Running clean: The inherent problems of the Bipartisan Campaign Reform Act and the clean election solution

A political candidate's forced reliance on raising campaign contributions in order to convey his or her message allows those that can afford to contribute a greater opportunity for political influence. This undermines a democratic system that ensures all citizens equal influence in the political discourse. To combat this problem, state and federal legislation has been passed in response to the public's perception that current campaign practices are corrupt. The Bipartisan Campaign Reform Act of 2002 (BCRA) is the most recent legislation that regulates the role of money in federal elections. The law bans political parties and candidates from accepting contributions from corporations, unions and special interest groups and regulates when political advertising can be placed by special interest groups. Although the BCRA has produced some success in regulating money in federal elections, it has also produced numerous shortcomings and has failed to provide a comprehensive solution to the issue of money influencing politics. Examining the success and failure of the BCRA is important because the money that finances political campaigns influences those who run for public office, the amount of political discourse in campaigns and, if the candidate is elected, the types of issues that are addressed through proposed legislation.;Some have pointed to publicly financed elections, known as clean elections, as a possible solution to the issue of money being a corrupting influence in politics. Clean elections attempt to reduce special interest influence on politics by providing candidates with public funds to run for elected office. The State of Maine was the first state to have a public financing system, whereby candidates who run for the Maine House, Senate, or Governorship may receive campaign financing funds under Maine's Clean Election Act (MCEA). If a candidate chooses to run for office under the MCEA, he or she may not accept any private contribution and must agree to finance their election with only the funds provided by the State. Participation in the MCEA is voluntary and candidates may still run under the old system of raising private funds.;The goal of providing public financing to candidates for elected office is to reduce the influence of campaign contributors on elected officials. Clean elections aim to allow candidates to receive public funding to run their campaign, thereby reducing the potential corrupting influence that private campaign contributions may have.;This thesis will examine the effectiveness of clean election laws as they contrast with the BCRA. Maine's clean election law will be used as a model to show how clean election laws in general could be used to replace the current shortcomings of the BCRA. Understanding how the BCRA and Clean Election laws contrast, and as a result of those laws, the role that money may or may not continue to play in the influencing of our elected officials is important for continued democracy. The current campaign financing structure and possible proposals for additional reform is important for members of the policy and planning community because our elected officials are the key stakeholders in proposing and passing legislation vital to every aspect of our community.