Public Funding for Political Candidates

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Early Experiences of Two States That Offer Full Public Funding for Political Candidates

Highlights of GAO-03-453, a report to Congressional Committees  -   May 2003

In 2000 and 2002, Maine and Arizona held the nation’s first elections under voluntary programs that offered full state funding for political candidates who ran for legislative and certain statewide offices. The goals of these programs, passed as ballot initiatives by citizens in these states, included increasing electoral competition and curbing increases in the cost of campaigns.

Congress has considered legislation for public financing of congressional elections nearly every session since 1956, although no law has been enacted. In the Bipartisan Campaign Reform Act (P.L. 107-155 (2002)), Congress mandated that GAO study the results of the unique public financing programs in Maine and Arizona.

For the 2000 and 2002 elections in Maine and Arizona, this report provides:

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Statistics on the number of candidates who chose to campaign with public funds and the number who were elected.

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• Observations, based on limited data, regarding the extent to which the goals of the public funding programs were met.

www.gao.gov/cgi-bin/getrpt?GAO-03-453 To view the full product, including the scope and methodology, click on the link above. For more information.

In both Maine and Arizona, the number of legislative candidates who chose to use public financing for their campaigns increased greatly from 2000 to 2002.  59 percent of Maine’s and 36 percent of Arizona’s current legislators successfully ran as publicly financed candidates in the 2002 election. Also, in Arizona’s 2002 election, publicly financed candidates won seven of the nine available seats in races for statewide offices, including Governor.

In comparing the 2000 and 2002 elections to those in 1996 and 1998, GAO’s findings regarding changes in electoral competition were inconclusive. Various measures—contested races (more than one candidate per race), incumbent reelection rates, and incumbent victory margins—reflect mixed results. Also, these results may have been affected by term limits, redistricting, and other factors.

Average legislative candidate spending decreased in Maine but increased in Arizona in 2000 and 2002, compared to previous years. Further, particularly in 2002, both states experienced increases in independent expenditures—a type of campaign spending whereby political action committees or other groups expressly support or oppose a candidate. The extent of spending for public policy messages without explicit election advocacy is not known.

In sum, with only two elections from which to observe legislative races and only one election from which to observe most statewide races, it is too early to draw causal linkages to changes, if any, that resulted from the public financing programs in the two states.

For the latest in Public Financing in the States go to
http://www.commoncause.org/states/CFR-financing.htm

Fourteen states provide direct public financing to candidates. An additional ten states provide minimal public financing to candidates and/or political parties, generally funded through taxpayer contributions to political parties through their tax returns (add-ons*).

Who is eligible for public financing?

Gubernatorial candidates: Kentucky, Maryland, Michigan, New Jersey, Vermont
Statewide office candidates: Florida, Rhode Island
Statewide & legislative candidates: Arizona, Hawaii, Maine, Massachusetts, Minnesota, Nebraska, Wisconsin
Political party designated by taxpayer: Alabama, Arizona, Idaho, Iowa, Kentucky, Maine, New Mexico, North Carolina, Rhode Island, Utah, Virginia
Political party (according to distribution formula): California, Indiana, Ohio

What is the source of the public funds?

Tax check-off: Hawaii, Idaho, Iowa, Kentucky, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Ohio, Rhode Island, Utah, Wisconsin
Tax add-on : Alabama, Arizona, California, Florida, Maine, Maryland, Nebraska, North Carolina, Vermont, Virginia
Appropriations: Florida, Hawaii, Kentucky, Minnesota, Nebraska, New Jersey, Rhode Island
Other Sources: Arizona, Florida, Hawaii, Indiana, Vermont

Brief Summaries of State Public Financing Laws

Fourteen states provide public financing directly to candidates, but the laws differ as to how funding is provided and to which candidates. Following are brief summaries of the public funding systems in those states and links to the enforcement agency and the text of the statute.

*Arizona
bullet Text of law
bullet Enforcement agency

In November 1998, Arizona voters passed the Arizona Clean Elections Act, which provides full public funding for statewide and legislative candidates who meet a threshold requirement to raise a certain number of $5 contributions from voters. The public funds come from a variety of sources, including a tax checkoff, voluntary contributions and a surcharge on civil and criminal penalties.

*

Florida
bullet Text of law
bullet Enforcement agency

Under Florida law, candidates for governor and other statewide offices who raise a threshold amount of money and agree to spending limits are eligible for public matching funds. Contributions of $250 or less from individuals are matched 1-to-1 with public funds. Also, if a candidate exceeds the voluntary spending limit, their opponent is eligible to receive additional public funds equal to the amount by which the limit has been exceeded.

*

Hawaii
bullet Text of law
bullet Enforcement agency

Hawaii's public financing system provides funding to all candidates who agree to a voluntary spending limit. Candidates are provided with public funds equaling 20 percent or 30 percent of the spending limit, depending on the office. The source of the funding is general appropriations and an income tax checkoff.

*

Kentucky
bullet Text of law
bullet Enforcement agency

Under Kentucky law, gubernatorial candidates who agree to spending limits are eligible for public matching funds once they have raised amount in private contributions of $500 or less. After reaching the qualifying threshold, candidates receive $2 in public funds for every $1 in private funds.

*

Maine
bullet Text of law [pdf]
bullet Enforcement agency

In November 1996, voters in Maine approved a ballot initiative, the Maine Clean Election Act, establishing a system of public financing and voluntary spending limits for all state offices. Candidates who raise a threshold number of small contributions from registered voters in their district and agree not to raise any more private money qualify for a fixed amount of public financing for their campaign.

*

Maryland
bullet Text of law
bullet Enforcement agency

Maryland's public financing system provides matching funds (1:1 match) for candidates for governor and lieutenant governor in the primary and general elections. The source of the funds are contributions from taxpayers (add-on) and revenue from fines related to the public financing law.

*

Massachusetts
bullet Text of law
bullet Enforcement agency

In November 1998, Massachusetts voters passed an initiative providing a fixed amount of public funding to candidates who: (1) raised threshold number of $5 to $100 contributions from voters in their district, (2) refused contributions in excess of $100 and (3) abided by an aggregate limit on private contributions. The ratio of public-to-private money for participating candidate would be about 80-to-20. The bill also would prohibit national parties from transferring soft money into the states and would require candidates to file campaign finance reports electronically.

*

Michigan
bullet Text of law [pdf]
bullet Enforcement agency

Enacted in the 1970s, Michigan's public financing system provides gubernatorial candidates who agree to a spending limit with a flat grant for the general election and a 2:1 match for small contributions (under $100) in the primary.

*

Minnesota
bullet Text of law
bullet Enforcement agency

Minnesota's public financing system was enacted in the 1970s and significantly reformed in 1993. It was the first state to provide public financing for both legislative and gubernatorial candidates and is generally considered one of the most successful campaign finance systems in the country. Candidates who agree to a spending limit receive public funding equal to 50% of the limit. Public funds come from a tax checkoff that allows taxpayers to direct those funds to a qualified political party and from an annual appropriation. In addition, a unique program allows anyone contributing up to $50 to a party receives a refund from the state.

*

Nebraska
bullet Text of law
bullet Enforcement agency

Nebraska passed a unique public financing law in 1992. The system provides public funds to legislative candidates who agree to a voluntary spending limit and whose opponent exceeds the spending limit. If sufficient funds are available, statewide candidates may also receive public funds. The source of the funds are primarily an appropriation and contributions by taxpayers from tax refunds.

*

New Jersey
bullet Text of law
bullet Enforcement agency

New Jersey's public financing law was enacted in the 1970s. It provides 2:1 matching funds for both the primary and general elections to candidates who agree to spending limits. The system is funded by an income tax checkoff.

*

Rhode Island
bullet Text of law
bullet Enforcement agency

Under Rhode Island law, candidates for statewide office who raise a threshold amount of money and agree to spending limits are eligible for public matching funds. Candidates are eligible for 2-to-1 public matching grants for contributions of $500 or less and a 1-to-1 match for contributions in excess of $500.

*

Vermont
bullet Text of law
bullet Enforcement agency

In 1997, the Vermont legislature passed a public financing bill that provides a fixed amount of public financing to candidates for governor and lieutenant governor who raise a threshold number of small contributions and agree not to raise any more private money. In a challenge to the U.S. Supreme Court's 1976 Buckley v. Valeo, the bill also imposes mandatory spending limits on all state and local candidates. The primary source of funding is voluntary contributions of taxpayer refunds; other sources are an appropriation and the revenue from some fees and penalties.

*

Wisconsin
bullet Text of law
bullet Enforcement agency

Wisconsin enacted its partial public financing system in the 1970s. It provides matching funds to statewide and legislative candidates. The system is funded by a tax checkoff. In recent years, the system has been damaged by a decline in the amount of funds generated by the checkoff and growing spending on independent expenditures and sham "issue ads."

updated July 1999

A "tax add-on" gives taxpayers the option of reducing their tax refund or increasing their tax payment in order to fund a public financing program. State tax add-ons have not generated significant amounts of money.

A "tax check-off" allows taxpayers to earmark a small portion of their taxes (usually $1 to $5) for distribution to candidates or political parties. A check-off does not increase the individual taxpayers' tax liability.

   
     

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Last modified: Sunday August 22, 2004.