Chapter 7: Voting and Elections
American National Government
PL-102
Instructor Walter Pearn
Chapter Objectives
1. Identify ways the U.S. government has promoted voter rights and registration.
2. Summarize similarities and differences in states’ voter registration methods.
3. Analyze ways states increase voter registration and decrease fraud.
4. Identify factors that motivate registered voters to vote.
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Chapter Objectives
5. Discuss circumstances that prevent citizens from voting.
6. Analyze reasons for low voter turnout in the United States.
7. Describe the stages in the election process.
8. Compare the primary and caucus systems
Chapter Objectives
9. Summarize how primary election returns lead to the nomination of the party candidates.
10.Compare campaign methods for elections.
11. Identify strategies campaign managers use to reach voters.
12. Analyze the factors that typically affect a voter’s decision.
Chapter Objectives
13. Identify the different forms of and reasons for direct democracy.
14. Summarize the steps needed to place initiatives on a ballot.
15. Explain why some policies are made by elected representatives and others by voters.
Registration
Registration is a procedure in which a person who wants to vote presents an election official with proof that he or she meets all the legal requirements for voting in the upcoming election.
The states maintain registration systems to prevent voter fraud.
Critics have argued that voter registration laws made it unnecessarily difficult to register, which consequently contributed to lower turnout.
The National Voter Registration Act, passed in 1993, made registration easier by allowing citizens to register to vote at the same time that they renew their automobile registration, and also requires that registration materials be available at various state offices.
New Jersey voter registration information: http://www.state.nj.us/state/elections/voting-information.html
To register in New Jersey, you must be:
A United States citizen.
At least 17 years old, though you may not vote until you have reached the age of 18.
A resident of the county for 30 days before the election.
A person not serving a sentence of incarceration as the result of a conviction of any indictable offense under the laws of this or another state or of the United States.
The registrant must complete a Voter Registration Application and/or Party Affiliation Form. Mail or deliver the Voter Registration Application and/or Party Affiliation Form to the County Commissioner of Registration or Superintendent of Elections for your county.
Nomination Procedures
In the United States, a number of procedures have been implemented to increase public participation in the process of selecting political candidates.
The earliest means of choosing candidates for public office was the legislative caucus.
In Congress and in the state legislatures, party caucuses met privately to decide who would represent their party on the ballot.
This process prevented parties who had no seats in the legislature from participating in the selection process.
Nomination Procedures
As a remedy, the mixed caucus was developed. Delegates from unrepresented districts were permitted to join the caucus to make nomination decisions.
Supporters of Andrew Jackson, realized a mixed caucus would not support him, criticized the process as undemocratic.
They supported the convention system, in which delegates who attend party conventions make decisions.
By 1832, the major parties had adopted the convention system.
Eventually, conventions became the method of selecting not only national representatives but state and local officials as well.
Nomination Procedures
In the early twentieth century, criticisms raised by the Progressive movement led to the replacement of conventions with the direct primary system to promote a more democratic method of candidate selection.
Under the direct primary system, party candidates and officials are selected by the voters in a primary election.
Some states require the use of a runoff primary when none of the candidates receives a majority of the votes in a primary election.
Not all states use primaries.
Two basic types of primaries
Closed primary is one in which only voters who have registered with a particular party (Democrat/Republican).
Open primary the voter does not have to register.
Political parties prefer closed primaries, as open primaries make it more difficult to control who becomes their party’s nominee.
Nominating a Presidential Candidate
The procedures for nominating a presidential candidate are different from those used to nominate other public officials.
While the actual selection of the candidate for each party is made by the voters through the state primary system, both major parties still formally name their candidates at the national party convention.
The race is on:
More than 2 years before the 2016 Presidential election and it starts.
What factors drive voter turn out:
1. Voter demographics
In short, older voters tend to vote more than younger voters. Wealthy and educated voters are more likely to turnout than lower-income voters. More specifically, very low-income voters face more obstacles to voting, such as time away from work and adequate transportation, than those with higher incomes.
2. One-sided states and races
Another important factor that keeps voters at home is apathy. Put another way, voters are far less likely to take part in an election if they feel their vote is wasted. If a race is not competitive, voters on both sides will stay home. They feel that their vote cannot possibly influence the race, so why bother?
What factors drive voter turn out:
3. Two-step voter registration
A common roadblock to voters is the two-part registration system, which requires two events to be completed on different days. Any requirements that cost voters more time or make processes more complicated will have a negative effect on voter turnout.
4. Weather
It is probably no surprise that voters are less likely to make it to the polls when it is raining. In fact, studies have shown that “When compared to normal conditions, rain significantly reduces voter participation by a rate of just less than 1 percent per inch, while an inch of snowfall decreases turnout by almost .5 percent. Poor weather is also shown to benefit the Republican party’s vote share.” It has been argued that weather cost both Richard Nixon and Al Gore an election.
Taken alone, these factors may have a very small impact on any given voter. But taken together, they can create a perfect storm with the power to swing elections. If turnout is already hindered by state laws or uncompetitive races, and the election-day weather is terrible, turnout can be severely affected.
WHAT FACTORS DECREASE VOTER TURNOUT?
Over the years, studies have explored why a citizen might not vote.
The reasons range from:
Being too busy (19 percent)
Transportation problems (3.3 percent)
Restrictive registration laws (5.5 percent)
Vote Here
“October surprise”
a highly negative story about a candidate that leaks right before Election Day in November.
For example, a week before the 2000 election, a Dallas Morning News journalist reported that George W. Bush had lied about whether he had been arrested for driving under the influence.
In 2016, two such stories, one for each nominee, broke just prior to Election Day. First, the Billy Bush Access Hollywood tape showed a braggadocian Donald Trump detailing his ability to do what he pleases with women, including grabbing at their genitals. This tape led some Republican officeholders, such as Senator Jeff Flake (R-AZ), to disavow Trump.
However, perhaps eclipsing this episode was the release by former FBI director James Comey of a letter to Congress re-opening the Hillary Clinton email investigation a mere eleven days prior to the election.
DECIDING TO RUN
A potential candidate still needs to meet state-specific requirements:
Length of residency
Voting status
Age.
Potential candidates must also consider competitors, family obligations, and the likelihood of drawing financial backing. His or her spouse, children, work history, health, financial history, and business dealings also become part of the media’s focus, along with many other personal details about the past.
The Campaign
The American presidential election campaign is the world’s most closely watched political event.
Officially, the campaign season begins when the two major candidates have been named at the national party conventions, but in reality the campaign often begins as soon as the primary elections have been completed and a single candidate has secured the party’s nomination.
President Trump and Presidential Candidate Joe Biden.
Campaign Financing
In recent decades, the costs associated with running for political office have grown tremendously.
The use of television, the length of the campaigns, and increases in other campaign expenses have raised the cost of running for office.
As the expense of campaigns has increased, the dependence of parties on the very wealthy continues to grow.
The fear that large contributors influence the policies of the candidates and parties they support has long been a source of concern to observers of American politics.
Campaign Finance Legislation
The Federal Election Campaign Act of 1974 (FECA) was enacted to address the inadequacies in existing campaign finance legislation.
FECA established recordkeeping requirements, disclosure requirements, and spending limits—although some of these limits were later overturned by the Supreme Court.
The legislation also established a system for federal financing of presidential campaigns.
Limited public funds for presidential campaigns are made available to certain candidates out of national tax revenues.
A box on the individual income tax return now permits each taxpayer to earmark $3.00 of his or her tax payment for this purpose, but few people do.
Campaign Finance Legislation
There was, however, a huge loophole known as soft money.
The loophole comes from a 1979 amendment to the FECA that allowed national party organizations (not the candidates) to receive unlimited amounts of money from private groups to be used on party-building activities.
The major difference between soft money and hard money was that the latter was subject to individual and groups limits.
Campaign Finance Legislation
In 2002, campaign finance laws were changed to prohibit the use of soft money.
This change created an unanticipated surfacing of so-called 527 committees in the 2004 election.
These 527 groups became a magnet for the soft-money contributions that had previously gone to the political parties.
Named after a provision of the tax code, 527 groups “engage in voter mobilization and sponsor advertisements that either praise or criticize political candidates.”
Presidential Primaries
The majority of states today use the presidential primary to select convention delegates; the remaining states use the caucus system.
The exact form of the primary differs from state to state.
All primary states provide for the election of convention delegates; some also provide for a preference vote in which voters can indicate their choice of candidates.
Each party uses a formula to determine the total number of delegates that will attend its national convention.
Presidential Primaries
The Republican Party is more likely to use a winner-take-all formula under which the candidate with the most votes wins all of the delegates.
The Democratic Party uses a proportional representation system, in which candidates receive delegates at the party convention in proportion to the percentage of the vote they win.
The Democratic Party also provides for so-called “superdelegates” who are not chosen in primaries but serve because of their position as party leaders or prominent elected officials
Caucuses and Conventions
In states that do not use primaries, delegates to county conventions are chosen by caucuses—meetings of party members at the local or precinct level.
The county conventions then select delegates to district and state conventions, which in turn select delegates to the national convention.
Preconvention Campaign
Candidates attempt to win the support of the delegates by winning state primaries.
The first primary is traditionally held in New Hampshire.
Most importantly, a candidate who wins in the early primaries will not only gain delegate support, but also national media coverage, the support of delegates from states that use a caucus system, increased financial contributions, and greater popularity with the voters.
Example: In 2008, Barack Obama successfully won the presidential nomination of the Democratic Party, even though Hillary Clinton was considered the early favorite.
The National Convention
After all of the delegates have been selected, the parties hold their national convention.
This is a large meeting of the party delegates to adopt a party platform and to name the party’s presidential and vice presidential candidates.
The national convention is usually a very festive event that takes place over several days.
Adopting a platform
The first major task of a national convention is to adopt a party platform.
The platform is a collection of policy positions, each of which is called a plank.
Nominating a Candidate
After the names of all the candidates have been proposed before the convention, a roll call vote is taken and a nominee is chosen.
Decades ago conventions were often suspenseful events as roll call votes were taken, but today the conventions simply ratify the choice of a nominee that has already been made in the state primaries.
But conventions are still an important means of rallying the party faithful and showcasing the nominee before the national media.
Nominating a Vice Presidential Candidate
It is customary for a presidential nominee to choose his own running mate, and the nominee’s selection is always approved by the convention. Whereas the president chooses his closest advisors on the basis of personal knowledge and friendships, vice presidents may be strangers selected specifically for the purpose of balancing the ticket.
Vice President Joe Biden
2012 Vice Presidential Candidate Paul Ryan
A National Primary
The present system of nominating a presidential candidate is subject to much criticism.
A frequently proposed alternative is a national primary, in which voters would choose among a number of candidates.
In a closed primary, only members of the political party selecting nominees may vote.
An open primary allows all voters to vote. In this system, a Green Party member is allowed to pick either a Democratic or Republican ballot when voting.
A top-two primary, sometimes called a jungle primary, pits all candidates against each other, regardless of party affiliation.
Congressional Campaigns
The FECA of 1974 does not provide for public funding of congressional campaigns.
These campaigns are financed by the candidates, either from their own resources or with funds obtained from private contributions.
The pattern of contributions to candidates for the House of Representatives strongly favors incumbents, as a good deal of their time is devoted to fund-raising.
Congressional Campaigns
Due to foreign contributions and dubious fund-raising campaigns by candidates, Congress passed the Bipartisan Campaign Finance Law of 2002, which had a significant impact on campaign finance.
The new legislation raised the legal amount of money that could be contributed to campaigns, basing the monetary figures on the inflation rate.
Soft-money contributions to national political parties were deemed illegal.
Furthermore, the law outlawed issue-related advertisements on television within eight weeks of a general election.
Congressional Campaigns
The new law was quickly challenged by those who thought that it violated the constitutional guarantees of freedom of speech and freedom of the press, but the Supreme Court upheld most major provisions of the law.
In 2010, the Supreme Court did strike down a law that limited campaign spending by corporations and unions, ruling that they were entitled to the same free speech rights as individuals.
Campaign Strategy
Candidates for public office must make plans long before the actual campaign begins.
Often they hire a professional consultant, an opinion research organization, media consultants, speech writers, a direct-mail organization, attorneys, an accounting firm, and similar services.
The strategies used by candidates vary from one election to the next, and the major issues in the campaign and the personalities of the candidates always shape campaign strategy.
Incumbent presidents organize their campaigns differently from challengers.
Campaign Strategy
Incumbents often seek to use the visibility and prestige of the White House to their advantage.
Candidates who seek to defeat an incumbent will inevitably attack the incumbent’s record.
Further, the Electoral College is a major consideration in campaign strategy.
To win, the Electoral College forces candidates to devote much of their time and money to those states with the largest population, and the most electoral votes.
While a congressional candidate’s goal is to win a plurality—more votes than received by the other candidate—and not necessarily a majority, presidential candidates are interested only in winning a majority—270—of the electoral votes
Television Debates
No federal law requires candidates to debate, and for many years presidential nominees refused to do so.
In fact, after the debates of 1960, presidential candidates did not debate again until 1976.
1960 Presidential Debate Candidates John F. Kennedy and Richard M. Nixon
Television Debates
Some observers have criticized the presidential debates on the grounds that they are more like press conferences than true debates.
Despite the criticisms, televised debates have become a central part of every presidential election, and they are popular with voters.
The Election
The election of the president, vice president, and most other national, state, and local officials takes place on the first Tuesday following the first Monday in November.
The procedures used include:
registration of voters
voting by secret ballot
counting of the ballots
The winner of the presidential election is determined by the Electoral College.
Balloting
The ballot may be organized in two ways.
The office-block, or the Massachusetts ballot, lists all candidates according to the office for which they are running.
More commonly used is the party-column ballot, or the Indiana ballot, which lists candidates for all offices in columns according to party.
Some contend that party-column ballots encourage voters to vote along party lines rather than consider the merits of each candidate.
Balloting
Problems in the 2000 presidential election in Florida compelled Congress to move to reform the balloting process in the United States, requiring states to replace outdated voting machines with new voting systems.
The use of absentee ballots has increased dramatically during recent years.
For proponents, the opportunity to vote through an absentee ballot encourages greater participation.
For critics, however, absentee voting opens the possibility of fraud and coercive tactics by party workers that could influence the outcome of the election.
Electing the President and Vice President: The Electoral College
The Electoral College represents a compromise between the delegates to the Constitutional Convention who favored direct election of the president and those who wanted Congress to select the president.
When the electorate votes in a presidential election they are not voting for a presidential candidate but actually that candidate’s slate of electors.
The electors are loyal and longtime party members chosen by party leaders, who meet in the capital of their respective states in mid-December, to cast ballots for their party’s presidential and vice presidential candidates.
Electing the President and Vice President: The Electoral College
There are 538 members in the Electoral College.
To become president a candidate must win a majority, or 270, of those votes.
If no candidate receives 270, the election is thrown to Congress, where the House of Representatives will choose the president, and the Senate will choose the vice president.
Problems with the Electoral College
Critics point to two problems with the Electoral College.
First, it is possible for a candidate to lose the nationwide popular vote yet still become president by winning the Electoral College, as has happened four times, most recently in the 2000 election of George W. Bush.
Second, when no candidate receives a majority of the Electoral College vote, the job of choosing a president falls to the Congress.
Under such circumstances, all of the state’s congressional delegates must vote as a bloc. Critics point out that this procedure could result in the choice of a president who received fewer popular votes than the defeated opponent. Fortunately, the Congress has only been called on twice to choose the president, most recently in 1825.
Presidents who Lost the Popular Vote
In 1824, John Quincy Adams was elected president despite not winning either the popular vote or the electoral vote. Andrew Jackson was the winner in both categories. Jackson received 38,000 more popular votes than Adams, and beat him in the electoral vote 99 to 84. Despite his victories, Jackson didn’t reach the majority 131 votes needed in the Electoral College to be declared president. In fact, neither candidate did. The decision went to the House of Representatives, which voted Adams into the White House.
In 1876, Rutherford B. Hayes won the election (by a margin of one electoral vote), but he lost the popular vote by more than 250,000 ballots to Samuel J. Tilden.
Presidents who Lost the Popular Vote
In 1888, Benjamin Harrison received 233 electoral votes to Grover Cleveland’s 168, winning the presidency. But Harrison lost the popular vote by more than 90,000 votes.
In 2000, George W. Bush was declared the winner of the general election and became the 43rd president, but he didn’t win the popular vote either. Al Gore holds that distinction, garnering about 540,000 more votes than Bush. However, Bush won the electoral vote, 271 to 266.
Electoral College Reform or Abolish?
Because of the problems associated with the Electoral College, a number of reforms have been proposed, including eliminating electors, proportional voting, the single-member district plan, changing the procedures in the House, and direct popular elections.
Despite such proposals, however, there is much support for the Electoral College.
Supporters say it maintains the role of the states in a vital national political decision and that it maintains the stability of the two-party system.
Congressional Elections
All 435 seats in the House of Representatives, and one-third of the 100 seats in the Senate, are up for reelection every two years.
Incumbents have several advantages over challengers.
They have name recognition
They have established a record of service to their constituents
They have a small army of supporters who can be called upon to work during the campaign.
Receive far more financial support.
Congressional Elections
In addition, the franking privilege enables incumbents to mail information to their constituents at no cost.
Many House districts have been gerrymandered, meaning that the district boundary lines have been drawn so that they purposely include more voters of one party, thus giving the party an enrollment advantage in the district.
There have been a number of attempts to establish limits as to the number of terms a member can serve in an effort to offset the advantages held by incumbents.
Candidates in competitive races sometimes try to ride the coattails of a well-liked presidential candidate.
For example, in 2008 Barack Obama’s wide margin of victory helped the Democrats gain twenty-one seats in the House of Representatives.
THE END