NCJ Number
239976
Journal
American Criminal Law Review Volume: 49 Issue: 2 Dated: Spring 2012 Pages: 523-568
Date Published
2012
Length
46 pages
Annotation
This article addresses election law violations deemed criminal by Congress and prosecutable by the U.S. Department of Justice.
Abstract
Election law issues that pertain to how Federal campaigns are financed and who finances them have recently gained attention due to several landmark judicial decisions. These recent U.S. Supreme Court decisions are discussed, along with campaign finance crimes in general. Section 441a of Title 2 of the U.S. Code prohibits a candidate or political committee from knowingly accepting "contributions" or making "expenditures" in excess of specified limits. The U.S. Supreme Court has made a distinction between contributions and expenditures, holding that limitations on a candidate's ability to spend unlimited sums is a violation of free speech under the first amendment. Consequently, a candidate's expenditures can constitutionally be limited only if the candidate elects to participate in a public funding program. Moreover, there are no limits on "independent expenditures," although such expenditures must be reported to the Federal Election commission (FEC) if they exceed specific monetary thresholds. Contribution limits, by contrast, have been upheld against first amendment challenges under several landmark campaign finance cases. The "Citizens United" Supreme Court decision did not affect the ban on corporate contributions. This article discusses contributions or expenditures by national banks, corporations, or labor organizations, as well as contributions by government contractors, contributions and donations by Foreign nationals, contributions in the name of another, limitations on contribution of currency, fraudulent misrepresentation of campaign authority, the "soft" money of political parties, and the prohibition on conversion of campaign funds. General issues pertinent to criminal prosecution are discussed as well. The section on election fraud considers election fraud statutes. These statutes pertain to voter interference statutes, voter fraud statutes, and alternative avenues of prosecution. 410 notes