U.S. Supreme Court Upholds Key Provisions of
McCain-Feingold Bipartisan Campaign Reform Act of 2002
In a series of opinions issued December 10, 2003, the U.S. Supreme
Court has upheld the core provisions of McCain-Feingold, including
the ban on soft money for national and state parties when used for
federal elections, and the new restrictions on electioneering communications.
ICPR cheered the Court’s ruling as a major victory in the
on-going battle between the constituents and contributors for the
hearts and minds of elected officials. At the federal level, McCain-Feingold
will reduce the influence of big money donors and also encourage
parties and candidates to engage more small-money donors.
The Court’s ruling also bodes well for Illinois’ recently
enacted ethics reforms, which include new limits on electioneering
communications modeled on BCRA. It also points the way to ending
Illinois’ long reign as the wild west of campaign finance,
by suggesting how best to reform our campaign finance system.
Click here to download
a copy of the decision.
(2.2 Meg PDF - THIS IS A LARGE FILE)
Highlights of the decision include:
| Issue |
U.S. Supreme Court Finding |
| Banning National Parties’ Use of Unregulated Soft Money |
UPHELD |
| Banning State Parties Use of Unregulated Soft Money for Federal
Elections |
UPHELD |
| Baning Federal Officials from Soliciting Soft Money for Others
Who Run Issue Ads |
UPHELD |
| Requiring Disclosure of Sources of Funds for Issue Ads Released
Immediately Before Elections |
UPHELD |
| Requiring Use of Hard Money to Fund Issue Ads Release Immediately
Before Elections |
UPHELD |
| Prohibiting Coordination Between Federal Candidates and Soft
Money Expenditures |
UPHELD |
| Ban on Fundraising on Federal Property |
UPHELD |
Several reform organizations have issued statements on the ruling,
including:
Common
Cause: “The American people wanted this law, Congress
enacted it and now the Supreme Court has ruled it constitutional,”
said Common Cause President Chellie Pingree. “The toxic link
between donors who write six-figure checks and people in power at
the highest levels of government has been severed for good.”
Alliance
for Better Campaigns: "Today's ruling is a giant step forward,"
said Alliance for Better Campaigns President Meredith McGehee. "This
first step has opened the door for future reforms that open up our
political system and promote campaigns in which ideas matter more
than money."
Center for
Responsive Politics: “The bottom line is that this decision
leaves the campaign finance law much stronger than it was prior
to the enactment of McCain-Feingold. An era in which political parties
solicited six- and seven-figure contributions from corporations,
unions and wealthy individuals is over. Now, all eyes will turn
to the Federal Election Commission, which has the responsibility
to effectively enforce the law.”
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