ballots is the population of Americans living outside the United States. In 1986 Congress enacted the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA). UOCAVA requires that the states and territories allow members of the United States Uniformed Services and merchant marine, their family members, and United States citizens residing outside the United States to register and vote absentee in elections for Federal offices. Though many states had pre-existing statutes in place UOCAVA made it mandatory and nationally uniform. "Generally, all U.S. citizens 18 years or older who are or will be residing outside the United States during an election period are eligible to vote absentee in any election for Federal office. In addition, all members of the Uniformed Services, their family members and members of the Merchant Marine and their family members, who are U.S. citizens, may vote absentee in Federal, state and local elections." Absentee ballots from these voters can often be transmitted private delivery services, fax
, or email
.
, all ballots are delivered through the mail.
or DRE voting machine
s. Voting machine selection is typically done through a state's local election jurisdiction including counties, cities, and townships. Many of these local jurisdictions have changed their voting equipment since 2000 due to the passage of the Help America Vote Act
(HAVA), which allocated funds for the replacement of lever machine and punch card voting equipment.
of government, which means that the executive and legislature are elected separately. Article One of the United States Constitution requires that any election for the U.S. President must occur on a single day throughout the country; elections for Congressional offices, however, can be held at different times. Congressional and presidential elections
take place simultaneously every four years, and the intervening Congressional elections, which take place every two years, are called Midterm elections.
The constitution states that members of the United States House of Representatives
must be at least 25 years old, a citizen of the United States for at least seven years, and be a (legal) inhabitant of the state they represent. Senators must be at least 30 years old, a citizen of the United States for at least nine years, and be a (legal) inhabitant of the state they represent. The President must be at least 35 years old, a natural born citizen of the United States and a resident in the United States for at least fourteen years. It is the responsibility of state legislatures to regulate the qualifications for a candidate appearing on a ballot paper, although in order to get onto the ballot, a candidate must often collect a legally defined number of signatures.
of 1804, the runner-up in a Presidential election became the Vice President.
Electoral College votes are cast by individual states by a group of electors, each elector casts one electoral college vote. Until the Twenty-third Amendment to the United States Constitution
of 1961 the District of Columbia citizens did not have representation and/or electors in the electoral college. In modern times, with electors usually committed to vote for a party candidate in advance, electors that vote against the popular vote in their state are called faithless electors, and occurrences are rare. State law regulates how states cast their electoral college votes. In all states except Maine
and Nebraska
, the candidate that wins the most votes in the state receives all its electoral college votes (a "winner takes all" system). From 1969 in Maine, and from 1991 in Nebraska, two electoral votes are awarded based on the winner of the statewide election, and the rest (two in Maine, three in Nebraska) go to the highest vote-winner in each of the state's congressional districts.
Incumbent Presidents and challengers usually seek to have a "balanced ticket", so that the Presidential candidate and the Vice Presidential candidates have complementary political support and political roles, allowing them to do well among different constituencies. Usually, there is some kind of balance, for example geographical, ideological, or in terms of (especially federal) government experience. The nominated Vice Presidential candidate is called the "running mate". Although incumbent Presidents can be challenged in the primaries, none have lost their party's nomination in recent times (although Gerald Ford
in 1976 came close). The last incumbent President to not seek a second term was Lyndon B. Johnson
, who stepped down after serving the remainder of John F. Kennedy
's term and another full term (he was eligible for another term).
The electoral college has long been criticized, for several reasons. It has been criticized for being undemocratic compared to a direct system of election. Another criticism is that it creates inequality between voters in different states during the presidential election. Usually, only voters in swing states determine the outcome of the election and as a result, it is claimed that the vast majority of Americans, who live in non-competitive states, are largely ignored by political campaigns. If the electoral college were abolished and if the whole country were treated as one district for Presidential elections, then the result would not depend on crucial swing states. It also creates inequality in that the populations of very small states, which have a minimum of 3 Electoral college votes, are overrepresented compared with voters from larger states. For example, Wyoming has a population of 493,782 and 3 EC votes, 164,594 people per EC vote. California has a population of 33,871,648 and 55 EC votes, 615,848 people per EC vote. Abolishing the college and replacing it with a national direct system would also prevent a candidate from receiving fewer votes nationwide than their opponent, but still winning more electoral votes, which last occurred in the 2000 Presidential election
. Also, the electoral college discriminates against candidates who do not have support concentrated in several states. In 1992, Ross Perot
won 18.9% of the national vote, but received no electoral college votes. The electoral college would require a constitutional amendment
to be abolished, and since three-quarters of state legislatures would be required to ratify an amendment that would effectively redistribute voting power from many small states to numerically fewer large states, it is thought that an amendment would fail.
take place every two years. Congress has two chambers
.
The Senate
has 100 members, elected for a six year term in dual-seat constituencies (two from each state
), with one-third being renewed every two years. The group of the Senate seats that is up for election during a given year is known as a "class
"; the three classes are staggered so that only one of the three groups is renewed every two years. Until the Seventeenth Amendment to the United States Constitution
in 1913, Senators were elected by state legislatures, not the electorate of states.
The House of Representatives
has 435 members, elected for a two year term in single-seat constituencies. House of Representatives elections are held every two years on the first Tuesday after November 1 in even years. House elections are first-past-the-post
elections that elect a Representative from each of 435 House districts which cover the United States. Special House elections can occur between if a member dies or resigns during a term. The
delegates
of the territories of American Samoa
, District of Columbia, Guam
, the Northern Mariana Islands
, Puerto Rico
and the United States Virgin Islands
are also elected.
House elections occur every two years, correlated with presidential elections or halfway through a President's term. Typically, when a House election occurs in the same year as a presidential election, the party of the presidential winner will gain seats. On the other hand, there is a historical pattern that the incumbent president's party loses seats in elections that are held in the middle of a presidential term. This may be because the President's popularity has slipped since election, or because the President's popularity encouraged supporters to come out to vote for him in the presidential election, but these supporters are less likely to vote when the President is not up for election.
As the redistricting commissions of states are often partisan, districts are often drawn which benefit incumbents. An increasing trend has been for incumbents to have an overwhelming advantage in House elections, and since the 1994 election, an unusually low number of seats has changed hands in each election. Due to gerrymandering
, fewer than 10% of all House seats are contested in each election cycle. Over 90% of House members are reelected every two years, due to lack of electoral competition. Gerrymandering of the House, combined with the divisions inherent in the design of the Senate and of the Electoral College, result in a discrepancy between the percentage popular support for various political parties and the actual level of the parties' representation.
and lieutenant governor
are elected in all states, in some states on a joint ticket and in some states separately, some separately in different electoral cycles. The governors of the territories of American Samoa
, Guam
, the Northern Mariana Islands
, Puerto Rico
and the United States Virgin Islands
are also elected. In some states, executive positions such as Attorney General
and Secretary of State are also elected offices. All members of state legislatures and territorial jurisdiction legislatures are elected, state senators and state representatives/assembly members. Nebraska's legislature is unicameral, so only senators are elected. In some states, members of the state supreme court
and other members of the state judiciary are elected. Proposals to amend the state constitution are also placed on the ballot in some states.
As a matter of convenience and cost saving, elections for many of these state and local offices are held at the same time as either the federal presidential or midterm elections. There are a handful of states, however, that instead hold their elections during odd-numbered "off years
."
has never formally addressed the issue of political parties. The Founding Fathers
such as Alexander Hamilton
and James Madison
did not support domestic political faction
s at the time the Constitution was written. In addition, the first President of the United States
, George Washington
, was not a member of any political party at the time of his election or throughout his tenure as president. Furthermore, he hoped that political parties would not be formed, fearing conflict and stagnation. Nevertheless, the beginnings of the American two-party system
emerged from his immediate circle of advisers.
Thus, it is up to the candidate to decides under what party he/she should run, registers to run, pays the fees, etc. In the primary elections, the party organization stays neutral until one candidate has been elected. The platform of the party is written by the winning candidate (in presidential elections; in other elections no platform is involved). Each candidate has his or her own campaign, fund raising organisation, etc. The primary elections in the main parties is organized by the states, who also register the party affiliation of the voters (this also makes it easier to gerrymander the congressional districts). The party is thus little more than a campaign organization for the main elections.
However, elections in the United States often do become de facto national races between the political parties. In what is known as "presidential coattails
", candidates in presidential elections usually bring out supporters who then vote for his party's candidates for other offices. On the other hand, midterm elections are sometimes regarded as a referendum on the sitting president's and/or incumbent party's performance.
) is an argument against restrictions on campaign contributions, while allegations of corruption arising from unlimited contributions and the need for political equality are arguments for the other side. Private funds are a major source of finance, from individuals and organizations. The first attempt to regulate campaign finance by legislation was in 1867, but major legislation, with the intention to widely enforce, on campaign finance was not introduced until the 1970s.
Money contributed to campaigns can be classified into "hard money" and "soft money". Hard money is money contributed directly to a campaign, by an individual or organization. Soft money is money from an individual or organization not contributed to a campaign, but spent in candidate specific advertising or other efforts that benefits that candidate by groups supporting the candidate, but legally not coordinated by the official campaign.
The Federal Election Campaign Act
of 1971 required candidates to disclose sources of campaign contributions and campaign expenditure. It was amended in 1974 to legally limit campaign contributions. It banned direct contributing to campaigns by corporations and trade unions and limited individual donations to $1,000 per campaign. It introduced public funding for Presidential primaries and elections. The Act also placed limits of $5,000 per campaign on PACs (political action committee
s). The limits on individual contributions and prohibition of direct corporate or labor union campaigns led to a huge increase in the number of PACs. Today many labor unions and corporations have their own PACs, and over 4,000 in total exist. The 1974 amendment also specified a Federal Election Commission
, created in 1975 to administer and enforce campaign finance law. Various other provisions were also included, such as a ban on contributions or expenditures by foreign nationals (incorporated from the Foreign Agents Registration Act (FARA) (1966).
The case of Buckley v. Valeo
(1976) challenged the Act. Most provisions were upheld, but the court found that the mandatory spending limit imposed was unconstitutional, as was the limit placed on campaign spending from the candidate's personal fortune and the provision that limited independent expenditures by individuals and organizations supporting but not officially linked to a campaign. The effect of the first decision was to allow candidates such as Ross Perot
and Steve Forbes
to spend enormous amounts of their own money in their own campaigns. The effect of the second decision was to allow the culture of "soft money" to develop.
A 1979 amendment to the Federal Election Campaign Act allowed political parties to spend without limit on get-out-the-vote and voter registration activities conducted primarily for a presidential candidate. Later, they were permitted by FECA to use "soft money", unregulated, unlimited contributions to fund this effort. Increasingly, the money began to be spent on issue advertising, candidate specific advertising that was being funded mostly by soft money.
The Bipartisan Campaign Reform Act
of 2002 banned local and national parties from spending "soft money" and banned national party committees from accepting or spending soft money. It increased the limit of contributions by individuals from $1,000 to $2,000. It banned corporations or labor unions from funding issue advertising directly, and banned the use of corporate or labor money for advertisements that mention a federal candidate within 60 days of a general election or 30 days of a primary. The constitutionality of the bill was challenged and in December 2003, the Supreme Court
upheld most provisions of the legislation. (See McConnell v. FEC.)
A large number of "527 groups" were active for the first time in the 2004 election. These groups receive donations from individuals and groups and then spend the money on issue advocacy, such as the anti-Kerry ads by Swift Boat Veterans For Truth
. This is a new form of soft money, and not surprisingly it is controversial. Many 527 groups have close links with the Democratic or Republican Parties, even though legally they cannot coordinate their activities with them. John McCain, one of the Senators behind the Bipartisan Campaign Reform Act, and President Bush have both declared a desire to ban 527s.
Changing campaign finance laws is a highly controversial issue. Reformers wish to see laws changed in order to improve electoral competition and political equality. Opponents to reform wish to see the system stay as it is or with even fewer restrictions on the freedom to spend and contribute money. The Supreme Court has made it increasingly difficult for those who wish to regulate election financing, but options like partial public funding of campaigns are still possible and offer the potential to address reformers' concerns with minimal restrictions on the freedom to contribute.
s (abbreviated to primaries) and caucus
es on the states
, the District of Columbia
, Puerto Rico
, American Samoa
, Guam
, and the U.S. Virgin Islands.
A primary election is an election in which registered voters in a jurisdiction (nominating primary) select a political party
's candidate for a later election
. There are various types of primary: either the whole electorate is eligible, and voters choose one party's primary at the polling booth (an open primary), or only independent voters can choose a party's primary at the polling booth or only registered members of the party are allowed to vote (closed primary). The blanket primary
, when voters could vote for all parties' primaries on the same ballot was struck down by the United States Supreme Court as violating the First Amendment
guarantee of freedom of assembly
in the case California Democratic Party v. Jones
. Primaries are also used to select candidates at the state level, for example in gubernatorial elections.
Caucuses also nominate candidates by election, but they are very different from primaries. Caucuses are meetings that occur at precinct
s and involve discussion of each party's platform and issues such as voter turnout in addition to voting. Eleven states: Iowa
, New Mexico
, North Dakota
, Maine
, Nevada
, Hawaii
, Minnesota
, Kansas
, Alaska
, Wyoming
, Colorado
and the District of Columbia use caucuses.
The primary season (it refers to primaries and caucuses) in Presidential elections lasts from the Iowa caucus
in January to the last primary, which was the New Jersey primary and Montana primary on 8 June in 2004. Front-loading - when larger numbers of contests take place in the opening weeks of the season—can have an effect on the nomination process, potentially reducing the number of realistic candidates, as fund-raisers and donors quickly abandon those they see as untenable. However, it is not the case that the successful candidate is always the candidate that does the best in the early primaries. There is also a period dubbed the "invisible primary" that takes place before the primary season, when candidates attempt to solicit media coverage and funding well before the real primary season begins.
For elections of Presidential candidates, political conventions
are held in the summer. These conventions ratify the decisions made in the primaries and caucuses for the two major parties, and are used to select the candidate outright for some of the other political parties. In the past, these conventions were used to select the Presidential candidates for the two major parties as well, but that role has gradually receded.
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
, with elected officials at the federal (national), state and local levels. On a national level, the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular vote of their state. All members of the federal legislature, the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, are directly elected. There are many elected offices at the state level, each state having at least an elective governor
Governor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
and legislature. There are also elected offices at the local level, in counties and cities. It is estimated that across the whole country, over one million offices are filled in every electoral cycle.
Both federal and state laws regulate elections. The United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
defines (to a basic extent) how federal elections are held, in Article One
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
and Article Two
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
and various amendments. State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
law regulates most aspects of electoral law, including primaries, the eligibility of voters (beyond the basic constitutional definition), the running of each state's electoral college, and the running of state and local elections. The financing of elections has always been controversial, because private sources of finance make up substantial amounts of campaign contributions, especially in federal elections. Voluntary public funding for candidates willing to accept spending limits was introduced in 1974 for presidential primaries and elections. The Federal Elections Commission, created in 1975 by an amendment to the Federal Election Campaign Act
Federal Election Campaign Act
The Federal Election Campaign Act of 1971 is a United States federal law which increased disclosure of contributions for federal campaigns. It was amended in 1974 to place legal limits on the campaign contributions...
has the responsibility to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of U.S. presidential elections. The federal government has also been involved in attempts to increase voter turnout
Voter turnout
Voter turnout is the percentage of eligible voters who cast a ballot in an election . After increasing for many decades, there has been a trend of decreasing voter turnout in most established democracies since the 1960s...
, by measures such as the National Voter Registration Act of 1993
National Voter Registration Act of 1993
The National Voter Registration Act of 1993 , also known as The Motor Voter Act, was signed into effect by United States President Bill Clinton on May 20, 1993, however, compliance did not become mandatory until 1995...
.
Method
The method of voting is first-past-the-postFirst-past-the-post
First-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
where the highest polling candidate is elected. In the case of the Presidential electoral college the highest polling party elects 100% of the number of positions allocated to that state. There is no legislative requirement that the successful candidate or party must obtain a majority (50% or more) of the vote. The number of seats allocated are not proportional to the overall vote. Further there is no requirement or threshold in the number or percentage of voter turnout which is often below 50% of the eligible voters.
Eligibility
The eligibility of an individual for voting is set out in the constitution and also regulated at state level. The constitution states that suffrage cannot be denied on grounds of race or colorFifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
, sex
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....
or age for citizens eighteen years or older
Twenty-sixth Amendment to the United States Constitution
The Twenty-sixth Amendment to the United States Constitution limited the minimum voting age to no more than 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell...
. Beyond these basic qualifications, it is the responsibility of state legislatures to regulate voter eligibility. Some states bar convicted criminals, especially felons
Felony disenfranchisement
Felony disenfranchisement is the term used to describe the practice of prohibiting people from voting based on the fact that they have been convicted of a felony or other criminal offence...
, from voting for a fixed period of time or indefinitely. The number of American adults who are currently or permanently ineligible to vote due to felony convictions is estimated to be 5.3 million. Some states also have legacy constitutional statements barring the "insane" or "idiots" from voting; such references are generally considered obsolete and are being considered for review or removal where they appear.
Voter registration
Every state except North DakotaNorth Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
requires that citizens who wish to vote be registered. Some states allow citizens to register to vote on the same day of the election, see below. Traditionally, voters had to register at state offices to vote, but in the mid-1990s efforts were made by the federal government to make registering easier, in an attempt to increase turnout. The National Voter Registration Act of 1993
National Voter Registration Act of 1993
The National Voter Registration Act of 1993 , also known as The Motor Voter Act, was signed into effect by United States President Bill Clinton on May 20, 1993, however, compliance did not become mandatory until 1995...
(the "Motor Voter" law) required state governments that receive certain types of federal funding to make the voter registration process easier by providing uniform registration services through drivers' license registration centers, disability centers, schools, libraries, and mail-in registration. States with same-day registration are exempt from Motor Voter; namely: Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming.
Absentee voting
Voters unable or unwilling to vote at polling stations on Election Day can vote via absentee ballotAbsentee ballot
An absentee ballot is a vote cast by someone who is unable or unwilling to attend the official polling station. Numerous methods have been devised to facilitate this...
s. Absentee ballots are most commonly sent and received via the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
. Despite their name, absentee ballots are often requested and submitted in person. About half of all states and U.S. territories allow "no excuse absentee," where no reason is required to request an absentee ballot. Others require a valid reason, such as infirmity or travel, be given before a voter can participate using an absentee ballot. Some states, including California, and Washington allow citizens to apply for permanent absentee voter status, which will automatically receive an absentee ballot for each election. Typically a voter must request an absentee ballot before the election occurs.
A significant source of absentee ballots is the population of Americans living outside the United States. In 1986 Congress enacted the Uniformed and Overseas Citizens Absentee Voting Act
Uniformed and Overseas Citizens Absentee Voting Act
The Uniformed and Overseas Citizens Absentee Voting Act is a United States federal law dealing with elections and voting rights for United States citizens residing overseas. The act requires that all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, and the U.S. Virgin...
(UOCAVA). UOCAVA requires that the states and territories allow members of the United States Uniformed Services and merchant marine, their family members, and United States citizens residing outside the United States to register and vote absentee in elections for Federal offices. Though many states had pre-existing statutes in place UOCAVA made it mandatory and nationally uniform. "Generally, all U.S. citizens 18 years or older who are or will be residing outside the United States during an election period are eligible to vote absentee in any election for Federal office. In addition, all members of the Uniformed Services, their family members and members of the Merchant Marine and their family members, who are U.S. citizens, may vote absentee in Federal, state and local elections." Absentee ballots from these voters can often be transmitted private delivery services, fax
Fax
Fax , sometimes called telecopying, is the telephonic transmission of scanned printed material , normally to a telephone number connected to a printer or other output device...
, or email
Email
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
.
Mail ballots
Mail ballots are similar in many respects to an absentee ballot. However they are used for Mailing Precincts where on election day no polling place is opened for a specific precinct. In OregonOregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, all ballots are delivered through the mail.
Early voting
Early voting is a formal process where voters can cast their ballots prior to the official election day.Voting equipment
Voters casting their ballots in polling places record their votes most commonly with optical scan voting machinesOptical scan voting system
An optical scan voting system is an electronic voting system and uses an optical scanner to read marked paper ballots and tally the results.-History:...
or DRE voting machine
DRE voting machine
A direct-recording electronic voting machine records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter ; that processes data by means of a computer program; and that records voting data and ballot images in memory components...
s. Voting machine selection is typically done through a state's local election jurisdiction including counties, cities, and townships. Many of these local jurisdictions have changed their voting equipment since 2000 due to the passage of the Help America Vote Act
Help America Vote Act
The Help America Vote Act , or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. Drafted in reaction to the controversy surrounding the 2000 U.S...
(HAVA), which allocated funds for the replacement of lever machine and punch card voting equipment.
Levels of election
The United States has perhaps the most complicated electoral system in the world. Voters are asked to make more decisions and asked to do so more frequently than citizens of other democracies. This Byzantine electoral structure in the US does provide the greatest opportunity for input, but at a cost--by demanding so much of the public it means that many are overwhelmed by the complexity of the system and ultimately fail to vote.Federal elections
The United States has a presidential systemPresidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
of government, which means that the executive and legislature are elected separately. Article One of the United States Constitution requires that any election for the U.S. President must occur on a single day throughout the country; elections for Congressional offices, however, can be held at different times. Congressional and presidential elections
United States presidential election
Elections for President and Vice President of the United States are indirect elections in which voters cast ballots for a slate of electors of the U.S. Electoral College, who in turn directly elect the President and Vice President...
take place simultaneously every four years, and the intervening Congressional elections, which take place every two years, are called Midterm elections.
The constitution states that members of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
must be at least 25 years old, a citizen of the United States for at least seven years, and be a (legal) inhabitant of the state they represent. Senators must be at least 30 years old, a citizen of the United States for at least nine years, and be a (legal) inhabitant of the state they represent. The President must be at least 35 years old, a natural born citizen of the United States and a resident in the United States for at least fourteen years. It is the responsibility of state legislatures to regulate the qualifications for a candidate appearing on a ballot paper, although in order to get onto the ballot, a candidate must often collect a legally defined number of signatures.
Presidential elections
The President and the Vice President are elected together in a Presidential election. The election is indirect, the winner being determined by votes cast by electors of the Electoral College. In modern times, voters in each state select a slate of electors from a list of several slates designated by different parties or candidates, and the electors typically promise in advance to vote for the candidates of their party (whose names usually appear on the ballot rather than those of the individual electors). The winner of the election is the candidate with at least 270 Electoral College votes. It is possible for a candidate to win the electoral vote, and lose the (nationwide) popular vote (receive fewer votes nationwide than the second ranked candidate). Until the Twelfth Amendment to the United States ConstitutionTwelfth Amendment to the United States Constitution
The Twelfth Amendment to the United States Constitution provides the procedure for electing the President and Vice President. It replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned. Problems with the original procedure arose in...
of 1804, the runner-up in a Presidential election became the Vice President.
Electoral College votes are cast by individual states by a group of electors, each elector casts one electoral college vote. Until the Twenty-third Amendment to the United States Constitution
Twenty-third Amendment to the United States Constitution
The Twenty-third Amendment to the United States Constitution permits citizens in the District of Columbia to vote for Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961...
of 1961 the District of Columbia citizens did not have representation and/or electors in the electoral college. In modern times, with electors usually committed to vote for a party candidate in advance, electors that vote against the popular vote in their state are called faithless electors, and occurrences are rare. State law regulates how states cast their electoral college votes. In all states except Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
and Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, the candidate that wins the most votes in the state receives all its electoral college votes (a "winner takes all" system). From 1969 in Maine, and from 1991 in Nebraska, two electoral votes are awarded based on the winner of the statewide election, and the rest (two in Maine, three in Nebraska) go to the highest vote-winner in each of the state's congressional districts.
Incumbent Presidents and challengers usually seek to have a "balanced ticket", so that the Presidential candidate and the Vice Presidential candidates have complementary political support and political roles, allowing them to do well among different constituencies. Usually, there is some kind of balance, for example geographical, ideological, or in terms of (especially federal) government experience. The nominated Vice Presidential candidate is called the "running mate". Although incumbent Presidents can be challenged in the primaries, none have lost their party's nomination in recent times (although Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
in 1976 came close). The last incumbent President to not seek a second term was Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
, who stepped down after serving the remainder of John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
's term and another full term (he was eligible for another term).
The electoral college has long been criticized, for several reasons. It has been criticized for being undemocratic compared to a direct system of election. Another criticism is that it creates inequality between voters in different states during the presidential election. Usually, only voters in swing states determine the outcome of the election and as a result, it is claimed that the vast majority of Americans, who live in non-competitive states, are largely ignored by political campaigns. If the electoral college were abolished and if the whole country were treated as one district for Presidential elections, then the result would not depend on crucial swing states. It also creates inequality in that the populations of very small states, which have a minimum of 3 Electoral college votes, are overrepresented compared with voters from larger states. For example, Wyoming has a population of 493,782 and 3 EC votes, 164,594 people per EC vote. California has a population of 33,871,648 and 55 EC votes, 615,848 people per EC vote. Abolishing the college and replacing it with a national direct system would also prevent a candidate from receiving fewer votes nationwide than their opponent, but still winning more electoral votes, which last occurred in the 2000 Presidential election
United States presidential election, 2000
The United States presidential election of 2000 was a contest between Republican candidate George W. Bush, then-governor of Texas and son of former president George H. W. Bush , and Democratic candidate Al Gore, then-Vice President....
. Also, the electoral college discriminates against candidates who do not have support concentrated in several states. In 1992, Ross Perot
Ross Perot
Henry Ross Perot is a U.S. businessman best known for running for President of the United States in 1992 and 1996. Perot founded Electronic Data Systems in 1962, sold the company to General Motors in 1984, and founded Perot Systems in 1988...
won 18.9% of the national vote, but received no electoral college votes. The electoral college would require a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to be abolished, and since three-quarters of state legislatures would be required to ratify an amendment that would effectively redistribute voting power from many small states to numerically fewer large states, it is thought that an amendment would fail.
Congressional elections
Elections to CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
take place every two years. Congress has two chambers
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
.
Senate elections
The Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
has 100 members, elected for a six year term in dual-seat constituencies (two from each state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
), with one-third being renewed every two years. The group of the Senate seats that is up for election during a given year is known as a "class
Classes of United States Senators
The three classes of United States Senators are currently made up of 33 or 34 Senate seats. The purpose of the classes is to determine which Senate seats will be up for election in a given year. The three groups are staggered so that one of them is up for election every two years.A senator's...
"; the three classes are staggered so that only one of the three groups is renewed every two years. Until the Seventeenth Amendment to the United States Constitution
Seventeenth Amendment to the United States Constitution
The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
in 1913, Senators were elected by state legislatures, not the electorate of states.
House of Representatives elections
The House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
has 435 members, elected for a two year term in single-seat constituencies. House of Representatives elections are held every two years on the first Tuesday after November 1 in even years. House elections are first-past-the-post
First-past-the-post
First-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
elections that elect a Representative from each of 435 House districts which cover the United States. Special House elections can occur between if a member dies or resigns during a term. The
delegates
Delegate (United States Congress)
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member...
of the territories of American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, District of Columbia, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, the Northern Mariana Islands
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...
, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and the United States Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
are also elected.
House elections occur every two years, correlated with presidential elections or halfway through a President's term. Typically, when a House election occurs in the same year as a presidential election, the party of the presidential winner will gain seats. On the other hand, there is a historical pattern that the incumbent president's party loses seats in elections that are held in the middle of a presidential term. This may be because the President's popularity has slipped since election, or because the President's popularity encouraged supporters to come out to vote for him in the presidential election, but these supporters are less likely to vote when the President is not up for election.
As the redistricting commissions of states are often partisan, districts are often drawn which benefit incumbents. An increasing trend has been for incumbents to have an overwhelming advantage in House elections, and since the 1994 election, an unusually low number of seats has changed hands in each election. Due to gerrymandering
Gerrymandering
In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts...
, fewer than 10% of all House seats are contested in each election cycle. Over 90% of House members are reelected every two years, due to lack of electoral competition. Gerrymandering of the House, combined with the divisions inherent in the design of the Senate and of the Electoral College, result in a discrepancy between the percentage popular support for various political parties and the actual level of the parties' representation.
State elections
State law and state constitutions, controlled by state legislatures regulate elections at state level and local level. Various officials at state level are elected. Since the separation of powers applies to states as well as the federal government, state legislatures and the executive (the governor) are elected separately. GovernorsGovernor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
and lieutenant governor
Lieutenant governor (United States)
In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
are elected in all states, in some states on a joint ticket and in some states separately, some separately in different electoral cycles. The governors of the territories of American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, the Northern Mariana Islands
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...
, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and the United States Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
are also elected. In some states, executive positions such as Attorney General
State Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
and Secretary of State are also elected offices. All members of state legislatures and territorial jurisdiction legislatures are elected, state senators and state representatives/assembly members. Nebraska's legislature is unicameral, so only senators are elected. In some states, members of the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
and other members of the state judiciary are elected. Proposals to amend the state constitution are also placed on the ballot in some states.
As a matter of convenience and cost saving, elections for many of these state and local offices are held at the same time as either the federal presidential or midterm elections. There are a handful of states, however, that instead hold their elections during odd-numbered "off years
Off-year elections
Off-year elections refer to general elections in the United States that are held in odd-numbered years. These elections feature rarely any election to a federal office, few state legislative elections, and very few gubernatorial elections. Instead, the vast majority of these off-year elections are...
."
Local elections
At the local level, county and city government positions are usually filled by election, especially within the legislative branch. The extent to which offices in the executive or judicial branches are elected vary from county-to-county or city-to-city. Some examples of local elected positions include sheriffs at the county level and mayors and school board members at the city level. Like state elections, an election for a specific local office may be held at the same time as either the presidential, midterm, or off-year elections.Party systems
Americans vote for a specific candidate instead of directly selecting a particular political party. The United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
has never formally addressed the issue of political parties. The Founding Fathers
Founding Fathers of the United States
The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
such as Alexander Hamilton
Alexander Hamilton
Alexander Hamilton was a Founding Father, soldier, economist, political philosopher, one of America's first constitutional lawyers and the first United States Secretary of the Treasury...
and James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
did not support domestic political faction
Political faction
A political faction is a grouping of individuals, such as a political party, a trade union, or other group with a political purpose. A faction or political party may include fragmented sub-factions, “parties within a party," which may be referred to as power blocs, or voting blocs. The individuals...
s at the time the Constitution was written. In addition, the first President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
, was not a member of any political party at the time of his election or throughout his tenure as president. Furthermore, he hoped that political parties would not be formed, fearing conflict and stagnation. Nevertheless, the beginnings of the American two-party system
Two-party system
A two-party system is a system where two major political parties dominate voting in nearly all elections at every level of government and, as a result, all or nearly all elected offices are members of one of the two major parties...
emerged from his immediate circle of advisers.
Thus, it is up to the candidate to decides under what party he/she should run, registers to run, pays the fees, etc. In the primary elections, the party organization stays neutral until one candidate has been elected. The platform of the party is written by the winning candidate (in presidential elections; in other elections no platform is involved). Each candidate has his or her own campaign, fund raising organisation, etc. The primary elections in the main parties is organized by the states, who also register the party affiliation of the voters (this also makes it easier to gerrymander the congressional districts). The party is thus little more than a campaign organization for the main elections.
However, elections in the United States often do become de facto national races between the political parties. In what is known as "presidential coattails
Coattail effect
The coattail effect is the tendency for a popular political party leader to attract votes for other candidates of the same party in an election...
", candidates in presidential elections usually bring out supporters who then vote for his party's candidates for other offices. On the other hand, midterm elections are sometimes regarded as a referendum on the sitting president's and/or incumbent party's performance.
Ballot access
Ballot access refers to the laws which regulate under what conditions access is granted for a candidate or political party to appear on voters' ballots. Each State has its own ballot access laws to determine who may appear on ballots and who may not. According to Article I, Section 4, of the United States Constitution, the authority to regulate the time, place, and manner of federal elections is up to each State, unless Congress legislates otherwise. Depending on the office and the state, it may be possible for a voter to cast a write-in vote for a candidate whose name does not appear on the ballot, but it is extremely rare for such a candidate to win office.Campaign finance
The funding of electoral campaigns has always been a controversial issue in American politics. Infringement of free speech (First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
) is an argument against restrictions on campaign contributions, while allegations of corruption arising from unlimited contributions and the need for political equality are arguments for the other side. Private funds are a major source of finance, from individuals and organizations. The first attempt to regulate campaign finance by legislation was in 1867, but major legislation, with the intention to widely enforce, on campaign finance was not introduced until the 1970s.
Money contributed to campaigns can be classified into "hard money" and "soft money". Hard money is money contributed directly to a campaign, by an individual or organization. Soft money is money from an individual or organization not contributed to a campaign, but spent in candidate specific advertising or other efforts that benefits that candidate by groups supporting the candidate, but legally not coordinated by the official campaign.
The Federal Election Campaign Act
Federal Election Campaign Act
The Federal Election Campaign Act of 1971 is a United States federal law which increased disclosure of contributions for federal campaigns. It was amended in 1974 to place legal limits on the campaign contributions...
of 1971 required candidates to disclose sources of campaign contributions and campaign expenditure. It was amended in 1974 to legally limit campaign contributions. It banned direct contributing to campaigns by corporations and trade unions and limited individual donations to $1,000 per campaign. It introduced public funding for Presidential primaries and elections. The Act also placed limits of $5,000 per campaign on PACs (political action committee
Political action committee
In the United States, a political action committee, or PAC, is the name commonly given to a private group, regardless of size, organized to elect political candidates or to advance the outcome of a political issue or legislation. Legally, what constitutes a "PAC" for purposes of regulation is a...
s). The limits on individual contributions and prohibition of direct corporate or labor union campaigns led to a huge increase in the number of PACs. Today many labor unions and corporations have their own PACs, and over 4,000 in total exist. The 1974 amendment also specified a Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...
, created in 1975 to administer and enforce campaign finance law. Various other provisions were also included, such as a ban on contributions or expenditures by foreign nationals (incorporated from the Foreign Agents Registration Act (FARA) (1966).
The case of Buckley v. Valeo
Buckley v. Valeo
Buckley v. Valeo, 424 U.S. 1 , was a case in which the Supreme Court of the United States upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law...
(1976) challenged the Act. Most provisions were upheld, but the court found that the mandatory spending limit imposed was unconstitutional, as was the limit placed on campaign spending from the candidate's personal fortune and the provision that limited independent expenditures by individuals and organizations supporting but not officially linked to a campaign. The effect of the first decision was to allow candidates such as Ross Perot
Ross Perot
Henry Ross Perot is a U.S. businessman best known for running for President of the United States in 1992 and 1996. Perot founded Electronic Data Systems in 1962, sold the company to General Motors in 1984, and founded Perot Systems in 1988...
and Steve Forbes
Steve Forbes
Malcolm Stevenson "Steve" Forbes, Jr. is an American editor, publisher, and businessman. He is the editor-in-chief of business magazine Forbes as well as president and chief executive officer of its publisher, Forbes Inc. He was a Republican candidate in the U.S. Presidential primaries in 1996...
to spend enormous amounts of their own money in their own campaigns. The effect of the second decision was to allow the culture of "soft money" to develop.
A 1979 amendment to the Federal Election Campaign Act allowed political parties to spend without limit on get-out-the-vote and voter registration activities conducted primarily for a presidential candidate. Later, they were permitted by FECA to use "soft money", unregulated, unlimited contributions to fund this effort. Increasingly, the money began to be spent on issue advertising, candidate specific advertising that was being funded mostly by soft money.
The Bipartisan Campaign Reform Act
Bipartisan Campaign Reform Act
The Bipartisan Campaign Reform Act of 2002 is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of political campaigns. Its chief sponsors were Senators Russell Feingold and John McCain...
of 2002 banned local and national parties from spending "soft money" and banned national party committees from accepting or spending soft money. It increased the limit of contributions by individuals from $1,000 to $2,000. It banned corporations or labor unions from funding issue advertising directly, and banned the use of corporate or labor money for advertisements that mention a federal candidate within 60 days of a general election or 30 days of a primary. The constitutionality of the bill was challenged and in December 2003, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
upheld most provisions of the legislation. (See McConnell v. FEC.)
A large number of "527 groups" were active for the first time in the 2004 election. These groups receive donations from individuals and groups and then spend the money on issue advocacy, such as the anti-Kerry ads by Swift Boat Veterans For Truth
Swift Vets and POWs for Truth
Swift Vets and POWs for Truth, formerly known as the Swift Boat Veterans for Truth , was a political group of United States Swift boat veterans and former prisoners of war of the Vietnam War, formed during the 2004 presidential election campaign for the purpose of opposing John Kerry's candidacy...
. This is a new form of soft money, and not surprisingly it is controversial. Many 527 groups have close links with the Democratic or Republican Parties, even though legally they cannot coordinate their activities with them. John McCain, one of the Senators behind the Bipartisan Campaign Reform Act, and President Bush have both declared a desire to ban 527s.
Changing campaign finance laws is a highly controversial issue. Reformers wish to see laws changed in order to improve electoral competition and political equality. Opponents to reform wish to see the system stay as it is or with even fewer restrictions on the freedom to spend and contribute money. The Supreme Court has made it increasingly difficult for those who wish to regulate election financing, but options like partial public funding of campaigns are still possible and offer the potential to address reformers' concerns with minimal restrictions on the freedom to contribute.
Primaries and caucuses
In federal elections, candidates are chosen not by party officials, but by primary electionPrimary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
s (abbreviated to primaries) and caucus
Caucus
A caucus is a meeting of supporters or members of a political party or movement, especially in the United States and Canada. As the use of the term has been expanded the exact definition has come to vary among political cultures.-Origin of the term:...
es on the states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, and the U.S. Virgin Islands.
A primary election is an election in which registered voters in a jurisdiction (nominating primary) select a political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
's candidate for a later election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
. There are various types of primary: either the whole electorate is eligible, and voters choose one party's primary at the polling booth (an open primary), or only independent voters can choose a party's primary at the polling booth or only registered members of the party are allowed to vote (closed primary). The blanket primary
Blanket primary
The blanket primary is a system used for selecting political party candidates in a primary election in the USA. In a blanket 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...
, when voters could vote for all parties' primaries on the same ballot was struck down by the United States Supreme Court as violating the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
guarantee of freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
in the case California Democratic Party v. Jones
California Democratic Party v. Jones
California Democratic Party v. Jones, 530 U.S. 567 , was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.-Prior history:...
. Primaries are also used to select candidates at the state level, for example in gubernatorial elections.
Caucuses also nominate candidates by election, but they are very different from primaries. Caucuses are meetings that occur at precinct
Precinct
A precinct is a space enclosed by the walls or other boundaries of a particular place or building, or by an arbitrary and imaginary line drawn around it. The term has several different uses...
s and involve discussion of each party's platform and issues such as voter turnout in addition to voting. Eleven states: Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
and the District of Columbia use caucuses.
The primary season (it refers to primaries and caucuses) in Presidential elections lasts from the Iowa caucus
Iowa caucus
The Iowa caucuses are an electoral event in which residents of the U.S. state of Iowa meet in precinct caucuses in all of Iowa's 1784 precincts and elect delegates to the corresponding county conventions. There are 99 counties in Iowa and thus 99 conventions...
in January to the last primary, which was the New Jersey primary and Montana primary on 8 June in 2004. Front-loading - when larger numbers of contests take place in the opening weeks of the season—can have an effect on the nomination process, potentially reducing the number of realistic candidates, as fund-raisers and donors quickly abandon those they see as untenable. However, it is not the case that the successful candidate is always the candidate that does the best in the early primaries. There is also a period dubbed the "invisible primary" that takes place before the primary season, when candidates attempt to solicit media coverage and funding well before the real primary season begins.
For elections of Presidential candidates, political conventions
United States presidential nominating convention
A United States presidential nominating convention is a political convention held every four years in the United States by most of the political parties who will be fielding nominees in the upcoming U.S. presidential election...
are held in the summer. These conventions ratify the decisions made in the primaries and caucuses for the two major parties, and are used to select the candidate outright for some of the other political parties. In the past, these conventions were used to select the Presidential candidates for the two major parties as well, but that role has gradually receded.
See also
- List of elections in the United States
- Election Assistance CommissionElection Assistance CommissionThe Election Assistance Commission is an independent agency of the United States government created by the Help America Vote Act of 2002 . The Commission serves as a national clearinghouse and resource of information regarding election administration...
- Electoral calendar
- Electoral system
External links
- Electoral Compass
- USA Election Candidate Videos
- Campaign Law
- USA Elections
- FairVote.org
- Federal election results 1920-2008, US House Office of the Clerk
- A New Nation Votes: American Election Returns 1787-1824 For Votes cast in Federal, State and Local elections in the Early Republic.