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entitled 'Campaign Finance Reform: Experiences of Two States That
Offered Full Public Funding for Political Candidates' which was
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Report to the Subcommittee on Financial Services and General
Government, Committee on Appropriations, U.S. Senate:
United States Government Accountability Office:
GAO:
May 2010:
Campaign Finance Reform:
Experiences of Two States That Offered Full Public Funding for
Political Candidates:
GAO-10-390:
GAO Highlights:
Highlights of GAO-10-390, a report to the Subcommittee on Financial
Services and General Government, Committee on Appropriations, U.S.
Senate.
Why GAO Did This Study:
The 2000 elections in Maine and Arizona were the first in the nation’s
history where candidates seeking state legislative seats had the
option to fully fund their campaigns with public moneys. In 2003, GAO
reviewed the public financing programs in Maine and Arizona and found
the programs’ goals were to (1) increase electoral competition; (2)
increase voter choice; (3) curb increases in campaign costs; (4)
reduce interest group influence; and (5) increase voter participation.
GAO reported that while the number of candidates who participated in
the programs increased from 2000 to 2002, it was too soon to determine
the extent to which these five goals of the programs were being met.
Senate Report 110-129 directed GAO to update its 2003 report. This
report: (1) provides data on candidate participation and (2) describes
changes in five goals of Maine’s and Arizona’s programs in the 2000
through 2008 elections and the extent to which changes could be
attributed to the programs. To address its objectives, GAO analyzed
available data about candidate participation, election outcomes, and
campaign spending for the 1996 through 2008 legislative elections in
both states, reviewed studies, and interviewed 22 candidates and 10
interest group officials selected to reflect a range of views. The
interview results are not generalizable to all candidates or all
interest groups. GAO is issuing an electronic supplement with this
report—-GAO-10-391SP—-which provides data and summaries of statistical
analyses conducted.
What GAO Found:
In Maine and Arizona, legislative candidates’ participation in the
public financing programs, as measured by the percentage of candidates
participating and the proportion of races with a participating
candidate, increased from 2000 to 2008. Specifically, the
participation rate of candidates in Maine’s general elections
increased from 33 percent in 2000 to over 80 percent in 2006 and 2008.
Meanwhile, the participation rate of candidates in Arizona’s general
elections increased from 26 percent in 2000 to 64 percent in 2008.
Also, the proportion of races with at least one candidate
participating in the program generally increased from 2000 through
2008.
Figure: Percentage of Legislative Races with at Least One Candidate
Participating in the Public Financing Programs, Maine and Arizona
General Elections, 2000 through 2008:
[Refer to PDF for image: 2 stacked vertical bar graphs]
State: Maine;
Election year: 2000;
Races with no participating candidates: 53%;
Races with at least one participating candidate: 47%.
Election year: 2002;
Races with no participating candidates: 21%;
Races with at least one participating candidate: 79%.
Election year: 2004;
Races with no participating candidates: 8%;
Races with at least one participating candidate: 92%.
Election year: 2006;
Races with no participating candidates: 2%;
Races with at least one participating candidate: 98%.
Election year: 2008;
Races with no participating candidates: 4%;
Races with at least one participating candidate: 96%.
State: Arizona;
Election year: 2000;
Races with no participating candidates: 47%;
Races with at least one participating candidate: 52%.
Election year: 2002;
Races with no participating candidates: 38%;
Races with at least one participating candidate: 62%.
Election year: 2004;
Races with no participating candidates: 33%;
Races with at least one participating candidate: 67%.
Election year: 2006;
Races with no participating candidates: 25%;
Races with at least one participating candidate: 75%.
Election year: 2008;
Races with no participating candidates: 18%;
Races with at least one participating candidate: 82%.
Source: GAO analysis of Maine and Arizona election results data.
[End of figure]
While there was some evidence of statistically significant changes in
one of the five goals of Maine’s and Arizona’s public financing
programs, we could not directly attribute these changes to the
programs, nor did we find significant changes in the remaining four
goals after program implementation. Specifically, there were
statistically significant decreases in one measure of electoral
competition—the winner’s margin of victory—in legislative races in
both states. However, GAO could not directly attribute these decreases
to the programs due to other factors, such as the popularity of
candidates, which affect electoral outcomes. We found no change in two
other measures of competition, and there were no observed changes in
voter choice—the average number of legislative candidates per district
race. In Maine, decreases in average candidate spending in House races
were statistically significant, but a state official said this was
likely due to reductions in the amounts given to participating
candidates in 2008, while average spending in Maine Senate races did
not change. In Arizona, average spending has increased in the five
elections under the program. There is no indication the programs
decreased perceived interest group influence, although some candidates
and interest group officials GAO interviewed said campaign tactics
changed, such as the timing of campaign spending. Data limitations,
including a lack of comparable measures over time, hinder analysis of
changes in voter participation.
View [hyperlink, http://www.gao.gov/products/GAO-10-390] or key
components. To view the e-supplement online, click on GAO-10-391SP.
For more information, contact William O. Jenkins Jr. at (202) 512-8777
or jenkinswo@gao.gov.
[End of section]
Contents:
Letter:
Background:
Legislative Candidates' Participation in Public Financing Programs in
Maine and Arizona Increased from 2000 to 2008; Limited Data on
Candidates Are Available:
Changes in One Measure of Electoral Competition Could Not Be Directly
Attributed to Maine's and Arizona's Public Financing Programs; No
Overall Changes in Voter Choice, Campaign Spending, and Interest Group
Influence, While Data Limitations Hinder Analysis of Changes in Voter
Participation:
Concluding Observations:
Third Party Views and Our Evaluation:
Appendix I: Objectives, Scope, and Methodology: Objectives:
Overview of Our Scope and Methodology: Candidate Participation:
Electoral Competition:
Voter Choice:
Campaign Spending:
Interest Group Influence and Citizens' Confidence in Government: Voter
Participation (Turnout):
Appendix II: Overview of the Public Financing Programs for Legislative
Election Campaigns in Maine and Arizona: Maine's Public Financing
Program:
Arizona's Public Financing Program:
Appendix III: Information on Public Financing Programs for State
Legislative Election Campaigns in Connecticut and New Jersey:
Connecticut's Public Financing Program: New Jersey's Public Financing
Program:
Appendix IV: GAO Contact and Staff Acknowledgments:
Bibliography:
Tables:
Table 1: Public Funding Available to Each Participating Candidate in
the 2008 Election Cycle in Maine and Arizona:
Table 2: States Offering Full Public Financing Programs during the
2007 and 2008 Election Cycle:
Table 3: Factors Maine Candidates Reported Considering When Deciding
to Participate in the Public Financing Program in the 2008 Elections:
Table 4: Factors Maine Candidates Reported Considering When Deciding
Not to Participate in the Public Financing Program in the 2008
Elections:
Table 5: Percentage of Winning Legislative Candidates by Participation
and Incumbent Status in Maine General Elections, 2000 through 2008:
Table 6: Factors Arizona Candidates Reported Considering When Deciding
to Participate in the Public Financing Program in the 2008 Elections:
Table 7: Factors Arizona Candidates Reported Considering When Deciding
Not to Participate in the Public Financing Program in the 2008
Elections:
Table 8: Percentage of Winning Legislative Candidates by Participation
and Incumbent Status in Arizona General Elections, 2000 through 2008:
Table 9: Margin of Victory Measures in Maine and Comparison States,
Changes in the Measures over Time, and Differences in the Changes
between Maine and Comparison States:
Table 10: Margin of Victory Measures in Arizona and Comparison States,
Changes in the Measures over Time, and Differences in the Changes
between Arizona and Comparison States:
Table 11: Percentage of Races Contested in Maine and Comparison
States, Changes in the Percentages over Time, and Differences in the
Changes between Maine and Comparison States:
Table 12: Percentage of Races Contested in Arizona and Comparison
States, Changes in the Percentages over Time, and Differences in the
Changes between Arizona and Comparison States:
Table 13: Incumbent Reelection Rates in Maine and Comparison States,
Changes in the Rates over Time, and Differences in the Changes between
Maine and Comparison States:
Table 14: Incumbent Reelection Rates in Arizona and Comparison States,
Changes in the Rates over Time, and Differences in the Changes between
Arizona and Comparison States:
Table 15: Average Number of Legislative Candidates per District Race
in Maine and Arizona Primary and General Elections, 1996 through 2008:
Table 16: Percent of Races with Third-Party or Independent Candidates
Receiving 5 Percent or More of Votes Cast in Maine General Elections,
1996 through 2008:
Table 17: Percent of Races with Third-Party or Independent Candidates
Receiving 5 Percent or More of Votes Cast in Arizona General
Elections, 1996 through 2008:
Table 18: Maine and Arizona Voting-Age Citizens' Views on Influence of
Interest Groups, among Those Aware of the Law:
Table 19: Maine and Arizona Voting-Age Citizens' Views on Confidence
in State Government, among Those Aware of the Law:
Table 20: Characteristics of the State Legislatures in Maine, Arizona,
and Their Respective Comparison States:
Table 21: Questions Used for the Maine and Arizona Surveys:
Table 22: Seed Money Limits and Number of Qualifying $5 Contributions
for Maine Legislative Candidates in the 2008 Election Cycle:
Table 23: Public Funding Available to Each Participating Candidate in
the Maine, 2008 Election Cycle:
Table 24: Revenue Sources and Amounts for Maine's Public Financing
Program in 2008:
Table 25: Maine Reporting Requirements for Independent Expenditures in
the 2008 Election Cycle:
Table 26: Early Contribution Limits and Number of Qualifying $5
Contributions for Arizona Legislative Candidates in the 2008 Election
Cycle:
Table 27: Public Funding Available to Each Participating Candidate in
the Arizona 2008 Election Cycle:
Table 28: Revenue Sources and Amounts for Arizona's Public Financing
Program in 2008:
Table 29: Arizona Reporting Requirements for Individuals or
Organizations Making Independent Expenditures in the 2008 Election
Cycle:
Table 30: Qualifying Contribution Requirements for Candidates in
Connecticut's Legislative Elections in 2008:
Table 31: Public Funding Available to Major Party Candidates in
Connecticut Primary and General Elections in 2008:
Table 32: Number of Candidates Who Used Public Financing and Number of
Races with at Least One Participating Candidate in Connecticut's
Legislative General Election in 2008:
Table 33: Participating Candidates in Connecticut's Public Financing
Program in the Legislative General Elections in 2008:
Figures:
Figure 1: Legislative Candidates' Participation in Maine's Public
Financing Program in the Primary and General Elections, 2000 through
2008:
Figure 2: Public Financing Program Participation and Incumbency Status
in Maine General Elections, 2000 through 2008:
Figure 3: Legislative Candidates by Political Party Affiliation and
Participation Status in Maine Primary and General Elections, 2000
through 2008:
Figure 4: Legislative Candidates' Participation in Arizona's Public
Financing Program in Primary and General Elections, 2000 through 2008:
Figure 5: Public Financing Program Participation and Incumbency Status
in Arizona General Elections, 2000 through 2008:
Figure 6: Legislative Candidates by Political Party Affiliation and
Participation Status in Arizona Primary and General Elections, 2000
through 2008:
Figure 7: Percentage of Legislative Races with at Least One Candidate
Participating in the Public Financing Programs, Maine and Arizona
General Elections, 2000 through 2008:
Figure 8: Comparison of Winner's Average Margin of Victory in
Contested Legislative Races in Maine and Arizona with Respective
Comparison States, General Election, 1996 through 2008:
Figure 9: Comparison of Winner's Victory Margin in Contested
Legislative Races in Maine and Arizona with Respective Comparison
States, General Election, 1996 through 2008:
Figure 10: Comparison of the Rates of Contested Legislative Races in
Maine and Arizona with Respective Comparison States, General Election,
1996 through 2008:
Figure 11: Comparison of Incumbent Reelection Rates in Maine and
Arizona with Respective Comparison States, General Election, 1996
through 2008:
Figure 12: Average Legislative Candidate Spending in Maine, 1996
through 2008:
Figure 13: Average Legislative Candidate Spending in Maine by
Candidate Status, 1996 through 2008:
Figure 14: Average Legislative Candidate Spending in Maine by
Participation Status, 2000 through 2008:
Figure 15: Independent Expenditures in Maine Legislative Elections,
2000 through 2008:
Figure 16: Average Legislative Candidate Spending in Arizona, 2000
through 2008:
Figure 17: Average Legislative Candidate Spending in Arizona by
Candidate Status, 2000 through 2008:
Figure 18: Average Legislative Candidate Spending in Arizona by
Participation Status, 2000 through 2008:
Abbreviations:
ACS: American Community Survey:
Arizona's Act: Citizens Clean Elections Act:
Connecticut's Act: Campaign Finance Reform Law of 2005:
CPS: Current Population Survey:
EAC: United States Election Assistance Commission:
ELEC: New Jersey Election Law Enforcement Commission:
Elections Project: George Mason University's United States Election
Project:
FEC: Federal Election Commission:
GDP: gross domestic product:
HAVA: Help America Vote Act:
Maine's Act: Maine Clean Election Act:
Nonparticipating candidates: candidates who did not participate in the
public financing program:
Participating candidates: candidates who participated in the public
financing program:
SE: standard error:
SEEC: Connecticut State Elections Enforcement Commission:
VAP: voting-age population:
VEP: voting-eligible population:
[End of section]
United States Government Accountability Office:
Washington, DC 20548:
May 28, 2010:
The Honorable Richard J. Durbin:
Chairman:
The Honorable Susan M. Collins:
Ranking Member:
Subcommittee on Financial Services and General Government:
Committee on Appropriations:
United States Senate:
Public financing of political campaigns is a controversial issue that
is viewed by supporters as a means of reducing the influence of money
in politics while increasing the involvement of citizens in the
political process and seen by opponents as a violation of free speech
as well as a misuse of public funds. While public financing of
political campaigns at the federal level applies only to presidential
elections, some states have taken actions to implement programs to
offer public financing intended to fund most campaign costs of
candidates for certain state-level political campaigns.[Footnote 1]
The 2000 elections in Maine and Arizona were the first instances in
the nation's history where candidates seeking state legislative seats
and certain statewide offices had the option to fully fund their
campaigns with public moneys.[Footnote 2] Under the public financing
programs in Maine and Arizona, "participating candidates" qualified
for public financing and received a set amount of money for their
primary and general election campaigns if they agreed to forgo private
fundraising and obtained a minimum number of $5 donations from
individual donors. In addition to their initial distribution of funds,
participating candidates received matching funds from public moneys,
based on spending by opposing privately financed ("nonparticipating")
candidates, who engaged in traditional means, such as conducting
fundraisers, to raise money from individuals, corporations, and
political action committees. Participating candidates also received
matching funds based on an individual's or group's reported
independent expenditures, which are expenditures made that benefit an
opposing candidate, but without coordination with the benefiting
candidate.
In 2003, we reviewed the public financing programs in Maine and
Arizona[Footnote 3] as mandated in the Bipartisan Campaign Reform Act
of 2002.[Footnote 4] In our 2003 report, we identified five
overarching goals of Maine's and Arizona's public financing programs
based on our review of the history of the programs and discussions
with officials in each state. Generally, these goals were to (1)
increase electoral competition by, among other means, reducing the
number of uncontested races (i.e., races with only one candidate per
seat in contention); (2) increase voter choice by encouraging more
candidates to run for office; (3) curb increases in the cost of
campaigns; (4) reduce the influence of interest groups and, thereby,
enhance citizens' confidence in government; and (5) increase voter
participation (e.g., increase voter turnout for elections).
In 2003, we reported that while the number of legislative candidates
who chose to use public financing for their campaigns increased from
2000 to 2002, it was too soon to determine the extent to which the
five goals of Maine's and Arizona's public financing programs were
being met. We concluded that with only two elections from which to
observe legislative races, limited data were available to draw causal
linkages to changes, if any, involving electoral competition, voter
choice, campaign spending, interest group influence and citizens'
confidence in government, and voter participation.
Senate Report 110-129 directed GAO to revisit and update our 2003
report to account for data and experiences of the past two election
cycles.[Footnote 5] This report:
* provides data related to candidate program participation, including
the number of legislative candidates who chose to use public funds to
run for seats in the 2000 through 2008 elections in Maine and Arizona
and the number of races in which at least one legislative candidate
ran an election campaign with public funds; and:
* describes statistically measurable changes and perceptions of
changes in the 2000 through 2008 state legislative elections in five
goals of Maine's and Arizona's public financing programs--(1)
increasing electoral competition; (2) increasing voter choice; (3)
curbing increases in the cost of campaigns; (4) reducing the influence
of interest groups and enhance citizens' confidence in government; and
(5) increasing voter participation--and the extent to which these
changes could be attributed to the programs.
To address our objectives, we reviewed relevant studies and reports
and interviewed researchers regarding state elections and campaign
finance reform in the United States generally, as well as in Maine and
Arizona specifically.[Footnote 6] A listing of the research and
reports we reviewed is included in the bibliography. We reviewed
pertinent statutes and documents, such as candidate handbooks and
annual reports describing the Maine and Arizona public financing
programs and interviewed state election officials responsible for
administering the two programs. Through our discussions with Maine and
Arizona state officials and our review of changes to the public
financing statutes in both states from 2002 through 2009, we
determined that the five goals of the public financing programs, as
set out in our 2003 report, have not changed.[Footnote 7] In addition,
based on our review of the literature and discussions with
researchers, we concluded that there is little agreement on a
standardized methodology to measure these five goals. Thus, we used
many of the same measures as those in our 2003 report.[Footnote 8]
We obtained data from Maine's and Arizona's Offices of the Secretary
of State, the agencies responsible for supervising and administering
state elections and activities, such as certifying state candidates
for the ballot and tabulating official election results. We also
obtained data from Maine's Commission on Governmental Ethics and
Election Practices and Arizona's Citizens Clean Elections Commission,
the agencies responsible for administering the respective state's
public financing program. For both states we analyzed, to the extent
possible, available statistical data about the 1996 through 2008
legislative elections, including data related to candidate program
participation, election outcomes, voter choice, and reported campaign
spending.[Footnote 9] To assess the reliability of both states' data,
we (1) performed electronic testing for obvious errors in accuracy and
completeness; (2) reviewed related documentation such as system flow
charts; and (3) worked closely with state officials to identify any
data problems. When we found discrepancies, such as nonpopulated
fields, we brought this to the states' attention and worked with state
officials to correct the discrepancies before conducting our analyses.
We determined that the data were sufficiently reliable for the
purposes of our report. Although the public financing programs in
Maine and Arizona cover both legislative and certain statewide
offices, we limited the scope of our review to legislative candidates,
since most of the elections for certain statewide offices[Footnote 10]
occurred every 4 years and sufficient data would not have been
available to conduct our analyses and draw conclusions.
To assess changes in electoral competition in Maine and Arizona, we
examined changes in three measures of electoral competition in state
legislative races by comparing the two elections before public
financing became available (1996 and 1998) to the five elections after
public financing became available (2000, 2002, 2004, 2006, and 2008).
The three measures we used were: (1) winner's margin of victory, which
refers to the difference between the percentage of the vote going to
the winning candidate and the first runner up; (2) percentages of
contested races, which refers to the percentage of all races with at
least one more candidate running than the number of positions
available; and (3) incumbent reelection rates, which refers to the
percentage of incumbents who were reelected in races that were
contested.
In addition to analyzing changes in electoral competition over time in
Maine and Arizona, we analyzed general election data from 1996 through
2008 from four comparison states that did not offer public financing
programs for legislative candidates to determine if changes identified
in Maine and Arizona were similar to or different from changes
observed in the four comparison states during the same time period. We
selected these four states (Colorado, Connecticut, Montana, and South
Dakota) based on a number of factors, including geographic proximity
to Maine or Arizona; structure of the state legislature, such as
legislative districts with more than one representative; demographic
characteristics; the presence of legislative term limits; and data
availability.[Footnote 11] Specifically, we used two types of
multivariate statistical models, fixed effects regression and
hierarchical loglinear models, to evaluate how the competitiveness of
races in Maine and Arizona changed after the implementation of public
financing programs.[Footnote 12] Additional information about the two
types of models we used to evaluate electoral competition, as well as
other data and analyses related to the extent to which five goals of
Maine's and Arizona's public financing programs were met can be viewed
in an electronic supplement we are issuing concurrent with this report--
GAO-10-391SP.
With regard to the campaign spending goal, we obtained available
campaign spending and independent expenditure data from Maine and
Arizona. We found that Maine's campaign spending data for the 1996
through 2008 election cycles and independent expenditure data for the
2000 through 2008 election cycles were sufficiently reliable. Due, in
part, to several upgrades to Arizona's campaign finance data systems
over the time period reviewed, we found that Arizona's campaign
spending data for the 2000 through 2008 election cycles and
independent expenditure data for the 2008 election cycle were
sufficiently reliable with limitations as noted. For example, up to
the 2008 election, Arizona's campaign spending database did not
include precise data to identify and link each candidate to his or her
campaign finance committee(s), the entities responsible for reporting
candidates' contributions and spending.[Footnote 13] Further, the
candidates' campaign finance committees can span several election
cycles and include spending reports for races for the same or
different offices, such as House or Senate. Thus, to the extent
possible, we matched candidates and candidate campaign finance
committees through electronic and manual means, identified and
calculated relevant candidate spending transactions, and sorted the
data by election cycle dates. Further, although the Arizona Secretary
of State's office collected independent expenditure data from 2000
through 2008, it did not collect data on the intended beneficiaries of
independent expenditures until the 2008 election cycle. Therefore, we
limited our analysis of independent expenditures to the 2008
elections. We worked with state officials responsible for the public
financing programs and campaign finance data systems in Maine and
Arizona to develop our methodology.
To obtain perspectives on the effects of public financing on interest
group influence and citizens' confidence in government, we interviewed
a nonprobability sample of 22 candidates who ran in the 2008 state
legislative races in Maine and Arizona. We selected these candidates
to reflect a range of those with different political party
affiliations, those who did and did not use public financing, and
those who won or lost in primary and general elections in Maine and
Arizona. Further, we interviewed a nonprobability sample of 10
interest group representatives in Maine and Arizona, which we selected
to reflect a variety of industry sectors, such as communications or
construction, and range of contributions made to political campaigns.
While the results of these interviews cannot be generalized to reflect
the views of all candidates or all interest groups in Maine and
Arizona, the interviews provided us with an overview of the range of
perspectives on the effects of the public financing programs. We also
contracted with professional pollsters to survey representative
samples of voting-age citizens in Maine and Arizona about their views
of interest group influence and confidence in government.[Footnote 14]
To examine changes in voter participation, we reviewed information
about voter turnout data from the Census Bureau, Federal Election
Commission, United States Election Assistance Commission (EAC), the
American National Election Studies, and other resources, including two
repositories of elections data and information--George Mason
University's United States Election Project (the Elections Project)
and the Center for the Study of the American Electorate.[Footnote 15]
We identified these sources through our review of the literature and
through discussions with researchers. To determine the extent to which
changes in voter participation could be assessed over time, we
reviewed documentation and research on these potential data sources,
including information on collection and measurement of the voting-age
or voting-eligible population and the type of turnout recorded.
Finally, we examined data and methodologies for measuring changes in
voter turnout and other forms of participation to determine whether
changes in participation could be analyzed at the state level. We
found that the different data sources required to calculate changes in
turnout are not always comparable across sources and over time because
of differences in the way that data are collected or changes in how
turnout is defined. As such, there was no need to conduct electronic
testing to further assess the reliability of the data for our
purposes. This does not indicate that the data are unreliable for
other purposes. We also discussed voter turnout calculations with
state officials and researchers. Appendix I presents more details
about our objectives, scope, and methodology.
We conducted this performance audit from November 2008 through May
2010 in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit
to obtain sufficient, appropriate evidence to provide a reasonable
basis for our findings and conclusions based on our audit objectives.
We believe that the evidence obtained provides a reasonable basis for
our findings and conclusions based on our audit objectives.
Background:
Public Financing Programs in Maine and Arizona:
In November 1996, Maine voters approved a citizen's initiative--the
Maine Clean Election Act (Maine's Act)--establishing a full public
financing program to fund with public moneys the campaigns of
participating candidates for the state legislature and governor.
[Footnote 16] Similarly, in November 1998, Arizona voters passed the
Citizens Clean Elections Act (Arizona's Act), establishing a full
public financing program for participating candidates for the state
legislature and various statewide offices, such as governor or
secretary of state.[Footnote 17] Maine's Commission on Governmental
Ethics and Election Practices and Arizona's Citizens Clean Elections
Commission administer the respective state's public financing program,
including certifying that candidates have met qualifications for
receiving public funds.
Legislative candidates[Footnote 18] who wish to participate in the
respective public financing programs must be certified as a
participating candidate. Certified candidates, among other things must
(1) forgo self-financing and all private contributions, except for a
limited amount of "seed money" prior to certification,[Footnote 19]
and (2) demonstrate citizen support by collecting a minimum number of
$5 contributions from registered voters.[Footnote 20] After being
certified by the state as having met qualifying requirements,
participating candidates receive initial distributions (predetermined
amounts) of public funding and are also eligible for additional
matching funds from public moneys based on spending by or for
privately funded opponents. These matching funds, up to predetermined
limits, are given to participating candidates when an opposing
nonparticipating candidate exceeds the initial distribution of funds
provided to the participating candidate during the primary or general
election.[Footnote 21] Table 1 shows the public funding available to
each participating candidate in the 2008 election cycle in Maine and
Arizona. The calculation to assess whether matching funds for
participating candidates are triggered is to include reported
independent expenditures[Footnote 22] that, in general, are made on
behalf of a nonparticipating or another participating candidate in the
race by individuals, corporations, political action committees, or
other groups.
Table 1: Public Funding Available to Each Participating Candidate in
the 2008 Election Cycle in Maine and Arizona:
State: Maine: House of Representatives;
Type of race: Contested;
Primary election: Initial distribution: $1,504;
Primary election: Maximum allowable matching funds: $3,008;
Primary election: Total maximum allowable public funds: $4,512;
General election: Initial distribution: $4,144;
General election: Maximum allowable matching funds: $8,288;
General election: Total maximum allowable public funds: $12,432.
State: Maine: House of Representatives;
Type of race: Uncontested;
Primary election: Initial distribution: $512;
Primary election: Maximum allowable matching funds: 0;
Primary election: Total maximum allowable public funds: $512;
General election: Initial distribution: $1,658;
General election: Maximum allowable matching funds: 0;
General election: Total maximum allowable public funds: $1,658.
State: Maine: Senate;
Type of race: Contested;
Primary election: Initial distribution: $7,746;
Primary election: Maximum allowable matching funds: $15,492;
Primary election: Total maximum allowable public funds: $23,238;
General election: Initial distribution: $19,078;
General election: Maximum allowable matching funds: $38,156;
General election: Total maximum allowable public funds: $57,234.
State: Maine: Senate;
Type of race: Uncontested;
Primary election: Initial distribution: $1,927;
Primary election: Maximum allowable matching funds: 0;
Primary election: Total maximum allowable public funds: $1,927;
General election: Initial distribution: $7,631;
General election: Maximum allowable matching funds: 0;
General election: Total maximum allowable public funds: $7,631.
State: Arizona: House of Representatives;
Type of race: Contested;
Primary election: Initial distribution: $12,921;
Primary election: Maximum allowable matching funds: $25,842;
Primary election: Total maximum allowable public funds: $38,763;
General election: Initial distribution: $19,382;
General election: Maximum allowable matching funds: $38,764;
General election: Total maximum allowable public funds: $58,146.
State: Arizona: House of Representatives;
Type of race: Uncontested;
Primary election: Initial distribution: [A];
Primary election: Maximum allowable matching funds: [A];
Primary election: Total maximum allowable public funds: [A];
General election: Initial distribution: [A];
General election: Maximum allowable matching funds: [A];
General election: Total maximum allowable public funds: [A].
State: Arizona: Senate;
Type of race: Contested;
Primary election: Initial distribution: $12,921;
Primary election: Maximum allowable matching funds: $25,842;
Primary election: Total maximum allowable public funds: $38,763;
General election: Initial distribution: $19,382;
General election: Maximum allowable matching funds: $38,764;
General election: Total maximum allowable public funds: $58,146.
State: Arizona: Senate;
Type of race: Uncontested;
Primary election: Initial distribution: [A];
Primary election: Maximum allowable matching funds: [A];
Primary election: Total maximum allowable public funds: [A];
General election: Initial distribution: [A];
General election: Maximum allowable matching funds: [A];
General election: Total maximum allowable public funds: [A].
Source: GAO analysis of Maine and Arizona public financing laws and
state data.
Note: A contested race is a race with more than one candidate per seat
in contention.
[A] In Arizona, candidates in uncontested House and Senate races are
only to receive an amount equal to the qualifying contributions for
that candidate.
[End of table]
Various revenue sources are used to support the public financing
programs. In Maine, state appropriations were the largest funding
source, contributing 82 percent of total revenue in 2008. In Arizona,
a surcharge on civil and criminal fines and penalties was the largest
funding source, accounting for 59 percent of total revenue in 2008. In
addition, funding for public financing programs comes from state
income tax checkoff donations in both states. During the 2008 primary
and general elections, participating legislative candidates in Maine
received a total of almost $3 million, and participating legislative
candidates in Arizona received a total of about $6 million.
Before the passage of Maine's Act in 1996 and Arizona's Act in 1998,
political campaigns in the two states were financed completely with
private funds. There were no limitations placed on expenditures by
candidates from their personal wealth. Under Maine's and Arizona's
public financing laws, nonparticipating candidates are not limited in
the amount they may spend from their personal financial resources on
their own campaigns. While not faced with limits on the total amount
of money that they can raise or spend, nonparticipating candidates are
subject to certain limitations on the amount that an individual,
corporation, or political committee can contribute to the campaigns of
nonparticipating candidates, and nonparticipating candidates have
additional reporting requirements. For example, in Maine, a
nonparticipating candidate in the 2008 legislative elections could
accept individual contributions of up to $250 per election, and in
Arizona, a nonparticipating candidate could accept individual
contributions of up to $488 per election. In both states,
nonparticipating candidates must file certain reports with the state
when their campaigns exceed certain statutory thresholds relating to,
for example, expenditures or contributions.[Footnote 23] Appendix II
provides information about the design and implementation of Maine's
and Arizona's public financing programs.
Perspectives on the Five Goals of Public Financing Programs in Maine
and Arizona:
While there is widespread agreement among researchers and state
officials in Maine and Arizona with the goals of the public financing
programs, there is little consensus about how to assess progress
toward these goals and the effects of these programs. For example,
research on the effects of state public financing programs in general
has been limited because the programs vary widely and were implemented
at different times, hindering comparability.[Footnote 24] With regard
to Maine's and Arizona's public financing programs, research tends to
be limited to a single state or a limited number of years, or produced
by groups that support or oppose public financing.[Footnote 25] Thus,
in revisiting our 2003 report, we describe the five goals of the
public financing programs and include a discussion of proponents' and
opponents' views on the effects of these programs.
Increase Electoral Competition:
One goal of the public financing programs in Maine and Arizona was to
increase electoral competition, which refers to the level of
competition for elected positions as demonstrated by whether races
were contested (that is, involved more candidates than available
positions) and by the percentage of the vote candidates received. For
example, levels of electoral competition can vary from none at all in
the case of an uncontested race, in which the sole candidate receives
100 percent of the vote (less any write-in votes), to an election in
which several candidates vie competitively for a position, each
winning a significant portion of the votes. Proponents of public
financing for campaigns contended that public funding could increase
electoral competition by allowing candidates, especially candidates
challenging incumbents, to overcome the financial hurdles that would
otherwise prevent them from entering a race. Further, proponents
argued that public financing promotes competition by giving more
candidates the opportunity to effectively communicate with the
electorate once they have entered the race. Additionally, some
proponents asserted that increasing the pool of challengers would also
increase the diversity of the candidate pool and consequently make
some races more competitive by offering candidates that appeal to a
broader range of voters. On the other hand, opponents asserted that
public financing does not necessarily attract candidates who have a
broad base of constituency support and therefore, even though more new
candidates may enter races and win, the quality of representation
these candidates offer may be questionable.
Increase Voter Choice:
Increasing voter choice, as measured by changes in the number of
candidates per race and changes in the breadth of political party
affiliations, such as third-party and independent candidates,
represented in races, was a goal of public financing programs.
Proponents of the public financing programs in Maine and Arizona
contended that public funding of campaigns would encourage more
individuals to run for office, thereby giving voters more choices on
the ballot. Opponents asserted that an increase in the number of
candidates on the ballot alone would not necessarily result in a more
diverse selection of candidates, representation of a wider range of
political views, or the guarantee that a broader array of issues would
be debated in campaigns.
Curb Increases in the Cost of Campaigns:
The public financing programs in Maine and Arizona each were designed
to have a two-pronged approach for the third goal--curbing increases
in the costs of campaign spending. Each program:
* imposed spending limits and certain other requirements on candidates
who chose to participate in the public financing program, and:
* reduced the total amount of money that nonparticipating candidates
were allowed to accept from each campaign contributor.
Proponents of the public financing programs in Maine and Arizona
contended that escalating campaign costs helped deter candidates from
running for office. The intended outcome of this approach was to lower
the cost of running for office by reducing and capping the amount of
money available for campaign spending. Opponents argued that worthy
candidates will garner public support and therefore do not need public
financing to run their campaigns. Opponents also cited concerns that
rising campaign costs are overstated and that most campaign
fundraising comes from individuals who give less than the legal limit.
Reduce the Influence of Interest Groups:
A fourth goal of the public financing programs in Maine and Arizona
was to enhance the confidence of citizens in government by reducing
the influence of interest groups in the political process. The public
financing programs in Maine and Arizona imposed campaign contribution
limits on participating candidates and reduced the need for
participating candidates to raise funds from private donors, such as
interest groups, with the intent of eliminating any undue influence,
or the perception of influence, large campaign contributors may have
on participating candidates. For instance, the "findings and
declarations" section of Arizona's 1998 Act stated, among other
things, that the then current election-financing system "effectively
suppresses the voices and influence of the vast majority of Arizona
citizens in favor of a small number of wealthy special interests" and
"undermines public confidence in the integrity of public officials."
From an overall perspective, proponents asserted that public financing
programs should enhance the confidence of citizens in government by
increasing the integrity of the political process and the
accountability of officials.
On the other hand, opponents asserted that, under the traditional
campaign financing system, the voices of citizens are represented
through competing interest groups. Opponents further asserted there is
no evidence that government-financed campaigns attract more worthy
candidates than do the traditional system or that, once elected, the
publicly financed candidates vote any differently as legislators than
do traditionally financed candidates. Moreover, some opponents argued
that interest groups can still assert influence on the political
process through means other than contributing directly to candidates'
political campaigns, such as contributions to political parties,
independent expenditures on behalf of or for opposing candidates, as
well as providing nonfinancial resources such as mobilizing members to
volunteer for grassroots activities.
Increase Voter Participation:
Increasing voter participation, as indicated by increases in voter
turnout, was the fifth goal of public financing programs in Maine and
Arizona. Proponents asserted that public financing increases voter
participation by encouraging citizens to become involved in the
political process and by increasing electoral competition. Proponents
contended that the public financing programs increase communication
between candidates and voters and encourage participating candidates
or volunteers to go door-to-door to meet with voters and to collect $5
qualifying contributions. As a result, citizens would feel more
involved in the political process and would be more likely to vote in
legislative elections. Further, proponents argued that increased
competition resulting from public financing would also increase voter
turnout because more voters would be attracted by a more diverse set
of candidates. Opponents stated that research on public financing
programs and their effect on voter turnout is limited or anecdotal,
and there is no evidence that citizens will become more engaged in the
political process and be more likely to vote. Further, opponents cited
the declining number of taxpayers who voluntarily provide
contributions to the presidential and state public financing programs
on their income tax forms as a reflection of the public's waning
participation and support.
Other States with Public Financing Programs:
Since the 1970s, states and localities have offered a variety of
programs providing public funds directly to candidates' campaigns for
statewide and legislative races. A July 2009 Congressional Research
Service report identified 16 states offering direct public funding to
candidates using two major types of public financing
frameworks.[Footnote 26] According to this report, 10 of these states
offered public financing programs that were primarily designed to
match candidates' private campaign contributions, thereby reducing the
need for private fundraising.[Footnote 27] These programs varied
widely, but generally the amount of public funds candidates received
in this type of program depended on the amount the candidates raised
and provided partial funding for candidates' campaigns. Seven of these
16 states, including Maine and Arizona, offered full public financing
programs for certain offices that provided fixed subsidies to
candidates once they met basic qualifications.[Footnote 28] During the
2007 and 2008 election cycle, these 7 states offered full public
financing programs for candidates running for those statewide and
legislative offices shown in table 2.
Table 2: States Offering Full Public Financing Programs during the
2007 and 2008 Election Cycle:
State: Maine;
Offices for which candidates were eligible to receive full public
funding: Governor and all legislative offices.
State: Arizona;
Offices for which candidates were eligible to receive full public
funding: Governor, secretary of state, attorney general, treasurer,
superintendent of public instruction, corporation commissioner, mine
inspector, and all legislative offices.
State: Connecticut;
Offices for which candidates were eligible to receive full public
funding: All legislative offices.
State: New Jersey;
Offices for which candidates were eligible to receive full public
funding: Senate and General Assembly members in three legislative
districts (14, 24, and 37), general election (pilot program).
State: New Mexico;
Offices for which candidates were eligible to receive full public
funding: Public regulation commission and statewide judicial offices.
State: North Carolina;
Offices for which candidates were eligible to receive full public
funding: State appellate and Supreme Court judicial offices, auditor,
superintendent of public instruction, and insurance commissioner.
State: Vermont;
Offices for which candidates were eligible to receive full public
funding: Governor and lieutenant governor.
Source: GAO analysis of state laws.
[End of table]
Appendix III describes full public financing programs available in the
2007 and 2008 legislative elections in the two states other than Maine
and Arizona that offer them--Connecticut and New Jersey.
Public Financing Proposals at the Federal Level:
In nearly every session since 1956, Congress has considered
legislation for public financing of congressional elections, although
no law has been enacted. There are several bills pending in the
current 111th session of Congress addressing public financing of
congressional elections. Two of these are companion bills (H.R. 1826
and S.752) respectively addressing elections to the House of
Representatives and the Senate by proposing voluntary public funding
systems with a mix of predetermined funding amounts, matching funds,
and vouchers for the purchase of airtime on broadcast stations for
political advertisements.[Footnote 29] Two other bills propose
variations for funding House elections--H.R. 2056 proposes a voluntary
public funding system for House elections, and H.R. 158 proposes a
grant system to exclusively fully fund House campaigns during general
elections.[Footnote 30] In July 2009 the House Administration
Committee held hearings on H.R. 1826.[Footnote 31] These bills were
referred to committees in 2009 and as of April 2010 were pending.
Factors Influencing Effects of Public Financing Programs and Elections:
Many factors, such as the popularity and experience of the candidates,
can influence the competitiveness and outcomes of elections and the
interpretation of the effects of public financing programs. For
example, term limits--limits on the number of terms elected officials
such as legislators can serve--and redistricting--the redrawing of
state electoral boundaries such as those for legislative districts in
response to the decennial census--are factors that complicate the
interpretation of available data. Other factors not directly related
to public or private financing can also affect electoral campaigns and
outcomes, such as economic conditions or particularly controversial
ballot initiatives.
Legislative Candidates' Participation in Public Financing Programs in
Maine and Arizona Increased from 2000 to 2008; Limited Data on
Candidates Are Available:
In Maine and Arizona, legislative candidates' participation in the
public financing programs (measured by the percentage of candidates
participating and the proportion of races with a participating
candidate) increased from 2000 to 2008; although limited data on
candidates' characteristics are available. Specifically, Maine
candidates' participation rates more than doubled in the primary and
general elections from 2000 to 2004 and remained high through 2008
(over 70 percent); among incumbents, the majority participated from
2002 through 2008; and more Democrats (rather than Republicans)
participated. In Maine, participating candidates were more likely to
win their races. In Arizona, candidates' participation rates more than
doubled in the primary and general elections from 2000 to 2008, with
higher percentages of challengers (rather than incumbents) and
Democrats (rather than Republicans) participating. In Arizona,
nonparticipating candidates were more likely to win their races than
were participating candidates. Other than incumbency status and
political party affiliation, states did not maintain data that would
allow us to assess candidates' characteristics, such as their
experience or demographic characteristics.
Maine Legislative Candidates' Participation Increased from 2000 to
2008:
Maine Legislative Candidates' Participation Rates More Than Doubled in
the Primary and General Elections from 2000 to 2004 and Remained High
through 2008:
The participation rate of legislative candidates (i.e., percentage of
legislative candidates participating in the public financing program)
in Maine's primary elections more than doubled in the first three
election cycles after public financing became available.[Footnote 32]
As shown in figure 1, the participation rate increased from 32 percent
in 2000 to 72 percent in 2004 and remained over 70 percent from 2004
to 2008. Similarly, the participation rate of legislative candidates
in Maine's general elections more than doubled from 33 percent in 2000
to 79 percent in 2004 and then remained over 80 percent for the 2006
and 2008 elections.
Figure 1: Legislative Candidates' Participation in Maine's Public
Financing Program in the Primary and General Elections, 2000 through
2008:
[Refer to PDF for image: 2 stacked vertical bar graphs]
Primary elections:
Election year: 2000;
Nonparticipating: 68%;
participating: 32%.
Election year: 2002;
Nonparticipating: 48%;
participating: 52%.
Election year: 2004;
Nonparticipating: 28%;
participating: 72%.
Election year: 2006;
Nonparticipating: 26%;
participating: 74%.
Election year: 2008;
Nonparticipating: 26%;
participating: 74%.
General elections:
Election year: 2000;
Nonparticipating: 67%;
participating: 33%.
Election year: 2002;
Nonparticipating: 38%;
participating: 62%;
Election year: 2004;
Nonparticipating: 21%;
participating: 79%.
Election year: 2006;
Nonparticipating: 19%;
participating: 81%.
Election year: 2008;
Nonparticipating: 18%;
participating: 82%.
Source: GAO analysis of Maine election results data.
Note: We excluded candidates who received zero votes and write-in
candidates whose names did not appear on the ballot. The number of
Maine legislative candidates who ran in the primary election each year
was: 369 candidates in 2000, 400 candidates in 2002, 429 candidates in
2004, 410 candidates in 2006, and 402 candidates in 2008. The number
of Maine legislative candidates who ran in the general election each
year was: 350 candidates in 2000, 370 candidates in 2002, 391
candidates in 2004, 387 candidates in 2006, and 369 candidates in 2008.
[End of figure]
Maine Candidates Cited a Range of Reasons Why They Chose to
Participate or Not Participate in the Public Financing Program:
When asked the main reasons for choosing to run their campaign with or
without public funds in the 2008 election, the 11 candidates we
interviewed in Maine offered a range of reasons why they chose to
participate or not participate in the public financing program. Five
of the 6 participating candidates cited difficulties associated with
raising enough private funds to run a competitive campaign. Among the
difficulties mentioned were the amount of time and energy required to
fundraise, as well as the amount of funds needed to compete with a
well-financed opponent. In addition, 4 of the 6 participating
candidates said that participating in the public financing program
allowed them to spend more time focusing on communicating with voters.
For example, one candidate said that participating in the public
financing program freed him up so he could focus on meeting with
constituents and learning what issues were important to them, rather
than having to spend his time asking for money. Further, 3 of the 6
participating candidates said that they wanted to be free of the
influence of interest groups or other campaign contributors, and 2 of
these candidates felt that it was strategically advantageous to
participate in the public financing program. One of these candidates
explained that he did not want to have to spend time raising funds
while his opponent could use the time to campaign and still receive
the same amount of money. We also asked candidates about specific
factors they may have considered when choosing to run their campaign
with public funds. Table 3 presents the number of participating
candidates who said that they had considered each of the following
factors when they decided to participate in the public financing
program.
Table 3: Factors Maine Candidates Reported Considering When Deciding
to Participate in the Public Financing Program in the 2008 Elections:
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You did not want to feel obligated to
special interest groups or lobbyists;
Number of participating candidates: 5.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: Receiving public funds allowed you to
spend more time discussing issues;
Number of participating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You believe that the public financing
program promotes the accountability of legislators to the public;
Number of participating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: Other than collecting "seed money" and
the $5 contributions, you are opposed to traditional methods of
funding election campaigns;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: The matching funds provision of the
program discouraged opponents, special interest groups, and lobbyists
from campaigning against you;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You did not think you would be able to
raise enough funds through traditional means to run a competitive
campaign;
Number of participating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You ran with public funding due to
particular circumstances in your district; however, you still have
strong reservations about supporting the overall goals of the public
financing program;
Number of participating candidates: 2.
Source: GAO analysis of candidate interview responses.
Note: We interviewed 6 participating candidates in Maine. Candidates
could select more than one response.
[End of table]
The 5 nonparticipating candidates we interviewed in Maine most
frequently mentioned opposition to using public funds for election
campaigns as one of the main reasons they chose not to participate in
the public financing program in 2008. For example, 4 of the 5
nonparticipating candidates said they were opposed to public financing
of elections for a range of reasons, including concern over the
state's fiscal situation. One nonparticipating candidate said he chose
not to participate because he did not want restrictions on how he ran
his campaign. He explained that he had more flexibility with private
funds and could donate excess campaign funds to nonprofit
organizations after the election. In addition, one candidate told us
that he was not opposed to the public financing program, but did not
participate because he did not intend to run a campaign and
anticipated that another candidate would take his place before the
general election.[Footnote 33] We also asked the 5 nonparticipating
candidates if they considered any of the factors listed in table 4
when they chose not to participate in the public financing program;
their responses appear alongside each factor in the table.
Table 4: Factors Maine Candidates Reported Considering When Deciding
Not to Participate in the Public Financing Program in the 2008
Elections:
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that public funds
are better used for purposes other than election campaigns;
Number of nonparticipating candidates: 5.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You are opposed to public
funding of election campaigns;
Number of nonparticipating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that the public
funding forces taxpayers to fund candidates they may not support;
Number of nonparticipating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that the use of
public funds adds burdensome reporting requirements to election
campaigns;
Number of nonparticipating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You did not want restrictions
on your campaign spending;
Number of nonparticipating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You had sufficient funds
without using public funds;
Number of nonparticipating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You are opposed to specific
provisions of the public financing program;
Number of nonparticipating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You did not want to learn a
new campaign finance system;
Number of nonparticipating candidates: 0.
Source: GAO analysis of candidate interview responses.
Note: We interviewed 5 nonparticipating candidates in Maine.
Candidates could select more than one response.
[End of table]
The Majority of Incumbents in Maine Participated in the Public
Financing Program from 2002 through 2008:
Incumbent candidates' participation in the public financing program in
general elections in Maine generally increased from 2000 to 2008, with
the majority of incumbent candidates participating in the program from
2002 through 2008.[Footnote 34] As shown in figure 2, participating
incumbent candidates, as a percentage of all candidates, increased
from 10 percent in 2000 to 29 percent in 2008.
Figure 2: Public Financing Program Participation and Incumbency Status
in Maine General Elections, 2000 through 2008:
[Refer to PDF for image: stacked vertical bar graph]
Election year: 2000;
Nonparticipating challengers: 39%;
Participating challengers: 23%;
Nonparticipating incumbents: 28%;
Participating incumbents: 10%.
Election year: 2002;
Nonparticipating challengers: 22%;
Participating challengers: 46%;
Nonparticipating incumbents: 16%;
Participating incumbents: 17%.
Election year: 2004;
Nonparticipating challengers: 13%;
Participating challengers: 53%;
Nonparticipating incumbents: 8%;
Participating incumbents: 25%.
Election year: 2006;
Nonparticipating challengers: 12%;
Participating challengers: 51%;
Nonparticipating incumbents: 6%;
Participating incumbents: 30%.
Election year: 2008;
Nonparticipating challengers: 11%;
Participating challengers: 53%;
Nonparticipating incumbents: 7%;
Participating incumbents: 29%.
Source: GAO analysis of Maine election results data.
Note: We define incumbents as candidates who held a seat from the
previous legislative session in the same chamber. Challengers are
defined as any candidates who are not incumbents, regardless of
whether they faced an opponent in their race. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. The total number of legislative candidates per
general election per year was: 350 candidates in 2000, 370 candidates
in 2002, 391 candidates in 2004, 387 candidates in 2006, and 369
candidates in 2008. Percentages may not add to 100 due to rounding.
[End of figure]
Further, the percentage of participating incumbents grew from 27
percent of incumbent candidates in 2000 to 80 percent of incumbent
candidates in 2008.
Participating Candidates in Maine Were Generally More Likely to Win:
Participating incumbents and challengers in Maine's legislative races
were generally slightly more likely to win than nonparticipating
incumbents and challengers who ran in general elections held from 2000
through 2008, as shown in table 5.
Table 5: Percentage of Winning Legislative Candidates by Participation
and Incumbent Status in Maine General Elections, 2000 through 2008:
Type of candidate: Challengers[B];
Election year: 2000;
Participating candidates: Number: 80;
Participating candidates: Percent who won[A]: 34%;
Nonparticipating candidates: Number: 136;
Nonparticipating candidates: Percent who won[A]: 25%.
Type of candidate: Challengers[B];
Election year: 2002;
Participating candidates: Number: 169;
Participating candidates: Percent who won[A]: 33%;
Nonparticipating candidates: Number: 81;
Nonparticipating candidates: Percent who won[A]: 32%.
Type of candidate: Challengers[B];
Election year: 2004;
Participating candidates: Number: 209;
Participating candidates: Percent who won[A]: 28%;
Nonparticipating candidates: Number: 51;
Nonparticipating candidates: Percent who won[A]: 26%.
Type of candidate: Challengers[B];
Election year: 2006;
Participating candidates: Number: 198;
Participating candidates: Percent who won[A]: 25%;
Nonparticipating candidates: Number: 48;
Nonparticipating candidates: Percent who won[A]: 19%.
Type of candidate: Challengers[B];
Election year: 2008;
Participating candidates: Number: 195;
Participating candidates: Percent who won[A]: 30%;
Nonparticipating candidates: Number: 39;
Nonparticipating candidates: Percent who won[A]: 8%.
Type of candidate: Incumbents[C];
Election year: 2000;
Participating candidates: Number: 36;
Participating candidates: Percent who won[A]: 97%;
Nonparticipating candidates: Number: 98;
Nonparticipating candidates: Percent who won[A]: 92%.
Type of candidate: Incumbents[C];
Election year: 2002;
Participating candidates: Number: 62;
Participating candidates: Percent who won[A]: 89%;
Nonparticipating candidates: Number: 58;
Nonparticipating candidates: Percent who won[A]: 85%.
Type of candidate: Incumbents[C];
Election year: 2004;
Participating candidates: Number: 99;
Participating candidates: Percent who won[A]: 88%;
Nonparticipating candidates: Number: 32;
Nonparticipating candidates: Percent who won[A]: 88%.
Type of candidate: Incumbents[C];
Election year: 2006;
Participating candidates: Number: 116;
Participating candidates: Percent who won[A]: 91%;
Nonparticipating candidates: Number: 25;
Nonparticipating candidates: Percent who won[A]: 84%.
Type of candidate: Incumbents[C];
Election year: 2008;
Participating candidates: Number: 108;
Participating candidates: Percent who won[A]: 93%;
Nonparticipating candidates: Number: 27;
Nonparticipating candidates: Percent who won[A]: 93%.
Source: GAO analysis of Maine election results data.
Notes: Although there are differences in the percentages of
participating and nonparticipating candidates, the information in this
table does not provide evidence that program participation influences
an individual candidate's likelihood of winning.
[A] Indicates the percentage of candidates within the category who won
their election. For example, in the 2000 general election, of the 80
participating candidates who were challengers, 34 percent, or 27
participating challenger candidates, won, and the remaining 66
percent, or 53 participating challenger candidates, lost.
[B] Challengers are defined as any candidates who are not incumbents,
regardless of whether they faced an opponent in their race.
[C] Incumbents are defined as candidates who held a seat from the
previous legislative session in the same chamber.
[End of table]
Democrats Participating at a Higher Rate in the Public Financing
Program in Maine than Republicans:
Since 2000, more Democrats than Republicans participated in the public
financing program in Maine primary and general elections, in terms of
the proportion of candidates who participated. For example, while the
rate at which Republican legislative candidates in the primary
elections participated in the public financing program increased by
about 41 percentage points from 2000 to 2008 (from 22 percent to 63
percent), the participation rate remains below that of Democrats,
whose participation rate increased by about 48 percentage points in
the primary election during the same period (from 39 percent to 87
percent), as shown in figure 3. For both Democrats and Republicans,
most of the growth in participation rates occurred between the 2000
and 2004 legislative elections, whereas participation rates have been
relatively stable over the past three election cycles (2004, 2006, and
2008) in both the primary and general elections. For example,
participation rates increased in the primary elections by about 4
percentage points among Democrats (from 83 percent to 87 percent), and
by 1 percentage point among Republicans (from 62 percent to 63
percent) between the 2004 and 2008 election cycles. In all election
years, more Democrats participated in the public financing program
than Republicans did, in terms of the proportion of candidates who
participated.
Figure 3: Legislative Candidates by Political Party Affiliation and
Participation Status in Maine Primary and General Elections, 2000
through 2008:
[Refer to PDF for image: 4 stacked vertical bar graphs]
Primary Elections:
Democrats: Election year: 2000;
Nonparticipating: 61%;
Participating: 39%.
Democrats: Election year: 2002;
Nonparticipating: 38%;
Participating: 62%.
Democrats: Election year: 2004;
Nonparticipating: 13%;
Participating: 87%.
Democrats: Election year: 2006;
Nonparticipating: 13%;
Participating: 87%;
Democrats: Election year: 2008;
Nonparticipating: 13%;
Participating: 87%;
Republicans: Election year: 2000;
Nonparticipating: 78%;
Participating: 22%.
Republicans: Election year: 2002;
Nonparticipating: 59%;
Participating: 41%;
Republicans: Election year: 2004;
Nonparticipating: 38%;
Participating: 62%.
Republicans: Election year: 2006;
Nonparticipating: 39%;
Participating: 62%.
Republicans: Election year: 2008;
Nonparticipating: 37%;
Participating: 63%.
General elections:
Democrats: Election year: 2000;
Nonparticipating: 56%;
Participating: 44%.
Democrats: Election year: 2002;
Nonparticipating: 30%;
Participating: 70%.
Democrats: Election year: 2004;
Nonparticipating: 14%;
Participating: 86%.
Democrats: Election year: 2006;
Nonparticipating: 8%;
Participating: 92%;
Democrats: Election year: 2008;
Nonparticipating: 8%;
Participating: 92%.
Republicans: Election year: 2000;
Nonparticipating: 77%;
Participating: 23%.
Republicans: Election year: 2002;
Nonparticipating: 45%;
Participating: 55%.
Republicans: Election year: 2004;
Nonparticipating: 29%;
Participating: 71%.
Republicans: Election year: 2006;
Nonparticipating: 27%;
Participating: 74%.
Republicans: Election year: 2008;
Nonparticipating: 28%;
Participating: 72%.
Source: GAO analysis of Maine election results data.
Note: We excluded candidates who received zero votes and write-in
candidates whose names did not appear on the ballot. The number of
Democratic candidates per primary election was: 193 in 2000, 196 in
2002, 204 in 2004, 199 in 2006, and 204 in 2008; the number of
Republican candidates per primary election was: 172 in 2000, 191 in
2002, 202 in 2004, 200 in 2006, 184 in 2008; the number of Democratic
candidates per general election was: 173 in 2000, 173 in 2002, 180 in
2004, 186 in 2006, 184 in 2008; and the number of Republican
candidates per general election was: 150 in 2000, 168 in 2002, 182 in
2004, 178 in 2006, 166 in 2008. Percentages may not add to 100 because
of rounding.
[End of figure]
Arizona Legislative Candidates' Participation Increased from 2000 to
2008:
Arizona Legislative Candidate Participation Rates More Than Doubled in
the Primary and General Elections from 2000 to 2008:
In Arizona, the participation rate of legislative candidates in
primary elections doubled after the first election cycle when public
financing became available, from 24 percent in 2000 to 50 percent in
2002.[Footnote 35] The participation rate then steadily increased over
the next three elections to 59 percent in 2008, as shown in figure 4.
Similarly, the participation rate of legislative candidates in
Arizona's general elections almost doubled after 2000, when it was 26
percent, to 49 percent in 2002, and then steadily increased over the
next three elections to 64 percent in 2008.
Figure 4: Legislative Candidates' Participation in Arizona's Public
Financing Program in Primary and General Elections, 2000 through 2008:
[Refer to PDF for image: 2 stacked vertical bar graphs]
Primary elections:
Election year: 2000;
Nonparticipating: 76%;
Participating: 24%.
Election year: 2002;
Nonparticipating: 50%;
Participating: 50%.
Election year: 2004;
Nonparticipating: 45%;
Participating: 55%.
Election year: 2006;
Nonparticipating: 44%;
Participating: 56%.
Election year: 2008;
Nonparticipating: 41%;
Participating: 59%.
General elections:
Election year: 2000;
Nonparticipating: 74%;
Participating: 26%;
Election year: 2002;
Nonparticipating: 51%;
Participating: 49%;
Election year: 2004;
Nonparticipating: 48%;
Participating: 52%.
Election year: 2006;
Nonparticipating: 47%;
Participating: 53%.
Election year: 2008;
Nonparticipating: 36%;
Participating: 64%.
Source: GAO analysis of Arizona election results data.
Note: We excluded candidates who received zero votes and write-in
candidates whose names did not appear on the ballot. The number of
Arizona legislative candidates who ran in the primary election each
year was: 226 candidates in 2000, 222 candidates in 2002, 187
candidates in 2004, 199 candidates in 2006, and 198 candidates in
2008. The number of Arizona legislative candidates who ran in the
general election each year was: 158 candidates in 2000, 150 candidates
in 2002, 149 candidates in 2004, 158 candidates in 2006, and 159
candidates in 2008.
[End of figure]
Arizona Candidates Cited a Range of Reasons Why They Chose to
Participate or Not Participate in the Public Financing Program:
The 11 candidates we interviewed in Arizona offered a range of reasons
why they chose to participate or not participate in the public
financing program when asked the main reasons for choosing to run
their campaign with or without public funds in the 2008 election. Four
of the 5 participating candidates we interviewed cited wanting more
time to focus on interaction with voters when asked the main reasons
for choosing to run their campaign with public funds in the 2008
elections. One of these candidates explained that collecting the $5
contributions strengthens candidates' connections to voters at the
grass roots level. Candidates cited other reasons for participation.
The desire to be free of the influence of interest groups or other
campaign contributors was among the reasons 3 of the 5 candidates gave
for participating in the public financing program. One candidate
explained that participating candidates are not reliant on interest
groups and are only beholden to their constituents. Three candidates
said difficulties associated with raising adequate private funds to
run a competitive election campaign was one of the reasons they chose
to participate. For example, one candidate said that as a first-time
candidate, he did not know how to raise money, so without the public
financing program he would not have been able to compete against the
incumbent candidate. Two candidates said it was strategically
advantageous to participate in the public financing program. One of
these candidates told us that he decided to participate in the public
financing program because he would feel like he was funding his
opponents if he raised private funds and the participating candidates
in his race received matching funds based upon his spending. We also
asked candidates about specific factors they may have considered when
choosing to run their campaigns with public funds. Table 6 presents
the number of participating candidates who said that they had
considered each of the following factors when they decided to
participate in the public financing program.
Table 6: Factors Arizona Candidates Reported Considering When Deciding
to Participate in the Public Financing Program in the 2008 Elections:
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You did not want to feel obligated to
special interest groups or lobbyists;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You did not think you would be able to
raise enough funds through traditional means to run a competitive
campaign;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: Receiving public funds allowed you to
spend more time discussing issues;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You believe the public financing program
promotes the accountability of legislators to the public;
Number of participating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: Other than collecting "seed money" and
the $5 contributions, you are opposed to traditional methods of
funding election campaigns;
Number of participating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: The matching funds provision of the
program discouraged opponents, special interest groups, and lobbyists
from campaigning against you;
Number of participating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose to participate in the public financing
program in the 2008 election: You ran with public funding due to
particular circumstances in your district;
however, you still have strong reservations about supporting the
overall goals of the public financing program;
Number of participating candidates: 2.
Source: GAO analysis of candidate interview responses.
Note: We interviewed 5 participating candidates in Arizona. Candidates
could select more than one response.
[End of table]
The 6 nonparticipating candidates we interviewed most frequently cited
opposition to using public funds for election campaigns as one of the
main reasons they chose to use private rather than public funds for
their campaigns. Five of the 6 nonparticipating candidates said that
they were opposed to using public funds for election campaigns for
various reasons, which included the belief that public financing
program forces taxpayers to fund candidates that they may not support,
[Footnote 36] and the belief that funds could be better spent on
government services, such as healthcare for children, or to reduce the
state's deficit.[Footnote 37] In addition, 2 candidates said they did
not participate because they did not want restrictions on how they ran
their campaigns, such as the limit on the amount of money candidates
may raise. Another candidate told us that he is opposed to the public
financing program because he does not believe that the Citizens Clean
Elections Commission should have the authority to remove legislators
from office for violating the rules of the public financing program.
Additionally, 1 nonparticipating candidate said that she did not
participate because her primary race was uncontested, so the public
financing program would provide meager resources and not enough for
her to communicate with voters.[Footnote 38] We also asked the 6
nonparticipating candidates if they considered any of the factors
listed in table 7 when they chose not to participate in the public
financing program; their responses appear alongside each factor in the
table.
Table 7: Factors Arizona Candidates Reported Considering When Deciding
Not to Participate in the Public Financing Program in the 2008
Elections:
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that public funds
are better used for purposes other than election campaigns;
Number of nonparticipating candidates: 5.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You had sufficient funds
without using public funds;
Number of nonparticipating candidates: 5.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You are opposed to specific
provisions of the public financing program;
Number of nonparticipating candidates: 5.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You are opposed to public
funding of election campaigns;
Number of nonparticipating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that public
funding forces taxpayers to fund candidates that they may not support;
Number of nonparticipating candidates: 4.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You believe that the use of
public funds adds burdensome reporting requirements to election
campaigns;
Number of nonparticipating candidates: 3.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You did not want restrictions
on your campaign spending;
Number of nonparticipating candidates: 2.
GAO interview question: Were any of the following factors
considerations when you chose not to participate in the public
financing program in the 2008 election: You did not want to learn a
new campaign finance system;
Number of nonparticipating candidates: 1.
Source: GAO analysis of candidate interview responses.
Note: We interviewed 6 nonparticipating candidates in Arizona.
Candidates could select more than one response.
[End of table]
The Majority of Incumbents in Arizona Ran Privately-Financed Campaigns
from 2000 through 2008:
Incumbent candidates' participation in the public financing program in
general elections in Arizona increased from 2000 to 2008; however, the
majority of incumbent candidates did not participate in the program
over these five election cycles. Figure 5 shows that participating
incumbent candidates, as a percentage of all candidates, generally
increased from 4 percent in 2000 to 18 percent in the 2008 general
elections.
Figure 5: Public Financing Program Participation and Incumbency Status
in Arizona General Elections, 2000 through 2008:
[Refer to PDF for image: stacked vertical bar graph]
Election year: 2000;
Nonparticipating challengers: 43%;
Participating challengers: 22%;
Nonparticipating incumbents: 31%;
Participating incumbents: 4%.
Election year: 2002;
Nonparticipating challengers: 29%;
Participating challengers: 42%;
Nonparticipating incumbents: 22%;
Participating incumbents: 7%.
Election year: 2004;
Nonparticipating challengers: 24%;
Participating challengers: 36%;
Nonparticipating incumbents: 23%;
Participating incumbents: 16%.
Election year: 2006;
Nonparticipating challengers: 21%;
Participating challengers: 39%;
Nonparticipating incumbents: 26%;
Participating incumbents: 15%.
Election year: 2008;
Nonparticipating challengers: 14%;
Participating challengers: 47%;
Nonparticipating incumbents: 21%;
Participating incumbents: 18%.
Source: GAO analysis of Arizona election results data.
Note: Incumbents are defined as candidates who held a seat from the
previous legislative session in the same chamber. Challengers are
defined as any candidates who are not incumbents, regardless of
whether they faced an opponent in their race. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. The total number of legislative candidates per
general election per year was: 158 candidates in 2000, 150 candidates
in 2002, 149 candidates in 2004, 158 candidates in 2006, and 159
candidates in 2008. Percentages may not add to 100 due to rounding.
[End of figure]
Nonparticipating Candidates in Arizona Were Generally More Likely to
Win:
Nonparticipating legislative incumbents and challengers in Arizona
were generally more likely to win than participating incumbents and
challengers who ran in elections held from 2000 through 2008, as shown
in table 8.
Table 8: Percentage of Winning Legislative Candidates by Participation
and Incumbent Status in Arizona General Elections, 2000 through 2008:
Type of candidate: Challengers[B];
Election year: 2000;
Participating candidates: Number: 35;
Participating candidates: Percent who won[A]: 23%;
Nonparticipating candidates: Number: 68;
Nonparticipating candidates: Percent who won[A]: 43%.
Type of candidate: Challengers[B];
Election year: 2002;
Participating candidates: Number: 63;
Participating candidates: Percent who won[A]: 40%;
Nonparticipating candidates: Number: 44;
Nonparticipating candidates: Percent who won[A]: 57%.
Type of candidate: Challengers[B];
Election year: 2004;
Participating candidates: Number: 54;
Participating candidates: Percent who won[A]: 35%;
Nonparticipating candidates: Number: 36;
Nonparticipating candidates: Percent who won[A]: 39%.
Type of candidate: Challengers[B];
Election year: 2006;
Participating candidates: Number: 61;
Participating candidates: Percent who won[A]: 28%;
Nonparticipating candidates: Number: 33;
Nonparticipating candidates: Percent who won[A]: 33%.
Type of candidate: Challengers[B];
Election year: 2008;
Participating candidates: Number: 74;
Participating candidates: Percent who won[A]: 31%;
Nonparticipating candidates: Number: 23;
Nonparticipating candidates: Percent who won[A]: 30%.
Type of candidate: Incumbents[C];
Election year: 2000;
Participating candidates: Number: 6;
Participating candidates: Percent who won[A]: 100%;
Nonparticipating candidates: Number: 49;
Nonparticipating candidates: Percent who won[A]: 96%.
Type of candidate: Incumbents[C];
Election year: 2002;
Participating candidates: Number: 10;
Participating candidates: Percent who won[A]: 70%;
Nonparticipating candidates: Number: 33;
Nonparticipating candidates: Percent who won[A]: 100%.
Type of candidate: Incumbents[C];
Election year: 2004;
Participating candidates: Number: 24;
Participating candidates: Percent who won[A]: 96%;
Nonparticipating candidates: Number: 35;
Nonparticipating candidates: Percent who won[A]: 97%.
Type of candidate: Incumbents[C];
Election year: 2006;
Participating candidates: Number: 23;
Participating candidates: Percent who won[A]: 91%;
Nonparticipating candidates: Number: 41;
Nonparticipating candidates: Percent who won[A]: 100%.
Type of candidate: Incumbents[C];
Election year: 2008;
Participating candidates: Number: 28;
Participating candidates: Percent who won[A]: 93%;
Nonparticipating candidates: Number: 34;
Nonparticipating candidates: Percent who won[A]: 100%.
Source: GAO analysis of Arizona election results data.
Notes: Although there are differences in the percentages of
participating and nonparticipating candidates, the information in this
table does not provide evidence that program participation influences
an individual candidate's likelihood of winning.
[A] Indicates the percentage of candidates within the category who won
their election. For example, in the 2000 general election, of the 35
participating candidates who were challengers, 23 percent, or 8
participating challenger candidates, won, and the remaining 77
percent, or 27 participating challenger candidates, lost.
[B] Challengers are defined as any candidates who are not incumbents,
regardless of whether they faced an opponent in their race.
[C] Incumbents are defined as candidates who held a seat from the
previous legislative session in the same chamber.
[End of table]
Democrats Participating at a Higher Rate in the Public Financing
Program in Arizona than Republicans:
In Arizona primary and general legislative elections, more Democrats
than Republicans participated in the public financing program, in
terms of the proportion of candidates who participated, although, as
shown in figure 6, the participation gap between Democrats and
Republicans has narrowed since 2000. For example, the percentage of
Democrats who participated in the public financing program during the
primary election increased by about 30 percentage points (from 42
percent to 72 percent) from 2000 to 2008, while the rate of
participation among Republican candidates increased by about 41
percentage points (from 9 percent to 50 percent) over the same period.
Figure 6: Legislative Candidates by Political Party Affiliation and
Participation Status in Arizona Primary and General Elections, 2000
through 2008:
[Refer to PDF for image: 4 stacked vertical bar graphs]
Primary Elections:
Democrats: Election year: 2000;
Nonparticipating: 58%;
Participating: 42%.
Democrats: Election year: 2002;
Nonparticipating: 40%;
Participating: 60%.
Democrats: Election year: 2004;
Nonparticipating: 37%;
Participating: 63%.
Democrats: Election year: 2006;
Nonparticipating: 31%;
Participating: 70%;
Democrats: Election year: 2008;
Nonparticipating: 28%;
Participating: 72%;
Republicans: Election year: 2000;
Nonparticipating: 91%;
Participating: 9%.
Republicans: Election year: 2002;
Nonparticipating: 59%;
Participating: 41%;
Republicans: Election year: 2004;
Nonparticipating: 46%;
Participating: 54%.
Republicans: Election year: 2006;
Nonparticipating: 59%;
Participating: 51%.
Republicans: Election year: 2008;
Nonparticipating: 50%;
Participating: 50%.
General elections:
Democrats: Election year: 2000;
Nonparticipating: 54%;
Participating: 45%.
Democrats: Election year: 2002;
Nonparticipating: 37%;
Participating: 63%.
Democrats: Election year: 2004;
Nonparticipating: 34%;
Participating: 56%.
Democrats: Election year: 2006;
Nonparticipating: 28%;
Participating: 73%;
Democrats: Election year: 2008;
Nonparticipating: 18%;
Participating: 82%.
Republicans: Election year: 2000;
Nonparticipating: 91%;
Participating: 9%.
Republicans: Election year: 2002;
Nonparticipating: 66%;
Participating: 34%.
Republicans: Election year: 2004;
Nonparticipating: 50%;
Participating: 50%.
Republicans: Election year: 2006;
Nonparticipating: 57%;
Participating: 43%.
Republicans: Election year: 2008;
Nonparticipating: 48%;
Participating: 52%.
Source: GAO analysis of Arizona election results data.
Note: We excluded candidates who received zero votes and write-in
candidates whose names did not appear on the ballot. The number of
Democratic candidates per primary election was: 95 in 2000, 99 in
2002, 79 in 2004, 82 in 2006, and 93 in 2008; the number of Republican
candidates per primary election was: 114 in 2000, 114 in 2002, 97 in
2004, 108 in 2006, 94 in 2008; the number of Democratic candidates per
general election was: 68 in 2000, 68 in 2002, 64 in 2004, 69 in 2006,
74 in 2008; and the number of Republican candidates per general
election was: 69 in 2000, 67 in 2002, 70 in 2004, 76 in 2006, 73 in
2008. Percentages may not add to 100 due to rounding.
[End of figure]
In Maine and Arizona, a Greater Proportion of General Election Races
from 2002 through 2008 Had at Least One Publicly Financed Legislative
Candidate Compared to 2000:
The majority of general election races in both Maine and Arizona had
at least one participating candidate in 2008, and the proportion of
races with a participating candidate has generally increased from 2000
through 2008 in both states. In Maine, the proportion of races with at
least one participating candidate doubled over the five election
cycles, from 47 percent in 2000 to 96 percent in 2008, as shown in
figure 7. In Arizona, the proportion of races with at least one
participating candidate increased steadily over the five election
cycles from 53 percent in 2000 to 82 percent in 2008.
Figure 7: Percentage of Legislative Races with at Least One Candidate
Participating in the Public Financing Programs, Maine and Arizona
General Elections, 2000 through 2008:
[Refer to PDF for image: 2 stacked vertical bar graphs]
State: Maine;
Election year: 2000;
Races with no participating candidates: 53%;
Races with at least one participating candidate: 47%.
Election year: 2002;
Races with no participating candidates: 21%;
Races with at least one participating candidate: 79%.
Election year: 2004;
Races with no participating candidates: 8%;
Races with at least one participating candidate: 92%.
Election year: 2006;
Races with no participating candidates: 2%;
Races with at least one participating candidate: 98%.
Election year: 2008;
Races with no participating candidates: 4%;
Races with at least one participating candidate: 96%.
State: Arizona;
Election year: 2000;
Races with no participating candidates: 47%;
Races with at least one participating candidate: 52%.
Election year: 2002;
Races with no participating candidates: 38%;
Races with at least one participating candidate: 62%.
Election year: 2004;
Races with no participating candidates: 33%;
Races with at least one participating candidate: 67%.
Election year: 2006;
Races with no participating candidates: 25%;
Races with at least one participating candidate: 75%.
Election year: 2008;
Races with no participating candidates: 18%;
Races with at least one participating candidate: 82%.
Source: GAO analysis of Maine and Arizona election results data.
Note: The total number of Maine races in each year was 186 (151 races
in the House of Representatives and 35 in the Senate). The total
number of Arizona races each year was 60 (30 in the House of
Representatives and 30 in the Senate).
[End of figure]
Limited Data Are Available on Candidate or District Characteristics
and Candidate Experience:
Data limitations preclude providing additional information about
legislative candidates or the districts in which they ran for office.
For example, Maine and Arizona state officials did not maintain data
to analyze candidates' experience (e.g., whether they had previously
held public office with the exception of whether a candidate was an
incumbent in a given election and political party affiliation);
qualifications (e.g., education or work experience); wealth; or
demographics (e.g., sex, age, race, or ethnicity). Additionally, data
were not available to address issues specific to individual
legislative districts, such as partisan composition, local ballot
initiatives and candidates, as well as economic or demographic factors
that could affect a candidate's participation in the public financing
programs.
Changes in One Measure of Electoral Competition Could Not Be Directly
Attributed to Maine's and Arizona's Public Financing Programs; No
Overall Changes in Voter Choice, Campaign Spending, and Interest Group
Influence, While Data Limitations Hinder Analysis of Changes in Voter
Participation:
We used a variety of statistical techniques to measure changes in five
goals of public financing before and after the implementation of
public financing and found some evidence of statistically significant
changes in one measure of electoral competition.[Footnote 39] For the
rest, we found either no overall changes or data limitations precluded
any analysis of changes. Specifically, there were differences in one
of the measures used for the goal of increased electoral competition--
the winners' margin of victory decreased--but we could not attribute
these differences directly to the public financing programs because
needed data were limited or unavailable and there are certain factors
that we could not measure, such as candidate popularity, which affect
electoral outcomes. There were no statistically significant
differences observed for the other measures of electoral competition:
contestedness (number of candidates per race) and incumbent reelection
rates. For three of the remaining four goals--increasing voter choice,
curbing increases in campaign spending, and reducing the influence of
interest groups and enhancing citizens' confidence in government--the
measurable differences were not statistically significant overall.
While there is no indication that the programs have decreased interest
group influence, some candidates and interest group officials GAO
interviewed said that campaign tactics have changed. We could not
measure differences for the fifth goal--increasing voter
participation--because of data limitations, including differences in
how voter turnout has been measured over time for Maine and Arizona.
Changes in One Measure of Electoral Competition--Winner's Victory
Margin--Could Not Be Directly Attributed to Public Financing Programs
in Maine and Arizona, While No Significant Changes Were Observed in
Two Other Measures of Electoral Competition:
Overall, the margin of victory in legislative races decreased
significantly in both Maine and Arizona compared to their respective
comparison states after the public financing programs were
implemented; however, we could not attribute these decreases directly
to the public financing programs due to factors such as candidate
popularity and changing economic conditions, which affect electoral
outcomes. On the other hand, contestedness and incumbent reelection
rates did not significantly change over time in Maine and Arizona. The
candidates and interest group representatives we interviewed from
Maine and Arizona provided various perspectives on the effect of the
public financing programs on the advantage of incumbent candidates and
the number of close races.
For Legislative Races, the Margin of Victory Decreased in Maine and
Arizona, While Contestedness and Incumbent Reelection Rates Did Not
Change in both States:
Margin of Victory:
Overall, winner's margin of victory in races decreased significantly
in both Maine and Arizona as compared to their respective comparison
states after public financing was available; however, we could not
attribute these decreases to the public financing programs due to
factors such as the qualifications or experience of the candidates and
Presidential and other top-ballot races, which could motivate certain
citizens to vote, thereby influencing electoral outcomes. We used
three different measures of margin of victory in our analyses: (1) the
average margin of victory for contested races, (2) the percentage of
close races (i.e., races decided by less than 10 percentage points),
and (3) the percentage of races that were landslides (i.e., races
decided by more than 20 percentage points).[Footnote 40]
As shown in tables 9 and 10, the average margin of victory for
contested elections declined from 22 percent before public financing
(1996 and 1998) to 19 percent after public financing (from 2000
through 2008) in Maine, and from 31 percent before public financing to
27 percent after public financing in Arizona. These changes, decreases
of about 3 percent in Maine and 4 percent in Arizona, were
statistically significantly different from the changes in the
comparison states for both Maine and Arizona, where the average margin
of victory increased about 1 percent in both the Maine and Arizona
comparison states.[Footnote 41] The adjusted differences in the
changes between Maine and Arizona and their respective comparison
states are derived from statistical models that account for other
factors that may have explained the changes, and in the case of
average margin of victory the adjusted difference is statistically
significant. Our fixed effects statistical models take into account
whether elections were for the House of Representatives or Senate, and
whether the races included incumbents. However, our results may be
sensitive to our choice of comparison states. More information on
these models and our choice of states is presented in appendix I and
the e-supplement accompanying this report, GAO-10-391SP.
We obtained similar results when we measured the margin of victory by
contrasting the percentages of close races (defined as competitive
races with a margin of victory of less than 10 percentage points) and
races that were landslides (defined as competitive races with a margin
of victory exceeding 20 percentage points).[Footnote 42] Close races
increased in Maine and Arizona after public financing was available,
by about 9 and 6 percentage points respectively. The change observed
in Arizona was significantly different from changes in the respective
comparison states, where the percentage of close races increased only
slightly or actually decreased. Landslide races also decreased in
Maine (by 7 percentage points) and Arizona (by 12 percentage points).
These changes were significantly different from the changes in the
comparison states after controlling for the other factors in our model.
Table 9: Margin of Victory Measures in Maine and Comparison States,
Changes in the Measures over Time, and Differences in the Changes
between Maine and Comparison States:
Average margin of victory[C];
Period: Before public financing;
Maine: 22.0%;
Comparison states[A]: 28.5%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Average margin of victory[C];
Period: After public financing;
Maine: 19.2%;
Comparison states[A]: 29.5%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Average margin of victory[C];
Period: Change;
Maine: -2.8%;
Comparison states[A]: 1.0%;
Observed difference in change: -3.8%;
Adjusted difference in change (SE)[B]: -6.0%[D] (1.16).
Percent of close races (less than 10 percentage points margin of
victory);
Period: Before public financing;
Maine: 23.1%;
Comparison states[A]: 20.3%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of close races (less than 10 percentage points margin of
victory);
Period: After public financing;
Maine: 32.5%;
Comparison states[A]: 23.9%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of close races (less than 10 percentage points margin of
victory);
Period: Change;
Maine: 9.4%;
Comparison states[A]: 3.6;
Observed difference in change: 5.8%;
Adjusted difference in change (SE)[B]: 7.6%[E] (3.43).
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: Before public financing;
Maine: 48.8%;
Comparison states[A]: 56.7%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: After public financing;
Maine: 42.1%;
Comparison states[A]: 55.8%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: Change;
Maine: -6.7%;
Comparison states[A]: -0.9%;
Observed difference in change: -5.8%;
Adjusted difference in change (SE)[B]: -9.4%[D] (2.17).
Source: GAO analysis of election results data.
Notes: Contested races are races with at least one or more candidate
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot.
[A] The comparison states for Maine were South Dakota, Montana, and
Connecticut (excluding 2008).
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[C] Margin of victory measures were estimated for single-member
districts only.
[D] Denotes adjusted differences which are significant at the .05
level. Differences may not add due to rounding.
[E] Denotes an adjusted difference which is significantly different
than zero at the .10 level.
[End of table]
Table 10: Margin of Victory Measures in Arizona and Comparison States,
Changes in the Measures over Time, and Differences in the Changes
between Arizona and Comparison States:
Average margin of victory[C];
Period: Before public financing;
Arizona: 31.1%;
Comparison states[A]: 22.8%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Average margin of victory[C];
Period: After public financing;
Arizona: 26.9%;
Comparison states[A]: 24.1%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Average margin of victory[C];
Period: Change;
Arizona: -4.3%;
Comparison states[A]: 1.3;
Observed difference in change: -5.6%;
Adjusted difference in change (SE)[B]: -6.2%[D] (.85).
Percent of close races (less than 10 percentage points margin of
victory);
Period: Before public financing;
Arizona: 29.2%;
Comparison states[A]: 30.8%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of close races (less than 10 percentage points margin of
victory);
Period: After public financing;
Arizona: 35.6%;
Comparison states[A]: 28.1%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of close races (less than 10 percentage points margin of
victory);
Period: Change;
Arizona: 6.4%;
Comparison states[A]: -2.7%;
Observed difference in change: 9.1%;
Adjusted difference in change (SE)[B]: 11.9%[D] (2.43).
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: Before public financing;
Arizona: 47.2%;
Comparison states[A]: 45.9%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: After public financing;
Arizona: 35.6%;
Comparison states[A]: 47.8%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Percent of landslide races (more than 20 percentage points margin of
victory);
Period: Change;
Arizona: -11.7%;
Comparison states[A]: 1.9%;
Observed difference in change: -13.6%;
Adjusted difference in change (SE)[B]: -19.6%[D] (3.20).
Source: GAO analysis of election results data.
Notes: contested races are races with at least one or more candidate
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot.
[A] The comparison states for Arizona were South Dakota, Montana, and
Colorado.
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[C] Margin of victory measures were estimated for single-member
districts only.
[D] Denotes adjusted differences which are significant at the .05
level. Differences may not add due to rounding.
[End of table]
Figures 8 and 9 present the year-to-year outcomes (instead of the
averages for before and after public financing) for the three margin
of victory measures for Maine and its comparison states, and Arizona
and its comparison states.
Figure 8: Comparison of Winner's Average Margin of Victory in
Contested Legislative Races in Maine and Arizona with Respective
Comparison States, General Election, 1996 through 2008:
[Refer to PDF for image: line graph]
Maine:
Election year: 1996;
Comparison states: 25.6%;
Maine, public financing: 21.5%.
Election year: 1998;
Comparison states: 27.0%;
Maine, public financing: 22.1%.
Election year: 2000;
Comparison states: 28.1%;
Maine, public financing: 21.3%.
Election year: 2002;
Comparison states: 28.5%;
Maine, public financing: 18.7%.
Election year: 2004;
Comparison states: 29.2%;
Maine, public financing: 17.5%.
Election year: 2006;
Comparison states: 28.6%;
Maine, public financing: 18.2%.
Election year: 2008;
Comparison states: 26.8%;
Maine, public financing: 20.7%.
Arizona:
Election year: 1996;
Comparison states: 19.6%;
Arizona, public financing: 21.9%.
Election year: 1998;
Comparison states: 22.7%;
Arizona, public financing: 21.7%.
Election year: 2000;
Comparison states: 28.1%;
Arizona, public financing: 21.3%.
Election year: 2002;
Comparison states: 24.2%;
Arizona, public financing: 21.7%.
Election year: 2004;
Comparison states: 22.6%;
Arizona, public financing: 20.7%.
Election year: 2006;
Comparison states: 21.6%;
Arizona, public financing: 18.8%.
Election year: 2008;
Comparison states: 20.8%;
Arizona, public financing: 16.2%.
Source: GAO analysis of state election results data.
Note: Contested races are races with at least one or more candidate
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot.
[End of figure]
Figure 9: Comparison of Winner's Victory Margin in Contested
Legislative Races in Maine and Arizona with Respective Comparison
States, General Election, 1996 through 2008:
[Refer to PDF for image: 4 line graphs]
Margin of victory less than 10 percentage points:
Election year: 1996;
Comparison states: 21.4%;
Maine: 24.1%.
Election year: 1998;
Comparison states: 21.2%;
Maine: 24.4%.
Election year: 2000;
Comparison states: 21.4%;
Maine: 27.3%.
Election year: 2002;
Comparison states: 22.5%;
Maine: 34.1%.
Election year: 2004;
Comparison states: 22.8%;
Maine: 36.4%.
Election year: 2006;
Comparison states: 23.4%;
Maine: 34.7%.
Election year: 2008;
Comparison states: 24.5%;
Maine: 29.0%.
Margin of victory less than 10 percentage points:
Election year: 1996;
Comparison states: 31.8%;
Arizona: 27.1%.
Election year: 1998;
Comparison states: 30.8%;
Arizona: 34.6%.
Election year: 2000;
Comparison states: 29.6%;
Arizona: 36.4%.
Election year: 2002;
Comparison states: 28.3%;
Arizona: 32.1%.
Election year: 2004;
Comparison states: 27.3%;
Arizona: 28.8%.
Election year: 2006;
Comparison states: 26.9%;
Arizona: 32.0%.
Election year: 2008;
Comparison states: 27.3%;
Arizona: 41.7%.
Margin of victory more than 20 percentage points:
Election year: 1996;
Comparison states: 54.9%;
Maine: 45.5%.
Election year: 1998;
Comparison states: 57.2%;
Maine: 49.9%.
Election year: 2000;
Comparison states: 58.2%;
Maine: 48.7%.
Election year: 2002;
Comparison states: 57.3%;
Maine: 40.0%.
Election year: 2004;
Comparison states: 57.4%;
Maine: 36.4%.
Election year: 2006;
Comparison states: 56.5%;
Maine: 39.0%.
Election year: 2008;
Comparison states: 54.8%;
Maine: 47.7%.
Margin of victory more than 20 percentage points:
Election year: 1996;
Comparison states: 44.3%;
Arizona: 51.2%.
Election year: 1998;
Comparison states: 47.5%;
Arizona: 42.0%.
Election year: 2000;
Comparison states: 49.2%;
Arizona: 37.3%.
Election year: 2002;
Comparison states: 49.5%;
Arizona: 37.8%.
Election year: 2004;
Comparison states: 48.3%;
Arizona: 38.7%.
Election year: 2006;
Comparison states: 47.1%;
Arizona: 35.9%.
Election year: 2008;
Comparison states: 45.8%;
Arizona: 30.0%.
Source: GAO analysis of state election results data.
Note: Contested races are races with at least one or more candidate
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot.
[End of figure]
Contestedness:
Changes in contestedness--the percentage of all races that had at
least one more candidate running than the number of seats available--
in Maine and Arizona before and after public financing was available
were no different from changes observed in comparison states. As shown
in tables 11 and 12, before public financing was available (1996 and
1998), 86 percent of the elections in Maine and 60 percent of the
elections in Arizona were contested. The percentage of contested
elections after public financing was available (from 2000 through
2008) increased in both states, to 91 percent in Maine and 75 percent
in Arizona.[Footnote 43] However, even after controlling for other
factors, these increases, of 5 percentage points and 15 percentage
points respectively, were not statistically different from the changes
in comparison states where percentages of contested elections
increased by about 5 and 12 percentage points.
Table 11: Percentage of Races Contested in Maine and Comparison
States, Changes in the Percentages over Time, and Differences in the
Changes between Maine and Comparison States:
Outcome measure: Percent of races contested;
Period: Before public financing;
Maine: 86.0%;
Comparison states[A]: 73.2%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of races contested;
Period: After public financing;
Maine: 91.0%;
Comparison states[A]: 78.4%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of races contested;
Period: Change;
Maine: 5.0%;
Comparison states[A]: 5.2%;
Observed difference in change: -0.2%;
Adjusted difference in change (SE)[B]: 0 (5.19).
Source: GAO analysis of election results data.
Note: contested races are races with at least one or more candidates
running than the number of seats in contention. we excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. To indirectly control for open seats resulting
from term limits, we excluded races with no participating incumbents.
differences may not add due to rounding.
[A] The comparison states for Maine were South Dakota, Montana, and
Connecticut (excluding the 2008 elections).
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[End of table]
Table 12: Percentage of Races Contested in Arizona and Comparison
States, Changes in the Percentages over Time, and Differences in the
Changes between Arizona and Comparison States:
Outcome measure: Percent of races contested;
Period: Before public financing;
Arizona: 60.0%;
Comparison states[A]: 71.5%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of races contested;
Period: After public financing;
Arizona: 75.0%;
Comparison states[A]: 83.4%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of races contested;
Period: Change;
Arizona: 15.0%;
Comparison states[A]: 11.8%;
Observed difference in change: 3.2%;
Adjusted difference in change (SE)[B]: 3.3% (3.93).
Source: GAO analysis of election results data.
Note: Contested races are races with at least one or more candidates
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. To indirectly control for open seats resulting
from term limits, we excluded races with no participating incumbents.
Differences may not add due to rounding.
[A] The comparison states for Arizona were South Dakota, Montana, and
Colorado.
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[End of table]
Further, year-to-year changes in the percentages of contested
elections in Maine and Arizona over time are not much different from
in their comparison states before or after controlling for other
factors, as shown in figure 10.
Figure 10: Comparison of the Rates of Contested Legislative Races in
Maine and Arizona with Respective Comparison States, General Election,
1996 through 2008:
[Refer to PDF for image: 2 line graphs]
Election year: 1996;
Comparison states: 75.1%;
Maine, public finance: 90.9%.
Election year: 1998;
Comparison states: 72.9%;
Maine, public finance: 83.3%.
Election year: 2000;
Comparison states: 72.8%;
Maine, public finance: 82.2%.
Election year: 2002;
Comparison states: 75.6%;
Maine, public finance: 88.7%.
Election year: 2004;
Comparison states: 78.4%;
Maine, public finance: 95.0%.
Election year: 2006;
Comparison states: 80.0%;
Maine, public finance: 95.7%.
Election year: 2008;
Comparison states: 80.7%;
Maine, public finance: 91.6%.
Election year: 1996;
Comparison states: 71.4%;
Arizona, public finance: 62.7%.
Election year: 1998;
Comparison states: 75.7%;
Arizona, public finance: 65.1%.
Election year: 2000;
Comparison states: 78.6%;
Arizona, public finance: 67.0%.
Election year: 2002;
Comparison states: 80.6%;
Arizona, public finance: 70.0%.
Election year: 2004;
Comparison states: 81.4%;
Arizona, public finance: 71.7%.
Election year: 2006;
Comparison states: 84.1%;
Arizona, public finance: 76.2%.
Election year: 2008;
Comparison states: 88.6%;
Arizona, public finance: 83.8%.
Source: GAO analysis of state election results data.
Note: Contested races are races with at least one or more candidates
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. Differences may not add due to rounding.
[End of figure]
Incumbent Reelection Rates:
Incumbent reelection rates (i.e., the percentage of incumbents who
were reelected among those incumbents who ran in contested races) did
not change significantly in Maine and Arizona before and after public
financing was available.[Footnote 44] We first examined the proportion
of contested races with incumbents who won relative to all contested
races with an incumbent candidate. As shown in tables 13 and 14, in
Maine the percentage of races in which incumbents who were challenged
were reelected was 88 percent before public financing was available
and about 90 percent after it was available. In Arizona, the
percentage was 98 percent before public financing and 97 percent
after. Incumbent reelection rates in comparison states did not change
over time--staying around 93 percent and 91 percent, respectively, in
the two groups of comparison states. Further, our statistical model
that tested the difference in change across time periods between the
states with and without campaign financing provided no evidence of any
statistically significant difference.
Table 13: Incumbent Reelection Rates in Maine and Comparison States,
Changes in the Rates over Time, and Differences in the Changes between
Maine and Comparison States:
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: Before public financing;
Maine: 88.0%;
Comparison states[A]: 93.2%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: After public financing;
Maine: 89.5%;
Comparison states[A]: 93.6%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: Change;
Maine: 1.5%;
Comparison states[A]: 0.4%;
Observed difference in change: 1.1%;
Adjusted difference in change (SE)[B]: 0.7% (2.04).
Source: GAO analysis of election results data.
Note: Incumbents are defined as candidates who held a seat from the
previous legislative session in the same chamber. contested races are
races with at least one or more candidates running than the number of
seats in contention. We excluded candidates who received zero votes
and write-in candidates whose names did not appear on the ballot.
differences may not add due to rounding.
[A] The comparison states for Maine were South Dakota, Montana, and
Connecticut (excluding 2008).
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[End of table]
Table 14: Incumbent Reelection Rates in Arizona and Comparison States,
Changes in the Rates over Time, and Differences in the Changes between
Arizona and Comparison States:
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: Before public financing;
Arizona: 98.0%;
Comparison states[A]: 91.0%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: After public financing;
Arizona: 97.4%;
Comparison states[A]: 92.0%;
Observed difference in change: [Empty];
Adjusted difference in change (SE)[B]: [Empty].
Outcome measure: Percent of incumbents reelected (for races where
incumbents faced challengers);
Period: Change;
Arizona: -0.5%;
Comparison states[A]: 0.9%;
Observed difference in change: -1.4%;
Adjusted difference in change (SE)[B]: -0.1% (2.70).
Source: GAO analysis of election results data.
Note: Incumbents are defined as candidates who held a seat from the
previous legislative session in the same chamber. contested races are
races with at least one or more candidates running than the number of
seats in contention. We excluded candidates who received zero votes
and write-in candidates whose names did not appear on the ballot.
differences may not add due to rounding.
[A] The comparison states for Arizona were South Dakota, Montana, and
Colorado.
[B] The adjusted differences are derived from statistical models that
account for other factors that may have explained the changes.
Standard errors (SE) appear in parentheses and are used in estimating
the amount by which the outcomes would have varied due to chance alone.
[End of table]
Year-to-year changes in incumbent reelection rates for races in Maine
and Arizona over time are basically unchanged and not much different
from in their comparison states, as shown in figure 11.
Figure 11: Comparison of Incumbent Reelection Rates in Maine and
Arizona with Respective Comparison States, General Election, 1996
through 2008:
[Refer to PDF for image: 2 line graphs]
Election year: 1996;
Comparison states: 94.3%;
Maine, public finance: 89.0%.
Election year: 1998;
Comparison states: 94.9%;
Maine, public finance: 90.6%.
Election year: 2000;
Comparison states: 95.0%;
Maine, public finance: 90.6%.
Election year: 2002;
Comparison states: 94.4%;
Maine, public finance: 88.4%.
Election year: 2004;
Comparison states: 94.6%;
Maine, public finance: 87.9%.
Election year: 2006;
Comparison states: 94.5%;
Maine, public finance: 89.4%.
Election year: 2008;
Comparison states: 94.2%;
Maine, public finance: 92.9%.
Election year: 1996;
Comparison states: 93.2%;
Arizona, public finance: 97.3%.
Election year: 1998;
Comparison states: 93.2%;
Arizona, public finance: 96.2%.
Election year: 2000;
Comparison states: 93.1%;
Arizona, public finance: 95.4%.
Election year: 2002;
Comparison states: 92.9%;
Arizona, public finance: 94.6%.
Election year: 2004;
Comparison states: 92.8%;
Arizona, public finance: 95.4%.
Election year: 2006;
Comparison states: 92.9%;
Arizona, public finance: 96.2%.
Election year: 2008;
Comparison states: 93.0%;
Arizona, public finance: 97.2%.
Source: GAO analysis of state election results data.
Note: Contested races are races with at least one or more candidates
running than the number of seats in contention. We excluded candidates
who received zero votes and write-in candidates whose names did not
appear on the ballot. Differences may not add due to rounding.
[End of figure]
We found similarly and consistently high reelection rates when we
considered individual incumbent reelection rates, the proportion of
individual incumbents who won out of all incumbents who ran.[Footnote
45] In Maine, 90 percent of all incumbents running in general
elections races were reelected in the years before public financing
was available, and 90.2 percent after. In Arizona, the individual
incumbent reelection rate for general elections before public
financing was available was 96.9 percent, compared to 96.1 percent
after public financing was available. Research has shown that
incumbent candidates may have an advantage over other candidates
because of several factors, such as visibility in the media, name
recognition, and the ability to perform services for constituents.
Thus, the high incumbent reelection rates observed in these states
despite the implementation of the public financing programs is not
surprising.
Many other factors we could not control in our analyses may affect
electoral competition, including the popularity of candidates, extreme
one-issue candidates, polarizing candidates, local ballot initiatives
and issues, economic conditions, and other aspects of political
context. Further, the size and statistical significance of our
comparative results also may be affected by our choice of comparison
states.[Footnote 46] Thus, we cannot say definitively whether any of
the changes we observe can be attributed to the campaign financing
programs.
Candidates and Interest Groups Reported Various Perceptions on the
Effect of Public Financing Programs on Electoral Competition:
The candidates and interest group representatives we interviewed from
Maine and Arizona provided various perspectives on the effect of the
public financing programs on the advantage of incumbent candidates and
the number of close races.
Most candidates we interviewed in Maine (8 of 11) believed that the
advantage of incumbent candidates neither increased nor decreased as a
result of the public financing program. Further, 2 of 11 candidates
said that incumbents' advantage had increased under the public
financing program. Among the reasons candidates gave for incumbents'
advantage was their access to resources, such as campaign databases;
political party support; and officeholder privileges, such as a budget
to distribute communications (e.g., mailers and newsletters) to
constituents. On the other hand, 1 of the 11 Maine candidates said
that the advantage of incumbents had decreased as a result of the
public financing program since some incumbents have been defeated by
participating candidates who may not have run for legislative office
without public financing.
Arizona candidates had mixed perceptions on the effect of the public
financing program on incumbents' advantage. Four of 11 candidates said
that the advantage of incumbents neither increased nor decreased as a
result of the public financing program, citing incumbents' benefits
such as name recognition, experience in running a successful election
campaign, and access to funding. Three candidates said that
incumbents' advantage increased. One of these candidates explained
that participating incumbent candidates did not have to do as much
outreach to voters as they would have if they needed to raise private
funds. However, 3 candidates we interviewed stated that the advantage
of incumbent candidates has decreased. Among the reasons given for the
decrease in incumbents' advantage was that incumbents face more
challengers under public financing. Another candidate agreed that
incumbents had to work harder to defend their seats in the primary
election; however, according to the candidate, incumbents' advantage
had not changed in general elections since many legislative districts
are either heavily Democratic or Republican.
The majority of candidates we interviewed in Maine (9 of 11) thought
that the number of close legislative races increased as a result of
the public financing program and provided a range of explanations for
why. For example, one candidate said that before the public financing
program, some candidates would run unopposed because potential
challengers lacked funds, but after public financing became available,
more challengers have entered races and have run competitively.
However, other candidates had different perspectives that were not
consistent with the statistical data we observed--one candidate said
that the number of close races decreased, and one candidate said that
the number of close races neither increased nor decreased as a result
of the public financing program. According to this candidate, the
broader political climate influenced elections more than the public
financing program.
In Arizona, over half of the candidates (6 of 11) believed that the
public financing program had increased the number of close races.
Candidates attributed the increase to greater equality in financial
resources among candidates, more candidates running for office, and
more extensive discussion of the issues, among other reasons. On the
other hand, in contrast with the data we observed, 3 candidates we
interviewed said that the number of close races neither increased nor
decreased as a result of the public financing program. Additionally, 2
candidates said that the number of close races increased in the
primary election, where, according to one candidate, there have been
more challengers, but neither increased nor decreased in the general
election, since many districts are heavily Republican or Democratic.
Half of the interest group representatives we interviewed in Maine and
Arizona (5 of 10) thought the closeness of races had not changed,
although our data analysis did reveal changes. For example, an Arizona
representative commented that the public financing program by itself
had not changed the closeness of races and that redistricting and the
ability of independents to vote in the primary has made the races
closer. On the other hand, 2 of the 10 representatives believed that
the closeness of races had changed. One representative from Maine
stated that he believed there may be a few more close races because of
the public financing program while an Arizona representative believed
the closeness of races had changed in the primaries because more
candidates have an opportunity to run with public financing and
therefore may be more competitive. Finally, 2 of the 10 interest group
representatives were unsure whether public financing had changed the
closeness of races and 1 of the 10 interest group representatives did
not respond.
No Observed Changes in Increased Voter Choice in Terms of the Average
Number of Legislative Candidates and the Percentage of Third-Party and
Independent Candidates Represented in Races in Maine and Arizona:
While increasing voter choice, as measured by changes in the number of
candidates per race and changes in the breadth of political party
affiliations represented in races, was a goal of public financing
programs, there were no observed changes in these measures in Maine
and Arizona after the public financing programs were available.
However, as discussed later, candidates we interviewed provided a
range of perspectives about the role of third-party and independent
candidates.
No Observed Changes in the Average Number of State Legislative
Candidates per District Race:
The average number of legislative candidates per primary and general
election race in Maine and Arizona did not vary greatly over the seven
election cycles examined--before (1996 and 1998 elections) and after
(2000 through 2008 elections) the public financing programs became
available, as shown in table 15.[Footnote 47]
Table 15: Average Number of Legislative Candidates per District Race
in Maine and Arizona Primary and General Elections, 1996 through 2008:
State: Maine;
Office: House of Representatives;
Election (primary or general): Primary;
Average number of candidates per district race: Before public
financing: 1996: 1.1;
Average number of candidates per district race: Before public
financing: 1998: 1.1;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 1.1;
Average number of candidates per district race: After public
financing: 2002: 1.1;
Average number of candidates per district race: After public
financing: 2004: 1.1;
Average number of candidates per district race: After public
financing: 2006: 1.1;
Average number of candidates per district race: After public
financing: 2008: 1.1.
State: Maine;
Office: House of Representatives;
Election (primary or general): General;
Average number of candidates per district race: Before public
financing: 1996: 2.0;
Average number of candidates per district race: Before public
financing: 1998: 1.8;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 1.8;
Average number of candidates per district race: After public
financing: 2002: 2.0;
Average number of candidates per district race: After public
financing: 2004: 2.1;
Average number of candidates per district race: After public
financing: 2006: 2.1;
Average number of candidates per district race: After public
financing: 2008: 2.0.
State: Maine;
Office: Senate;
Election (primary or general): Primary;
Average number of candidates per district race: Before public
financing: 1996: 1.1;
Average number of candidates per district race: Before public
financing: 1998: 1.0;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 1.1;
Average number of candidates per district race: After public
financing: 2002: 1.1;
Average number of candidates per district race: After public
financing: 2004: 1.2;
Average number of candidates per district race: After public
financing: 2006: 1.1;
Average number of candidates per district race: After public
financing: 2008: 1.1.
State: Maine;
Office: Senate;
Election (primary or general): General;
Average number of candidates per district race: Before public
financing: 1996: 2.0;
Average number of candidates per district race: Before public
financing: 1998: 1.9;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 2.1;
Average number of candidates per district race: After public
financing: 2002: 2.0;
Average number of candidates per district race: After public
financing: 2004: 2.1;
Average number of candidates per district race: After public
financing: 2006: 2.2;
Average number of candidates per district race: After public
financing: 2008: 2.1.
State: Arizona;
Office: House of Representatives;
Election (primary or general): Primary[A];
Average number of candidates per district race: Before public
financing: 1996: 2.5;
Average number of candidates per district race: Before public
financing: 1998: 2.2;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 2.5;
Average number of candidates per district race: After public
financing: 2002: 2.7;
Average number of candidates per district race: After public
financing: 2004: 2.4;
Average number of candidates per district race: After public
financing: 2006: 2.3;
Average number of candidates per district race: After public
financing: 2008: 2.1.
State: Arizona;
Office: House of Representatives;
Election (primary or general): General[B];
Average number of candidates per district race: Before public
financing: 1996: 3.4;
Average number of candidates per district race: Before public
financing: 1998: 3.2;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 3.4;
Average number of candidates per district race: After public
financing: 2002: 3.3;
Average number of candidates per district race: After public
financing: 2004: 3.3;
Average number of candidates per district race: After public
financing: 2006: 3.4;
Average number of candidates per district race: After public
financing: 2008: 3.5.
State: Arizona;
Office: Senate;
Election (primary or general): Primary;
Average number of candidates per district race: Before public
financing: 1996: 1.3;
Average number of candidates per district race: Before public
financing: 1998: 1.2;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 1.3;
Average number of candidates per district race: After public
financing: 2002: 1.4;
Average number of candidates per district race: After public
financing: 2004: 1.2;
Average number of candidates per district race: After public
financing: 2006: 1.1;
Average number of candidates per district race: After public
financing: 2008: 1.1.
State: Arizona;
Office: Senate;
Election (primary or general): General;
Average number of candidates per district race: Before public
financing: 1996: 1.7;
Average number of candidates per district race: Before public
financing: 1998: 1.5;
Average number of candidates per district race: [Empty];
Average number of candidates per district race: After public
financing: 2000: 1.9;
Average number of candidates per district race: After public
financing: 2002: 1.7;
Average number of candidates per district race: After public
financing: 2004: 1.6;
Average number of candidates per district race: After public
financing: 2006: 1.9;
Average number of candidates per district race: After public
financing: 2008: 1.8.
Source: GAO analysis of Maine and Arizona election results data.
Notes: The redistricting of Arizona's legislative districts, which
included review and approval by the Department of Justice as well
various court actions, in general, resulted in legislative districts
being redistricted for the 2002 elections and additional revisions for
the 2004 elections. Maine legislative districts boundaries were
redrawn for the 2004 elections due to changes in the state's
population.
[A] Arizona has multimember House districts, in which two
representatives are elected from each district. The two candidates
receiving the most votes in the Arizona primary are the party nominees
in the general election. For example, if three Republicans run in the
primary, then the top two vote-getters advance to the general election.
[B] The two candidates in each House district receiving the most votes
in the general election are elected, regardless of their political
party affiliation.
[End of table]
Percentage of Races with Viable Third-Party or Independent Candidates
in Maine and Arizona Varied in Election Years before and after Public
Financing Was Available, but Did Not Increase over Time:
During the 1996 through 2008 legislative elections in Maine and
Arizona, candidates from a variety of third parties and independents
ran for office. In Maine, these candidates included Green Party
members and independents.[Footnote 48] In Arizona, these candidates
included members of the Green, Natural Law, Reform, and Libertarian
Parties, as well as independents. As shown in tables 16 and 17, while
there were some changes in the percent of races with third-party or
independent candidates receiving 5 percent or more of votes cast--a
proxy indicator for "viable" candidates--there were no discernible
trends from 1996 through 2008 in Maine and Arizona.[Footnote 49]
Table 16: Percent of Races with Third-Party or Independent Candidates
Receiving 5 Percent or More of Votes Cast in Maine General Elections,
1996 through 2008:
Availability of public financing: Before public financing;
Year: 1996;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 16;
House of Representatives: Percent of races: 10.6%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 11.4%.
Year: 1998;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 11;
House of Representatives: Percent of races: 7.3%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 11.4%.
Availability of public financing: After public financing;
Year: 2000;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 20;
House of Representatives: Percent of races: 13.2%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 3;
Senate: Percent of races: 8.6%.
Year: 2002;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 20;
House of Representatives: Percent of races: 13.2%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 5;
Senate: Percent of races: 14.3%.
Year: 2004;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 22;
House of Representatives: Percent of races: 14.6%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 11.4%.
Year: 2006;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 15;
House of Representatives: Percent of races: 9.9%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 5;
Senate: Percent of races: 14.3%.
Year: 2008;
House of Representatives: Total number of races: 151;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 13;
House of Representatives: Percent of races: 8.6%;
Senate: Total number of races: 35;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 11.4%.
Source: GAO analysis of Maine election results data.
Note: We consider an independent or third-party candidate to be
"viable" if the candidate received 5 percent or more of votes cast.
This threshold is based on a typical standard for party ballot access
and retention, and is distinct from whether a candidate is electable
or highly competitive with other candidates.
[End of table]
Table 17: Percent of Races with Third-Party or Independent Candidates
Receiving 5 Percent or More of Votes Cast in Arizona General
Elections, 1996 through 2008:
Availability of public financing: Before public financing;
Year: 1996;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 4;
House of Representatives: Percent of races: 13.3%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 13.3%.
Year: 1998;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 3;
House of Representatives: Percent of races: 10.0%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 3;
Senate: Percent of races: 10.0%.
Availability of public financing: After public financing;
Year: 2000;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 8;
House of Representatives: Percent of races: 26.7%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 4;
Senate: Percent of races: 13.3%.
Year: 2002;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 3;
House of Representatives: Percent of races: 10.0%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 5;
Senate: Percent of races: 16.7%.
Year: 2004;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 6;
House of Representatives: Percent of races: 20.0%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 3;
Senate: Percent of races: 10.0%.
Year: 2006;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 4;
House of Representatives: Percent of races: 13.3%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 2;
Senate: Percent of races: 6.7%.
Year: 2008;
House of Representatives: Total number of races: 30;
House of Representatives: Number of races with at least one viable
third-party or independent candidate receiving 5 percent or more of
votes cast: 3;
House of Representatives: Percent of races: 10.0%;
Senate: Total number of races: 30;
Senate: Number of races with at least one viable third-party or
independent candidate receiving 5 percent or more of votes cast: 2;
Senate: Percent of races: 6.7%.
Source: GAO analysis of Arizona election results data.
Note: We consider an independent or third-party candidate to be
"viable" if the candidate received 5 percent or more of votes cast.
This threshold is based on a typical standard for party ballot access
and retention, and is distinct from whether a candidate is electable
or highly competitive with other candidates. Because Arizona has
multimember House districts, these 30 elections represent 60 House
seats.
[End of table]
Candidates Offered a Range of Perspectives about the Effect of Public
Financing Programs on the Role of Third-Party and Independent
Candidates and the Quality and Types of Candidates:
The 22 candidates from Maine and Arizona we interviewed had mixed
views on the role of third parties and independents in the 2008
election and the quality and types of candidates running for election.
The majority of candidates in Maine (7 of 11) and Arizona (7 of 11)
said that the role of third parties and independents neither increased
nor decreased as a result of the public financing programs. However,
the other candidates had differing perspectives. For example, one
candidate in Maine told us that public financing had increased the
role of third-party and independent candidates as it has been
particularly helpful for third-party candidates running against
incumbent candidates.
Additionally, several candidates provided comments about the effect of
the public financing programs on the quality and type of candidates
running for legislative office.[Footnote 50] For example, in Maine, 3
of the 11 candidates told us that the public financing program had a
positive effect on voter choice, by allowing a greater diversity of
candidates to run for office and by improving the quality of political
debate. On the other hand, 3 other Maine candidates thought the public
financing program allowed candidates to run for office who were not
credible or who were unqualified. In Arizona, 2 of the 11 candidates
said that the public financing program allowed candidates that were on
the extremes of the political spectrum to run and win, which has
resulted in a more partisan and divided legislature. However, another
candidate said that many of the participating candidates are
experienced incumbent candidates.
Average Legislative Candidate Spending Varied in Election Cycles under
Public Funding Programs in Maine and Arizona; Independent Expenditures
Increased in Maine, and Officials Reported Independent Expenditures
Also Increased in Arizona:
Average legislative candidate spending varied from year to year in
Maine and Arizona in the five election cycles that occurred after
public financing became available (2000 through 2008).[Footnote 51] In
Maine, average candidate spending in House races decreased
statistically significantly after public financing became available as
compared to the two elections before public financing was available
(1996 and 1998). However, we could not attribute this decrease to the
public financing program because of other factors, such as reductions
made to the amounts of funding publicly financed candidates received
during the 2008 elections. Average candidate spending in Maine Senate
races did not change significantly. In Arizona, data were not
available to compare legislative candidate spending before 2000;
however, in the five elections under the public financing program,
average candidate spending has increased. Independent expenditures
have increased fourfold in Maine, and state officials reported that
independent expenditures have increased in Arizona since 2000.
[Footnote 52]
Average Maine Legislative Candidate Spending Decreased in House Races,
but Did Not Change Significantly in Senate Races after Public
Financing Became Available:
While average legislative candidate spending varied from year to year
in Maine, as shown in figure 12, in the five elections after public
financing became available average candidate spending in House races
decreased, while average Senate candidate spending did not change
significantly compared to the two elections before public financing
was available.[Footnote 53] Specifically, average candidate spending
in Maine House races decreased from an average of $6,700 before public
financing was available to an average of $5,700 after public financing
became available. A state official told us that a 5 percent reduction
in the set amount of public funding distributed to participating
candidates for the general election likely contributed to the decrease
in spending in the 2008 election.
Figure 12: Average Legislative Candidate Spending in Maine, 1996
through 2008:
[Refer to PDF for image: 2 vertical bar graphs]
Houses of Representatives:
Before public financing:
Election year: 1996;
Average Legislative Candidate Spending: $6,300.
Election year: 1998;
Average Legislative Candidate Spending: $7,100.
After public financing:
Election year: 2000;
Average Legislative Candidate Spending: $5,000.
Election year: 2002;
Average Legislative Candidate Spending: $5,900.
Election year: 2004;
Average Legislative Candidate Spending: $5,800.
Election year: 2006;
Average Legislative Candidate Spending: $6,500.
Election year: 2008;
Average Legislative Candidate Spending: $5,100.
Senate:
Before public financing:
Election year: 1996;
Average Legislative Candidate Spending: $24,200.
Election year: 1998;
Average Legislative Candidate Spending: $26,600.
After public financing:
Election year: 2000;
Average Legislative Candidate Spending: $22,600.
Election year: 2002;
Average Legislative Candidate Spending: $22,300.
Election year: 2004;
Average Legislative Candidate Spending: $29,100.
Election year: 2006;
Average Legislative Candidate Spending: $26,300.
Election year: 2008;
Average Legislative Candidate Spending: $22,900.
Source: GAO analysis of Maine campaign finance data.
Note: We did not include any candidate who reported spending zero
dollars or did not run in the general election in Maine. Spending
includes both primary and general election expenditures. We adjusted
all spending amounts for inflation using the gross domestic product
(GDP) price index with 2008 as the base year. The 2004 Maine Senate
spending average includes a nonparticipating candidate who spent
$225,566.
[End of figure]
As shown in figure 13, spending by Maine legislative incumbent
candidates, challengers, and open race challengers (i.e., candidates
running in open races with no incumbent candidates) varied from year
to year.
Figure 13: Average Legislative Candidate Spending in Maine by
Candidate Status, 1996 through 2008:
[Refer to PDF for image: 4 vertical bar graphs]
House of Representatives:
Before public financing:
Election year: 1996;
Incumbent spending: $7,300;
Challenger running against incumbents: $5,400;
Challenger in open races (no incumbents running): $6,300.
Election year: 1998;
Incumbent spending: $8,000;
Challenger running against incumbents: $6,300;
Challenger in open races (no incumbents running): $6,500.
After public financing:
Election year: 2000;
Incumbent spending: $5,600;
Challenger running against incumbents: $4,100;
Challenger in open races (no incumbents running): $5,100.
Election year: 2002;
Incumbent spending: $6,000;
Challenger running against incumbents: $5,800
Challenger in open races (no incumbents running): $6,100.
Election year: 2004;
Incumbent spending: $6,000;
Challenger running against incumbents: $5,800;
Challenger in open races (no incumbents running): $5,700.
Election year: 2006;
Incumbent spending: $5,900;
Challenger running against incumbents: $5,800;
Challenger in open races (no incumbents running): $8,400.
Election year: 2008;
Incumbent spending: $4,600;
Challenger running against incumbents: $5,100;
Challenger in open races (no incumbents running): $5,700.
Senate:
Before public financing:
Election year: 1996;
Incumbent spending: $26,800;
Challenger running against incumbents: $16,500;
Challenger in open races (no incumbents running): $29,400.
Election year: 1998;
Incumbent spending: $28,300;
Challenger running against incumbents: $17,800;
Challenger in open races (no incumbents running): $29,400.
After public financing:
Election year: 2000;
Incumbent spending: $19,100;
Challenger running against incumbents: $21,000;
Challenger in open races (no incumbents running): $26,600.
Election year: 2002;
Incumbent spending: $21,400;
Challenger running against incumbents: $19,300;
Challenger in open races (no incumbents running): $26,200.
Election year: 2004;
Incumbent spending: $27,100;
Challenger running against incumbents: $36,200;
Challenger in open races (no incumbents running): $25,100.
Election year: 2006;
Incumbent spending: $26,700;
Challenger running against incumbents: $24,300;
Challenger in open races (no incumbents running): $30,000.
Election year: 2008;
Incumbent spending: $24,500;
Challenger running against incumbents: $19,700;
Challenger in open races (no incumbents running): $25,700.
Source: GAO analysis of Maine campaign finance data.
Note: Incumbents are candidates who held a seat from the previous
legislative session in the same chamber. Challengers are candidates
who ran against an incumbent candidate in the primary or general
election. Open race challengers are candidates who did not run against
an incumbent in either the primary or general election. Spending
amounts do not include any candidate who reported spending zero
dollars or did not run in the general election. Spending includes both
primary and general election amounts and has been adjusted for
inflation using the GDP price index, with 2008 as the base year. The
2004 Maine nonparticipating Senate candidate spending average includes
one candidate who spent $225,566.
[End of figure]
However, overall, the difference in average spending by incumbents and
challengers narrowed in both House and Senate races after public
financing became available. In addition, average spending by open race
challengers was relatively higher than either incumbent or challenger
spending averages in House races, but was not significantly different
in Senate races in the elections after public financing became
available. In Maine House races, incumbents spent $1,800 more on
average than their challengers in the two elections before public
financing became available. In comparison, the difference in average
spending by incumbents and challengers was not statistically
significant in the five elections under the public financing program.
Open race challengers spent more on average ($6,100) than either
incumbents, who spent an average of $5,600, or challengers running
against incumbents, who spent an average of $5,400, in the five
elections under the public financing program. Before public financing
became available, incumbents spent an average of $7,700, more than the
average amount spent by challengers ($5,900) or open race challengers
($6,300) during the same period.
The difference in average incumbent and challenger spending in Maine
Senate races also decreased in the period after public financing
became available. On average, incumbents spent nearly $10,500 more
than their challengers in the two elections before public financing
became available; however, after public financing became available,
the difference between average incumbent and average challenger
spending was not statistically significant. Similarly, spending by
open race challengers in Senate races was not significantly different
from spending by either incumbents or challengers in the elections
after public financing became available.
As figure 14 shows, average spending by participating and
nonparticipating candidates varied in the five elections under the
public financing program. However, overall, spending by participating
candidates was not significantly different than spending by
nonparticipating candidates in both Maine House and Senate races in
the five elections under the public financing program.
Figure 14: Average Legislative Candidate Spending in Maine by
Participation Status, 2000 through 2008:
[Refer to PDF for image: 2 vertical bar graphs]
House of Representatives:
Election year: 2000;
Nonparticipating: $5,200;
Participating: $4,600.
Election year: 2002;
Nonparticipating: $6,100;
Participating: $5,900.
Election year: 2004;
Nonparticipating: $5,500;
Participating: $5,900.
Election year: 2006;
Nonparticipating: $7,200;
Participating: $6,300.
Election year: 2008;
Nonparticipating: $4,700;
Participating: $5,200.
Senate:
Election year: 2000;
Nonparticipating: $26,100;
Participating: $18,900.
Election year: 2002;
Nonparticipating: $20,500;
Participating: $22,900.
Election year: 2004;
Nonparticipating: $46,500;
Participating: $24,900.
Election year: 2006;
Nonparticipating: $24,600;
Participating: $26,500.
Election year: 2008;
Nonparticipating: $9,600;
Participating: $25,600.
Source: GAO analysis of Maine campaign finance data.
Note: Spending amounts do not include any candidate who reported
spending zero dollars or did not run in the general election. Spending
includes both primary and general election amounts and has been
adjusted for inflation using the GDP price index, with 2008 as the
base year. The 2004 Maine nonparticipating Senate candidate spending
average includes one candidate who spent $225,566.
[End of figure]
Independent Expenditures in Maine Legislative Races Increased from
2000 through 2008:
Independent expenditures in Maine legislative races have increased by
about $500,000 in the five elections under the public financing
program.[Footnote 54] As figure 15 shows, independent expenditures
increased from about $150,000 in 2000 to a high of about $655,000 in
2006, with a large increase occurring in the 2004 election. The
Director of Maine's commission told us that he believes that the
increase in 2004 was due principally to a change in the definition of
independent expenditures.[Footnote 55] While independent expenditures
decreased somewhat (by about $20,000) in the 2008 election compared to
the 2006 election, the total amount remained high.
Figure 15: Independent Expenditures in Maine Legislative Elections,
2000 through 2008:
[Refer to PDF for image: vertical bar graph]
Election year: 2000;
Independent Expenditures: $154,000.
Election year: 2002;
Independent Expenditures: $248,000.
Election year: 2004;
Independent Expenditures: $601,000.
Election year: 2006;
Independent Expenditures: $655,000.
Election year: 2008;
Independent Expenditures: $635,000.
Source: GAO analysis of Maine campaign finance data.
Note: Amounts include independent expenditures reported in Maine House
or Senate races and have been adjusted for inflation with the GDP
price index, with 2008 as the base year.
[End of figure]
Average Arizona Legislative Candidate Spending Increased since 2000:
Average candidate spending in Arizona legislative races has generally
increased in the five elections under the public financing program;
[Footnote 56] however, we were not able to compare these spending
levels to those in the period before public financing became
available.[Footnote 57] As shown in figure 16, average candidate
spending in Arizona House races has increased in each subsequent
election since 2000, with the exception of 2006, when average spending
declined about $1,000 from the previous election. In 2008, average
spending increased to $48,700, a $13,000 increase from 2006. In
Arizona Senate races, average candidate spending has been increasing
following the 2002 election, after a decrease of about $10,000 in the
2002 election.
Figure 16: Average Legislative Candidate Spending in Arizona, 2000
through 2008:
[Refer to PDF for image: 2 vertical bar graphs]
House of Representatives:
Election year: 2000;
Average Legislative Candidate Spending: $34,000.
Election year: 2002;
Average Legislative Candidate Spending: $35,100.
Election year: 2004;
Average Legislative Candidate Spending: $36,700.
Election year: 2006;
Average Legislative Candidate Spending: $35,700.
Election year: 2008;
Average Legislative Candidate Spending: $48,700.
Senate:
Election year: 2000;
Average Legislative Candidate Spending: $48,100.
Election year: 2002;
Average Legislative Candidate Spending: $38,900.
Election year: 2004;
Average Legislative Candidate Spending: $40,800.
Election year: 2006;
Average Legislative Candidate Spending: $42,700.
Election year: 2008;
Average Legislative Candidate Spending: $48,900.
Source: GAO analysis of Arizona campaign finance data.
Note: Average spending includes both primary and general spending for
candidates who ran in the general election and reported campaign
transactions that totaled more than zero dollars to the Arizona
Secretary of State. Candidates who agreed to spend $500 or less were
not required to file campaign finance reports with the Secretary of
State, according to Arizona Secretary of State officials. Spending has
been adjusted for inflation using the GDP price index, with 2008 as
the base year.
[End of figure]
State officials told us that the way candidates have spent campaign
funds has changed since the implementation of the public financing
program. For example, they said that candidates have coordinated their
campaigns with other candidates in their district to maximize their
campaign resources. For example, two Republican candidates for the
Arizona House of Representatives may pool their campaign funds to send
out one mailing in support of both candidates, rather than each
candidate sending out separate mailings.
Average spending by challengers and incumbents fluctuated from year to
year, with challengers spending more in some elections, and incumbents
spending more in other elections in both Arizona House and Senate
races, as shown in figure 17.
Figure 17: Average Legislative Candidate Spending in Arizona by
Candidate Status, 2000 through 2008:
[Refer to PDF for image: 2 vertical bar graphs]
House of Representatives:
Election year: 2000;
Incumbents: $35,700;
Challengers running against incumbents: $28,100;
Challengers in open races (no incumbents running): $38,800.
Election year: 2002;
Incumbents: $37,800;
Challengers running against incumbents: $32,400;
Challengers in open races (no incumbents running): $36,000.
Election year: 2004;
Incumbents: $36,500;
Challengers running against incumbents: $35,500;
Challengers in open races (no incumbents running): $40,700.
Election year: 2006;
Incumbents: $34,400;
Challengers running against incumbents: $35,500;
Challengers in open races (no incumbents running): $40,900.
Election year: 2008;
Incumbents: $48,900;
Challengers running against incumbents: $50,800;
Challengers in open races (no incumbents running): $44,000.
Senate:
Election year: 2000;
Incumbents: $40,600;
Challengers running against incumbents: $39,800;
Challengers in open races (no incumbents running): $60,100.
Election year: 2002;
Incumbents: $24,000;
Challengers running against incumbents: $35,900;
Challengers in open races (no incumbents running): $46,300.
Election year: 2004;
Incumbents: $34,800;
Challengers running against incumbents: $37,800;
Challengers in open races (no incumbents running): $55,000.
Election year: 2006;
Incumbents: $41,900;
Challengers running against incumbents: $39,700;
Challengers in open races (no incumbents running): $46,500.
Election year: 2008;
Incumbents: $41,400;
Challengers running against incumbents: $40,200;
Challengers in open races (no incumbents running): $67,400.
Source: GAO analysis of Arizona campaign finance data.
Note: Average spending includes both primary and general spending for
candidates who ran in the general election and reported campaign
transactions that totaled more than zero dollars to the Arizona
Secretary of State. Candidates who agreed to spend $500 or less were
not required to file campaign finance reports with the Secretary of
State, according to Arizona Secretary of State officials. Incumbents
are candidates who held a seat from the previous legislative session
in the same chamber. Challengers are candidates who ran against an
incumbent candidate in the primary or general election. Open race
challengers are candidates who did not run against an incumbent in
either the general or primary election. Spending has been adjusted for
inflation using the GDP price index, with 2008 as the base year.
[End of figure]
Overall, there was no statistically significant difference between
average incumbent and average challenger spending in either Arizona
House or Senate races in the five elections under public financing.
Further, spending by open race challengers in House races was not
significantly different from spending by incumbents or challengers
after public financing became available. However, in each of the five
elections examined, average spending by open race challengers in
Arizona Senate races was higher than average spending by incumbents or
challengers, and overall, open race challengers spent between $14,600
and $16,200 more on average than either incumbents or challengers.
Participating candidates spent more on average than nonparticipating
candidates in Arizona House, while in Senate races nonparticipating
candidates spent more on average than participating candidates in some
years and less in others, as shown in figure 18. Participating
candidates in Arizona House races spent $44,500 on average, compared
to nonparticipating candidates, who spent an average of $29,700 in the
five elections under the public financing program. In Arizona Senate
races, there was not a statistically significant difference between
average spending by participating and nonparticipating candidates in
the five elections examined. State officials said that the amount
spent on independent expenditures has increased since 2000. Therefore,
they stated that matching funds distributed to participating
candidates for independent expenditures may account for some of the
difference in average spending by participating and nonparticipating
candidates.
Figure 18: Average Legislative Candidate Spending in Arizona by
Participation Status, 2000 through 2008:
[Refer to PDF for image: 2 vertical bar graphs]
House of Representatives:
Election year: 2000;
Nonparticipating: $31,700;
Participating: $39,200.
Election year: 2002;
Nonparticipating: $28,600;
Participating: $39,800.
Election year: 2004;
Nonparticipating: $23,200;
Participating: $44,300.
Election year: 2006;
Nonparticipating: $25,200;
Participating: $42,900.
Election year: 2008;
Nonparticipating: $41,000;
Participating: $51,600.
Senate:
Election year: 2000;
Nonparticipating: $50,400;
Participating: $40,700.
Election year: 2002;
Nonparticipating: $33,800;
Participating: $48,200.
Election year: 2004;
Nonparticipating: $32,900;
Participating: $52,100.
Election year: 2006;
Nonparticipating: $40,100;
Participating: $45,100.
Election year: 2008;
Nonparticipating: $49,400;
Participating: $48,500.
5ource: GAO analysis of Arizona campaign finance data.
Note: Average spending includes both primary and general spending for
candidates who ran in the general election and reported campaign
transactions that totaled more than zero dollars to the Arizona
Secretary of State. Candidates who agreed to spend $500 or less were
not required to file campaign finance reports with the Secretary of
State, according to Arizona Secretary of State officials. Spending has
been adjusted for inflation using the GDP price index, with 2008 as
the base year.
[End of figure]
Independent Expenditures Increased in Arizona According to State
Officials:
According to state officials, independent expenditures have increased
in Arizona legislative elections under the public financing program.
In 2008, independent expenditures in Arizona House and Senate races
totaled $2,170,000.[Footnote 58] While complete data on independent
expenditures specifically in legislative elections were not available
for elections prior to 2008, state officials told us that independent
expenditures have increased. Furthermore, in our 2003 report, the
Arizona Citizens Clean Elections Commission identified independent
expenditures in the 1998, 2000, and 2002 legislative and statewide
elections.[Footnote 59] Independent expenditures in both legislative
and statewide races totaled $102,400 in 1998, $46,700 in 2000, and
$3,074,300 in 2002.[Footnote 60] We reported in 2003 that the increase
in independent expenditures in the 2002 election was largely
associated with the gubernatorial race, with more than 92 percent of
the independent expenditures associated with two gubernatorial
candidates.
Candidates and Interest Group Representatives Had Mixed Perceptions
about the Effect of Public Financing Programs on Campaign Spending:
The candidates and interest groups we interviewed in Maine and Arizona
had a range of experiences with and views on campaign spending,
independent expenditures, and issue advocacy advertisements.
Candidates' and Interest Groups' Views on Campaign Spending:
While candidates and interest groups had varying views about whether
campaign spending had increased in the 2008 elections, in general they
indicated that equality in financial resources among candidates had
increased in the 2008 election as a result of the public financing
programs. In Maine, about half of the candidates (5 of 11) we
interviewed said that campaign spending increased in the 2008 election
as a result of the public financing program. Candidates provided a
number of reasons for the perceived increase in campaign spending. For
example, one candidate said that campaign spending increased because
some participating candidates spent more than they would have if they
had raised private funds for their campaigns. Another candidate noted
that the amount of money spent by participating candidates has
increased in some races because they received additional matching
funds for independent expenditures made by interest groups. Spending
by nonparticipating candidates may have increased in some cases as
well, according to one candidate, since the presence of a
participating candidate in the race forces nonparticipating candidates
to take the election more seriously and spend more on their campaigns
than they would have otherwise. However, 3 other candidates we
interviewed in Maine contended that campaign spending had decreased.
For example, one candidate noted that spending had decreased because
of the spending cap placed on participating candidates. Three
candidates felt that spending in Maine legislative races had neither
increased nor decreased as a result of the public financing program.
In one candidate's view, contribution limits have had a greater
influence on spending than the public financing program.
In Arizona, the majority of candidates (7 of 11) we interviewed
believed that candidate spending increased in the 2008 election as a
result of the public financing program. One nonparticipating candidate
told us that, because of the matching funds provision of the public
financing program, in 2008 he spent almost double the amount than he
spent in any previous campaign in order to get out his message and
outspend his participating opponent. Another candidate commented that
the increase in independent expenditures has driven up campaign
spending by triggering additional matching funds for participating
candidates. On the other hand, 3 candidates felt that the public
financing program led to a decrease in campaign spending in the 2008
election. One participating candidate explained that she could have
raised more money traditionally than she received from the public
financing program. One candidate indicated that spending neither
increased nor decreased.
Regarding interest groups in Maine, two of the five representatives
stated that candidate spending increased. One of these representatives
commented that there has been an increase in money spent by candidates
because there is more access to money and the races are more
competitive. Further, this representative stated that the public
financing program gives challengers an opportunity to level the
playing field when running against incumbents. Participating
candidates who would otherwise not be able to raise enough private
money can run a well-financed campaign using public funds and have an
opportunity to present their issues for debate in the race. On the
other hand, three of the five interest group representatives stated
that candidate spending neither increased nor decreased in the 2008
election as a result of the public financing program. One of these
representatives commented that the amount of money spent by candidates
has not changed because limits are set by the legislature. However,
this representative opined that the amount of money spent on behalf of
the candidates in the form of independent expenditures had increased
dramatically and consistently. He went on to say that the public
financing program is reducing the disparity between the candidates who
can raise the money and those candidates who cannot raise the money
and that a candidate who is not serious can receive as much money as a
serious candidate.
In Arizona, four of the five interest group representatives believed
that candidate spending increased as a result of the public financing
program. For example, one of these representatives said that the
public financing program has moved money from the candidates to
independent expenditures, and that political parties are playing a
significant role in this shift. Another interest group representative
believed that candidate spending increased but was unsure if this
increase was due to the public financing program, noting that
increased campaign spending could be attributed to more competitive
races or the rise in the cost of campaign materials due to inflation.
Further, he noted that a pattern has emerged in which candidates run
as participating candidates during their first election, and after
being elected run subsequently as nonparticipating candidates. These
legislators have name recognition and can raise the money required to
run their campaigns and can also help other candidates get elected. On
the other hand, one of the five representatives believed that campaign
spending had neither increased nor decreased and that money has been
redirected from the candidate campaigns to independent expenditures.
He did not believe that his organization was spending any less money
on campaigns.
In general, candidates and interest group representatives in Maine and
Arizona reported that equality in financial resources among candidates
had increased in the 2008 election as a result of the public financing
programs. In Maine, the majority of the candidates interviewed (7 of
11) said that equality in financial resources among candidates
increased as a result of the public financing program. Two candidates
commented that candidates from different political parties compete on
a roughly equal playing field under the public financing program.
Another Maine candidate said that both nonparticipating and
participating candidates spend about the same amount on their
campaigns. However, 2 candidates we interviewed said that equality in
financial resources had decreased as a result of the public financing
program. According to one candidate, more money may be spent by
political action committees than by candidates in a race, which can
reduce equality. One nonparticipating candidate responded that the
public financing program increased equality in financial resources
among participating candidates, but decreased equality in financial
resources among nonparticipating candidates, and 1 candidate was not
sure how the public financing program had influenced equality in
financial resources among candidates.
In Arizona, about half of the candidates (6 of 11) thought equality in
financial resources among candidates had increased. Two of these
candidates commented that in their experience, candidates spent
roughly the same, regardless of their political party affiliation or
if they participated in the public financing program or used
traditional means to finance their campaigns. On the other hand, 1
candidate said that equality in financial resources had decreased, and
commented that he was outspent by his participating opponents by a
ratio of 13 to 1. Three of the 11 candidates we interviewed said that
the equality in financial resources neither increased nor decreased as
a result of the public financing program. For example, one candidate
told us that incumbents continue to outspend their opponents and that
nonparticipating candidates have developed strategies to maximize
their financial advantage, such as raising funds at the end of the
campaign so participating candidates have little time to spend
matching funds. The remaining candidate was not sure about the change
in resource equality.
Seven of the 10 interest group representatives we interviewed in Maine
(3 of 5) and Arizona (4 of 5) said that equality in financial
resources among candidates as a result of the public financing
programs had increased. For example, an Arizona interest group
representative commented that the public financing law holds the
candidates' financial resources even. On the other hand, 1 of the 5
representatives from Maine stated that equality in financial resources
among candidates decreased and commented that since monetary limits
are set statutorily, it is the independent expenditures that skew the
financial resources among candidates. Finally, 2 of the 10
representatives, 1 from Maine and 1 from Arizona, believed that
equality in financial resources neither increased nor decreased, while
1 of these representatives further commented that even though
financial resources stayed the same, some nonparticipating candidates
had a financial advantage because they asked for larger donations from
interest groups.
Candidates' and Interest Group Representatives' Views on Independent
Expenditures:
Independent expenditures were of varying importance in the races of
the candidates we spoke with. The majority of the Maine legislative
candidates we interviewed (7 of the 11) reported that independent
expenditures were of little or no importance to the outcome of their
races in the 2008 election. One candidate explained that no
independent expenditures were made on his behalf because he was
perceived to be the likely winner. However, 2 candidates we
interviewed said that independent expenditures were moderately
important, and 2 candidates said that independent expenditures were
extremely or very important to the outcome of their races in the 2008
election. The candidates who had independent expenditures made in
their races shared their experiences with us. One candidate said an
independent expenditure made on his behalf could have possibly hurt
his campaign since the expenditure was for a mailer that was poorly
conceived and included a photograph of him that was of low quality.
Another candidate who participated in the public financing program in
Maine said that she and her participating opponent received large
amounts of matching funds in response to independent expenditures made
by business, trucking, state police, and equal rights groups that went
towards mailings, television ads, and newspapers ads. However, the
candidate thought that other factors played a greater role in the
outcome of her election.
In Arizona, independent expenditures reportedly played an important
role in the outcome of 6 of the 11 candidates' races, with 5
candidates saying that independent expenditures were moderately
important and 1 candidate reporting that independent expenditures were
extremely important. One of these candidates said that groups made
independent expenditures on behalf of his opponent to produce a number
of mailers as well as billboards and television commercials that hurt
his election campaign by shifting the focus away from the issues that
he had concentrated on. Another candidate said that groups made
independent expenditures opposing her near the end of her 2008
campaign; however, since she participated in the public financing
program, she received matching funds and was able to respond. On the
other hand, 5 candidates reported that independent expenditures were
of little or of no importance in the outcome of their races. One
candidate said that while there was a lot of money spent on
independent expenditures in his race, the independent expenditures did
not play a big role in the outcome of the election since roughly the
same amount was spent on behalf of both him and his opponent. Another
candidate explained that since she was an incumbent and her reelection
was secure, not much was spent on independent expenditures in her race.
Eight of the 10 interest group representatives in Maine (5 of 5) and
Arizona (3 of 5) we interviewed said their groups made independent
expenditures in support of candidates in the 2008 elections; although,
the representatives had varying views about the influence the
expenditures had on the outcome of the races. All 5 Maine interest
group representatives made independent expenditures in the 2008
elections, and all expenditures included mailers in support of
candidates. Three of these 5 Maine representatives were not sure how
much influence the expenditures had on the outcome of the elections.
On the other hand, the remaining 2 representatives had different
views. One Maine representative believed that her group's expenditures
were effective in getting the candidate's message out to the voters.
Finally, another Maine representative, who made several independent
expenditures, said his experience was mixed, and the candidates he
made independent expenditures on behalf of lost in more cases than
they won. In Arizona, 3 of the 5 interest groups made independent
expenditures. Two of these representatives said the expenditures were
for mailers in support of candidates and believed that they were
beneficial because the candidates won. The third representative said
that his group made expenditures for both positive and negative
mailers, and he believed that the expenditures were ineffective and
was not sure what role they played in the outcome of the 2008
elections.
Candidates' Views on Issue Advocacy Spending:
While Maine and Arizona legislative candidates we interviewed offered
varying views on issue advocacy spending, 14 of the 22 candidates
stated that issue advocacy advertisements were of little of no
importance to the outcome of their races in the 2008 elections. Issue
advocacy spending is often viewed as those forms of media
advertisements that do not expressly advocate for or against a clearly
identified political candidate. For example, such issue advocacy ads
do not use terms like "vote for," "vote against," or "reelect." In
general, courts have not upheld campaign finance law regulation of
issue advocacy spending upon the reasoning that the rationales offered
to support such regulations did not justify the infringement upon
constitutional free speech protections.[Footnote 61] According to
state officials in Maine and Arizona, neither Maine nor Arizona track
issue advocacy spending.
In Maine, 7 of the 11 candidates we interviewed reported that issue
advocacy advertisements were of little or of no importance to the
outcome of their races. One of these candidates explained that his
race was not targeted by issue advocacy ads because he was expected to
win and his opponent was not perceived to be very competitive. Another
candidate we interviewed had a negative issue advocacy ad made in his
race, but he did not think it affected the outcome of the election.
The candidate told us the issue advocacy ad listed the tax increases
he voted for alongside a smiling picture of him; however, according to
the candidate, the ad only told half of the story, since the bill that
contained the tax increases was revenue neutral and raised some taxes
while lowering others. In contrast, 4 of the 11 candidates we
interviewed said that issue advocacy was moderately important in their
2008 races. For example, 1 of these candidates said that issue
advocacy advertisements highlighting the candidates' positions on
education issues was a factor in the outcome of his race.
Similarly, in Arizona, the majority of candidates interviewed (7 of
11) said that issue advocacy ads were of little or no importance to
the outcome of their races in the 2008 election. For example, 1
candidate told us that he did not think that issue advocacy ads made a
difference in his race because the ads did not mention the candidates'
names. Another candidate said that there were some issue advocacy ads
that played an information role in his race by presenting a comparison
of the candidates' beliefs; however, the candidate thought the ads
were of little importance in the outcome of the election. On the other
hand, 3 candidates said that issue advocacy ads were moderately
important to the outcome of their races. According to one candidate,
issue advocacy advertisements on crime, abortion, and education
funding influenced the outcome of his race.[Footnote 62]
Voting-Age Citizens, Candidates, and Interest Group Representatives We
Interviewed Perceived That the Public Financing Programs Did Not
Decrease Interest Group Influence or Increase Public Confidence,
Although Some Reported That Campaign Tactics Have Changed:
Our surveys of voting-age citizens and interviews with candidates and
interest group representatives in Maine and Arizona indicated that the
public campaign financing programs did not decrease the perception of
interest group influence and did not increase public confidence in
government.[Footnote 63] However, candidate and interest group
representatives reported that campaign tactics, such as the role of
political parties and the timing of expenditures, had changed.
Perceived Interest Group Influence Did Not Decrease as a Result of the
Public Financing Program:
In 2009, the percentage of voting-age citizens in Maine and Arizona
who said that the public financing law had greatly or somewhat
increased the influence of special interest groups on legislators was
not significantly different from those who said that the law had
greatly or somewhat decreased special interest group influence.
[Footnote 64] For example, among those polled in Maine in 2009, the
percentage of voting-age citizens who said that the influence of
interest groups greatly or somewhat increased was 17 percent, while 19
percent said that the interest group influence had greatly or somewhat
decreased, as shown in table 18. An additional 19 percent felt that
the law had no effect on the influence of interest groups on
legislators. In Arizona in 2009, 24 percent believed the public
financing law greatly or somewhat increased the influence of interest
groups, while 25 percent felt it greatly or somewhat decreased
interest group influence. Additionally, 32 percent of those polled
indicated that the public financing law had no effect on the influence
of interest groups.
Table 18: Maine and Arizona Voting-Age Citizens' Views on Influence of
Interest Groups, among Those Aware of the Law:
State: Maine;
GAO survey questions and response options: To what extent do you think
Maine's Clean Election Law has decreased or increased the influence of
special interest groups on legislators? Would you say the Law has
greatly decreased, somewhat decreased, has had no effect, has somewhat
increased, or greatly increased the influence of special interest
groups, or is it too soon to tell?
Greatly increased:
Percent of voting age citizens[A]: 2002: 2%;
Percent of voting age citizens[A]: 2009: 2%.
Somewhat increased:
Percent of voting age citizens[A]: 2002: 5;
Percent of voting age citizens[A]: 2009: 15.
Had no effect:
Percent of voting age citizens[A]: 2002: 21;
Percent of voting age citizens[A]: 2009: 19.
Somewhat decreased:
Percent of voting age citizens[A]: 2002: 21;
Percent of voting age citizens[A]: 2009: 13.
Greatly decreased:
Percent of voting age citizens[A]: 2002: 4;
Percent of voting age citizens[A]: 2009: 6.
Too soon to tell, unsure, or declined to answer:
Percent of voting age citizens[A]: 2002: 46;
Percent of voting age citizens[A]: 2009: 46.
State: Arizona;
GAO survey questions and response options: To what extent do you think
Arizona's Clean Election Law has decreased or increased the influence
of special interest groups on legislators? Would you say the Law has
greatly decreased, somewhat decreased, has had no effect, has somewhat
increased, or greatly increased the influence of special interest
groups?
Greatly increased;
Percent of voting age citizens[A]: 2002: 4;
Percent of voting age citizens[A]: 2009: 6.
Somewhat increased;
Percent of voting age citizens[A]: 2002: 12;
Percent of voting age citizens[A]: 2009: 18.
Had no effect;
Percent of voting age citizens[A]: 2002: 25;
Percent of voting age citizens[A]: 2009: 32.
Somewhat decreased;
Percent of voting age citizens[A]: 2002: 9;
Percent of voting age citizens[A]: 2009: 22.
Greatly decreased;
Percent of voting age citizens[A]: 2002: 2;
Percent of voting age citizens[A]: 2009: 3.
Too soon to tell, unsure, or declined to answer;
Percent of voting age citizens[A]: 2002: 48;
Percent of voting age citizens[A]: 2009: 19[B].
Source: GAO.
Notes: We included respondents who indicated that they were a lot,
some, or a little aware of the respective states' public financing
law. For Maine in 2009, the number of respondents for this question
was 214, and the maximum 95 percent confidence interval for these
survey results is plus or minus 6.7 percent. In 2002, the number of
respondents for this question was 157, and the maximum 95 percent
confidence interval for these survey results is plus or minus 8
percent. For Arizona in 2009, the number of respondents for this
question was 424, and the maximum 95 percent confidence interval for
these survey results is plus or minus 5 percent. In 2002, the number
of respondents for this question was 433, and the maximum 95 percent
confidence interval for these survey results is plus or minus 5
percent.
[A] Totals may not equal 100 percent due to rounding.
[B] The "too soon to tell" response option was offered in the 2002
survey but was inadvertently omitted from the 2009 survey in Arizona.
[End of table]
Both Maine and Arizona candidates and interest group representatives
had mixed views about changes in interest group influence as a result
of the public financing programs in their states. In Maine, a little
over half of the candidates (6 of 11) said that the likelihood that
elected officials serve the interests of their constituents free of
influence by specific individuals or interest groups neither increased
nor decreased as a result of the public financing program. One of
these candidates said the public financing program has not met the
goal of decreasing the influence of interest groups, since interest
groups will always find ways to influence legislators and the election
process. However, 4 candidates we interviewed in Maine--all of whom
participated in the public financing program--said that the likelihood
that elected officials serve free of influence by individuals or
groups greatly increased or increased. One of these candidates
explained that participating candidates are more empowered to serve as
they see fit and are less willing to listen to political party
leadership. On the other hand, a different candidate said that the
elected officials are less likely to serve free of influence by
specific individuals or groups as a result of the public financing
program. The candidate explained that under the public financing
program, lobbyists and special interest groups have focused less on
individual candidates, and more on winning favor with the Democratic
and Republican party leadership. According to this candidate, interest
groups are spending more, since the contribution limits do not apply
to contributions to political parties. In turn, the candidate said
that political parties are buying the loyalty of candidates by
providing know-how, campaign staff, and polling data during the
election.
For Arizona, about half of the candidates interviewed (5 of 11) said
that the public financing program did not affect the likelihood that
elected officials serve the interests of their constituents free of
influence by specific individuals or groups. One of these candidates
said that the influence of special interest groups still exists, even
if it does not come in the form of direct contributions. She explained
that interest groups approach candidates with questionnaires and ask
them to take pledges on different policy issues and also send their
members voter guides and scorecards that rate candidates. Two other
Arizona candidates we interviewed commented that under the public
financing program, interest groups have been contributing to campaigns
in different ways, such as providing campaign volunteers, and
collecting $5 qualifying contributions for participating candidates.
In contrast, 4 of the 11 candidates said that the likelihood that
elected officials serve the interests of their constituents had
decreased as a result of the public financing program. One of these
candidates explained that the role of interest groups has increased,
as they have become very skilled at producing advertisements with
independent expenditures. On the other hand, 2 candidates we
interviewed said that the public financing program increased the
likelihood that elected officials serve the interests of their
constituents free of influence by specific individuals or groups. One
of these candidates said that in her experience as a participating
candidate and state senator, interest groups are not "in her ear all
of the time," and legislators are free to make decisions based on the
interests of their constituents.
With regard to Maine interest groups we interviewed, the five
representatives we interviewed had varying views about the likelihood
that elected officials serve the interests of their constituents free
of influence by specific individuals or interest groups and about
changes in interest group influence as a result of the public
financing program. Two representatives believed that the likelihood
that elected officials serve the interests of their constituents free
of influence had increased, and one representative stated that it had
decreased. The two remaining representatives stated that it had
neither increased nor decreased. One of these representatives
commented that candidates are predisposed to certain issues based on
their core beliefs and there is not any correlation between public
financing and the likelihood that the elected officials will serve the
interests of their constituents free of influence. With regard to
changes in interest group influence, three Maine representatives
stated that they have less of a relationship with candidates. One of
these three representatives stated that interest groups are one step
removed from the candidate because to make independent expenditures
they cannot directly coordinate with the candidate. As a result, this
representative further stated that interest groups have established
stronger relationships with political parties. Another of these
representative believed that the public financing program has slightly
decreased the role of interest groups because money tends to be
funneled through the political parties. Also, there has been more
emphasis on interest groups giving their endorsements of candidates
rather than giving them money.
With regard to Arizona interest groups we interviewed, four of the
five representatives said that the likelihood that elected officials
serve the interests of their constituents free of influence by
specific individuals or interest groups neither increased nor
decreased as a result of the public financing program. One of the five
representatives stated that the likelihood that elected officials
serve the interests of their constituents had decreased but did not
elaborate. Regarding interest group influence, two of the five
representatives expressed opinions about whether changes in interest
group influence as a result of the public financing programs have
occurred. For example, one of these representatives stated that prior
to the public financing program, interest groups made direct
contributions to the candidates, but now they have to make independent
expenditures or give money to the political parties. This
representative stated that public financing has led to fringe
candidates entering races and has caused a polarization in the
legislature that has decreased the role of interest groups. Another
representative stated that the interest groups do not directly support
the candidate's campaigns and, instead, make independent expenditures.
He also stated that there has also been an increased emphasis on
volunteer campaign activities in which interest groups use their
members to help certain candidates.
Public Confidence in Government Did Not Increase as a Result of the
Public Financing Programs in Maine and Arizona:
In 2002 and 2009, the percentage of voting-age citizens in Maine and
Arizona who said that their confidence in state government had
somewhat or greatly decreased was not significantly different from
those who said that their confidence had somewhat or greatly increased
as a result of the public financing law. Additionally, the predominant
response in both states was that respondents did not believe that the
public financing program had any effect on their confidence in state
government, as shown in table 19. For example, in Maine in 2009, the
percentage of voting-age citizens who stated that the public financing
law had no effect was 42 percent while the percent who felt that their
confidence had somewhat or greatly increased was 20 percent, and the
percent who felt their confidence had somewhat or greatly decreased
was 15 percent. In Arizona, the percentage of voting-age citizens who
stated that the public financing law had no effect was 39 percent in
2009, while the percent who felt that their confidence had somewhat or
greatly increased was 26 percent, and the percent who felt their
confidence had somewhat or greatly decreased was 22 percent.
Table 19: Maine and Arizona Voting-Age Citizens' Views on Confidence
in State Government, among Those Aware of the Law:
State: Maine;
GAO survey questions and response options: To what extent has Maine's
Clean Election Law increased or decreased your confidence in state
government? Would you say the Law has greatly increased, somewhat
increased, has had no effect, has somewhat decreased, or greatly
decreased your confidence in state government or is it too soon to
tell?
Greatly increased;
Percent of voting age citizens[A]: 2002: 2%;
Percent of voting age citizens[A]: 2009: 3%.
Somewhat increased;
Percent of voting age citizens[A]: 2002: 15;
Percent of voting age citizens[A]: 2009: 17.
Had no effect;
Percent of voting age citizens[A]: 2002: 39;
Percent of voting age citizens[A]: 2009: 42.
Somewhat decreased;
Percent of voting age citizens[A]: 2002: 5;
Percent of voting age citizens[A]: 2009: 6.
Greatly decreased;
Percent of voting age citizens[A]: 2002: 3;
Percent of voting age citizens[A]: 2009: 9.
Too soon to tell, unsure, or declined to answer;
Percent of voting age citizens[A]: 2002: 35;
Percent of voting age citizens[A]: 2009: 23.
State: Arizona;
GAO survey questions and response options: To what extent has
Arizona's Clean Election Law increased or decreased your confidence in
state government? Would you say the Law has greatly increased,
somewhat increased, has had no effect, has somewhat decreased, or
greatly decreased your confidence in state government?
Greatly increased;
Percent of voting age citizens[A]: 2002: 2;
Percent of voting age citizens[A]: 2009: 3.
Somewhat increased;
Percent of voting age citizens[A]: 2002: 19;
Percent of voting age citizens[A]: 2009: 23.
Had no effect;
Percent of voting age citizens[A]: 2002: 33;
Percent of voting age citizens[A]: 2009: 39.
Somewhat decreased;
Percent of voting age citizens[A]: 2002: 9;
Percent of voting age citizens[A]: 2009: 11.
Greatly decreased;
Percent of voting age citizens[A]: 2002: 5;
Percent of voting age citizens[A]: 2009: 11.
Too soon to tell, unsure, or declined to answer;
Percent of voting age citizens[A]: 2002: 30;
Percent of voting age citizens[A]: 2009: 13[B].
Source: GAO.
Notes: We included respondents who indicated that they were a lot,
some, or a little aware of the respective states' public financing
law. For Maine in 2009, the number of respondents for this question
was 214, and the maximum 95 percent confidence interval for these
survey results is plus or minus 6.7 percent. In 2002, the number of
respondents for this question was 157, and the maximum 95 percent
confidence interval for these survey results is plus or minus 8
percent. For Arizona in 2009, the number of respondents for this
question was 424, and the maximum 95 percent confidence interval for
these survey results is plus or minus 5 percent. In 2002, the number
of respondents for this question was 433, and the maximum 95 percent
confidence interval for these survey results is plus or minus 5
percent.
[A] Totals may not equal 100 due to rounding.
[B] The "too soon to tell" response option was offered in the 2002
survey, but was inadvertently omitted from the 2009 survey in Arizona.
[End of table]
In Maine and Arizona, over half of the candidates we interviewed
reported that the public's confidence in government had not changed as
a result of the public financing programs. Over half of the candidates
in Maine (6 of 11) said the public's confidence in government neither
increased nor decreased as a result of the public financing program.
One of these candidates explained that he did not think many people
were aware of the public financing program. Three of the 11 candidates
said that the public's confidence in government decreased in 2008
because of the public financing program. According to one candidate,
people have been disappointed with the quality of the candidates, and
their confidence in government has decreased as a result. On the other
hand, 2 of the 11 candidates said that the public financing program
increased the public's confidence in government.
In Arizona, 7 of the 11 candidates interviewed said that the public's
confidence in government neither increased nor decreased as a result
of the public financing program. The remaining 4 candidates were
divided. Two candidates said that the public's confidence in
government greatly increased or increased as a result of the public
financing program. One of these candidates commented that the public
financing program goes beyond providing public financing by providing
a public forum and publications that play an important role in
informing voters about the races and candidates. However, 2 candidates
said that the public's confidence in government has decreased as a
result of the public financing program. One of these candidates said
that the public financing program resulted in a more divisive
government, which has slightly decreased the public's confidence in
government.
Candidates and Interest Groups Representatives Reported Campaign
Tactics Changed as a Result of the Public Financing Programs:
Candidates and interest group representatives in Maine and Arizona
provided a range of perspectives on how campaign tactics have changed
under the public financing programs. Their observations included
changes in how money is spent and the role of political parties and
the timing of campaign activities.[Footnote 65]
Candidates in both Maine and Arizona identified changes regarding how
money is spent and the role of political parties since the
implementation of the public financing programs. For example, in
Maine, one candidate told us that private funding that would have gone
directly to fund candidate campaigns has been redirected to political
parties, who strategically focus their resources in certain races to
help elect their candidates. Candidates reported that political
parties have helped support candidates by providing advice, polling
services, campaign volunteers, distributing campaign literature, and
making automated telephone calls to constituents on behalf of
candidates. According to another Maine candidate, political parties
are advising candidates to participate in the public financing program
so that the political parties and political action committees can
raise more money for their organizations.[Footnote 66] However, other
candidates had different perspectives on the role of political parties
under the public financing program. For example, one candidate told us
that since participating candidates receive public financing, they are
less dependent on political parties for money, less willing to listen
to the party leadership, and are more empowered to make their own
decisions.
Candidates in Arizona reported similar changes in how money is spent
and the role of political parties. For example, one candidate
commented that now more money is being funneled through the political
parties rather than being directly provided to the candidates. Another
candidate said that political parties have used the public financing
program as a vehicle, explaining that when candidates use public funds
for their campaigns, the money that would have normally gone to the
candidate is now diverted to other candidates or causes. According to
one candidate, after public financing, political parties are more
active and have more extensive field operations to support candidates
in a greater number of districts. Further, four candidates said that
political parties are gaming the public financing system to maximize
support for their candidates. For example, one candidate explained
that if two Republican candidates or two Democratic candidates were
running in the same multimember district, then partisan groups could
make independent expenditures on behalf of one candidate that would
trigger matching funds for the other participating candidate. However,
two candidates said their party did not get involved in their races in
the 2008 election, and one candidate said she did not observe any
change in the role of political parties since the implementation of
the public financing program. Furthermore, one candidate said that
under the public financing program, candidates have more independence
from political parties, noting that she relies on support from a broad
constituency in her district, not just from her political party.
Interest group representatives in both Maine and Arizona identified
changes regarding how money is spent and the role of political parties
since the implementation of the public financing programs. For
example, in Maine, one interest group representative stated that the
group coordinates its expenditures through the party caucus committees
and other interest groups. He said that substantial contributions from
the caucuses are now made to candidate campaigns without the
candidates' knowledge. These committees are also engaged in public
polling on an ongoing basis to identify voting patterns and
constituent concerns in order to identify candidates to support.
Another representative stated that because she made contributions to
the political party, she does not have a way to know how her political
action committee money is being spent because the committee makes
independent expenditures on behalf of the candidate. Further, she
stated that for participating candidates, the only thing an interest
group can do is give an endorsement. In turn, participating candidates
use these endorsements in their campaign advertisements. On the other
hand, one representative said that there has not been much difference
in campaign tactics since public financing has been available, and
another representative said that the same tactics, such as direct
mailers and going door-to-door for monetary solicitations, have been
used.
Interest group representatives in Arizona similarly reported that
public financing has changed campaign strategies. For example, one
representative said that there is an increased reliance on volunteer
activities, especially for statewide races. This representative stated
that the amount of public funds for statewide candidates is not
adequate, so candidates must rely on volunteers to get their message
out. Volunteer activities, such as handing out flyers door-to-door or
working phone banks to call voters, have become increasingly
important. Another representative stated that since more candidates
are participating in the public financing program and cannot accept
direct contributions, there is more money available to
nonparticipating candidates. He has noticed that nonparticipating
candidates are asking for more money from interest groups than before
public financing. According to another representative, campaign
strategies are evolving. For example, a recent strategy has been the
teaming of public and private candidates to maximize their resources
such as on mailers.
Candidates and interest group representatives in Maine and Arizona
also commented on how the public financing program has changed the
timing of some campaign activities. In Maine, three candidates said
that candidates or interest groups are changing the timing of spending
in order to minimize either the amount or the effectiveness of
matching funds distributed to opponent participating candidates. For
example, one participating candidate told us that supporters of his
opponent distributed mailers right before the date when communications
that support or oppose clearly identified candidates are presumed to
be independent expenditures and trigger matching funds for
participating opponents. Another strategy, according to one candidate,
is for nonparticipating candidates or interest groups to spend money
in the days immediately before the election, when participating
candidates' ability to use the money is effectively restricted due to
time constraints. In response, one candidate told us that
participating candidates have television, radio, or other
advertisements ready in case they receive additional matching funds
that need to be spent quickly.
In Arizona, five candidates said that the tactics surrounding the
timing of campaign spending have changed since the implementation of
the public financing program. For example, one candidate said that the
start of the campaign season is determined by the date on which
spending by or on behalf of candidates triggers matching funds. In
addition, one candidate explained that nonparticipating candidates
have changed the timing of fundraising efforts, so that more funds are
raised at the end of campaign, when it is more difficult for
participating candidates to spend matching funds effectively. As in
Maine, one candidate in Arizona said that participating candidates
have responded to this tactic by preparing advertisements ahead of
time, just in case they receive additional matching funds.
Interest group representatives in Maine and Arizona also commented on
how the public financing program has changed the timing of some
campaign activities. In Maine, one interest group representative
stated that candidates were strategically timing their advertisements
to gain a competitive advantage. For example, candidates are thinking
about from whom to get their seed money, and when to qualify for the
money. In addition, usually, incumbents have an advantage because they
can send out newsletters to constituents close to the election without
triggering matching funds. This representative stated the biggest
consideration regarding campaign strategies is how and when matching
funds will be triggered by the independent expenditures. She said that
independent expenditures are made in the last 5 days before an
election on the assumption that the opposing participating candidate
cannot make effective use of the matching funds. In Arizona, one
interest group representative said that generally nonparticipating
candidates control the timing of their fundraising and spending, and
participating candidates make plans to spend matching funds to counter
last-minute attack advertisements.
Data Limitations and Differences in Measurement Hinder Analysis of
Changes in Voter Participation in Maine and Arizona:
While increasing voter participation, as indicated by increases in
voter turnout, was a goal of public financing programs in Maine and
Arizona, limitations in voter turnout data, differences in how voter
turnout is measured across states and data sources, and challenges
isolating the effect of public financing programs on voter turnout
hindered the analysis of changes over time.
Voter turnout is typically calculated as a percentage of the voting-
age population (VAP) or voting-eligible population (VEP) who cast a
ballot in an election.[Footnote 67] The calculation of changes in
voter turnout over time depends less on the specific data used for the
numerator and denominator than it does on the consistency of how these
data were collected over time and the use of comparable time frames
and types of elections (e.g., presidential and congressional races).
[Footnote 68] However, data reporting issues, changes in measurement,
and other factors affect the calculation of voter turnout estimates.
With respect to data limitations, data on voter turnout are not
consistent across states or data sources. Depending on the source, the
numerator of the turnout calculation (i.e., who cast a ballot in an
election) may include the total number of approved ballots cast, the
number of ballots counted whether or not they were approved, self-
reports of voting information, or the number of ballots cast for the
highest office on a ticket, such as for president. For example,
official voter turnout data compiled by the Election Assistance
Commission (EAC) are based on surveys of states; however, states vary
in their policies, for example, related to voter registration, as well
as in which turnout statistics they report.[Footnote 69] Some states
report voter turnout as the highest number of ballots counted, whereas
other states report voter turnout as the number of votes for the
highest office. Further, which specific statistic is reported is not
necessarily constant over time. For example, EAC data prior to 2004
provide voter turnout based on the number of votes for the highest
office on the ticket. Beginning in 2004, EAC reported total ballots
cast, counted, or total voters participating for Maine and Arizona,
but has not consistently reported the vote for highest office in these
states. The Federal Election Commission (FEC) also provides
information on turnout for federal elections, but the specific highest
office in a given state and year could be for a state office such as
governor that would not be reported along with federal election
results.
Other voter turnout statistics, including those based on surveys of
U.S. residents as part of the Census Bureau's Current Population
Survey (CPS) or the American National Election Studies, rely on
respondents' self-reports of voting behavior.[Footnote 70] However,
self-reports of voting behavior are subject to overreporting because
many respondents perceive that voting is a socially desirable
behavior. Additionally, estimates of voting based on self-reports can
fluctuate depending on the wording of the question used in a survey.
Further, survey results are generalizable only to the population
covered by the survey, or sampling, frame.[Footnote 71] The CPS
sampling frame excludes individuals living in group quarters such as
nursing homes, meaning that estimates of turnout based on CPS data
would not include turnout among these individuals. Data on other forms
of voter participation, such as volunteering for a campaign,
contacting media, donating money, fundraising, and contacting
representatives on issues of concern, are limited because they are
rarely collected with the express purpose of making state-level
estimates, and surveys with this information are not usually designed
in a manner to allow comparison across individual states over many
years.
In addition, measurements of the denominator of voter turnout differ
with respect to whether citizenship or other factors that affect
eligibility are taken into account. Turnout estimates produced by the
Census Bureau have historically used the VAP as a denominator, which
includes those U.S. residents age 18 and older. In theory, a more
accurate estimate of voter turnout can be made by adjusting VAP to
account for the statutory ability of individuals to vote, in
particular by removing noncitizens from the estimate. This is
particularly important at the state level because the proportion of
noncitizens varies across states and over time.[Footnote 72] However,
the practical application of such adjustments may be complicated by
the timing of available data relative to the date of the election or
by other data limitations. For example, although the Census Bureau
began to produce estimates of a citizen VAP for EAC in 2004, the
estimate is calculated as of July 1 of the election year and does not
adjust for population changes that may occur between July and the time
of the election. Other alternatives for adjusting VAP for citizenship
include calculating estimates between decennial Census surveys. The
Census data currently provided to EAC include adjustments for
citizenship based on another alternative, the American Community
Survey (ACS).[Footnote 73] The ACS uses a different sampling frame
than other surveys used to adjust for citizenship, such as the CPS,
and has slightly different estimates of citizenship.[Footnote 74] In
addition to adjustments for citizenship, researchers have also
adjusted VAP to account for other factors that affect eligibility to
vote, including state felony disenfranchisement laws, and overseas
voting, among others. To make these adjustments, researchers use
alternative data sources such as information on the population in
prison from the Department of Justice's Bureau of Justice Statistics;
however, these adjustments cannot always be applied similarly because
of differences across states over time (such as in the proportion of
probationers that are felons).
Lastly, changes in voter turnout cannot be attributed directly to
public funding as there are a number of factors that affect voter
turnout. Voter turnout can be affected by demographic factors such as
age, income, how recently a person registered to vote, and previous
voting history. For example, studies have shown that much higher
percentages of older Americans vote than do younger citizens. Voter
turnout can also be influenced by a broad range of contextual factors,
including the candidates and their messages, mobilization efforts,
media interest, campaign spending, and negative advertising. These
potential confounding factors, along with aforementioned difficulties
in calculating precise and consistent turnout information at the state
level, prevented us from quantifying the extent to which, if any,
Maine's and Arizona's public financing programs affected these states'
voter turnout. Additional information about factors influencing the
determination of changes in voter participation in Maine and Arizona
can be found in the e-supplement accompanying this report--GAO-10-
391SP.
Concluding Observations:
Seven years ago our 2003 report concluded that with only two elections
from which to observe legislative races--2000 and 2002--it was too
early to precisely draw causal linkages to resulting changes. Today,
following three additional election cycles--2004, 2006, and 2008--the
extent to which there were changes in program goals is still
inconclusive. There were no overall observable changes in three of the
four goals, and we cannot attribute observed changes with regard to
the winner's victory margin in Maine and Arizona to the public
financing programs because other factors, such as changing economic
conditions and candidate popularity, can vary widely and affect
election outcomes. Further, essential data needed, such as uniform
voter registration and turnout data across states, do not currently
exist to enhance analyses conducted and, in the case of the fifth
goal, increasing voter participation, to allow for analysis of
changes. While undertaking considerable efforts to obtain and assemble
the underlying data used for this report and ruling out some factors
by devising and conducting multiple analytic methods, direct causal
linkages to resulting changes cannot be made, and many questions
regarding the effect of public financing programs remain.
Public financing programs have become an established part of the
political landscape in Maine and Arizona and candidates have chosen to
participate or not participate based on their particular opponents and
personal circumstances and values. The public financing program is
prevalent across these states, and in each election cycle new
strategies have emerged to leverage aspects of the public financing
program by candidates and their supporters to gain advantage over
their opponents. The trend of rising independent expenditures as an
alternative to contributing directly to candidates is clear and its
effect is as yet undetermined.
Third-Party Views and Our Evaluation:
We requested comments on this draft from the Maine and Arizona Offices
of the Secretary of State and the commissions overseeing the public
financing programs in each state. We received technical comments from
the Arizona Citizens Clean Elections Commission, which we incorporated
as appropriate. We did not receive any comments from the other
agencies.
We are sending copies of this report to interested congressional
committees and subcommittees. In addition, the report will be
available at no charge on the GAO Web site at [hyperlink,
http://www.gao.gov].
If you or your staffs have any questions concerning this report,
please contact me at (202) 512-8777 or jenkinswo@gao.gov. Contact
points for our Offices of Congressional Relations and Public Affairs
may be found on the last page of this report. Key contributors to this
report are listed in appendix IV.
Signed by:
William O. Jenkins, Jr.
Director, Homeland Security and Justice Issues:
[End of section]
Appendix I: Objectives, Scope, and Methodology:
Objectives:
In accordance with the congressional direction specified in Senate
Report 110-129 to revisit and update our 2003 report on the public
financing programs in Maine and Arizona[Footnote 75] to account for
data and experiences of the past two election cycles,[Footnote 76]
this report:
* provides data related to candidate program participation, including
the number of legislative candidates who chose to use public funds to
run for seats in the 2000 through 2008 elections in Maine and Arizona
and the number of races in which at least one legislative candidate
ran an election with public funds; and:
* describes statistically measurable changes and perceptions of
changes in the 2000 through 2008 state legislative elections in five
goals of Maine's and Arizona's public financing programs--(1)
increasing electoral competition by, among other means, reducing the
number of uncontested races (i.e., races with only one candidate per
seat in contention); (2) increasing voter choice by encouraging more
candidates to run for office; (3) curbing increases in the cost of
campaigns; (4) reducing the influence of interest groups and, thereby,
enhance citizens' confidence in government; and (5) increasing voter
participation (e.g., voter turnout)--and the extent to which these
changes could be attributed to the programs.
Overview of Our Scope and Methodology:
To obtain background information and identify changes since our 2003
report, we conducted a literature search to identify relevant reports,
studies, and articles regarding the public financing programs in Maine
and Arizona, as well as campaign finance reform issues generally,
which had been published since May 2003 when our report was issued.
Based on our literature review, discussions with researchers who have
published relevant work on public financing programs or state
legislatures, and suggestions by state officials in Maine and Arizona,
we interviewed 9 researchers[Footnote 77] and 17 representatives of
advocacy groups and other organizations concerned with campaign
finance reform or issues related to state legislative elections.
[Footnote 78] See the bibliography for a listing of the reports and
studies we reviewed.
We reviewed the state statutes governing the public financing program--
Maine's Clean Election Act and Arizona's Citizens Clean Elections Act--
from 2002 through 2009 and other documentation related to the public
financing program, such as candidate handbooks and annual reports, to
determine any changes in the programs since our 2003 report. In
addition, we interviewed state election officials in the commissions
responsible for administering the two programs--Maine's Commission on
Governmental Ethics and Election Practices and Arizona's Citizens
Clean Elections Commission. We also interviewed officials in Maine's
and Arizona's Offices of the Secretary of State, the agencies
responsible for supervising and administering state elections
activities, such as tabulating official election results. Through our
discussions with Maine and Arizona state officials and our review of
changes to the public financing statutes in both states from 2002
through 2009, we determined that the five goals of the public
financing programs, as set out in our 2003 report, have not changed.
[Footnote 79]
We reviewed the Web sites of Maine's Commission on Governmental Ethics
and Election Practices (www.state.me.us/ethics) and Arizona's Citizens
Clean Elections Commission (www.azcleanelections.gov) to obtain
information on the public financing programs, such as candidate
handbooks and forms necessary in order to run for office.
Additionally, we reviewed information on state elections on the Web
sites of Maine's Secretary of State (http://www.maine.gov/sos) and
Arizona's Secretary of State (http://www.azsos.gov). Officials from
these state agencies told us that their respective Web sites were
current and reliable for our review.
In addressing the objectives, we obtained and analyzed, to the extent
possible, available statistical data from Maine's and Arizona's
commissions and Secretaries of State offices on candidate program
participation, election outcomes, and reported campaign spending from
the 1996 through 2008 state legislative elections. We assessed the
quality and reliability of electronic data provided to us by officials
in Maine and Arizona by performing electronic testing for obvious
errors in accuracy and completeness; validating the data using other
sources; and reviewing the associated documentation, such as system
flow charts. We also interviewed state officials about their data
systems and any issues or inconsistencies we encountered with the
processing of the data. When we found discrepancies, such as
nonpopulated fields, we worked with state officials to correct the
discrepancies before conducting our analyses. Based on these tests and
discussions, we determined that the data included in the report were
sufficiently reliable for our purposes. Although the public financing
programs in Maine and Arizona cover both legislative and certain
statewide offices, we limited the scope of our review to legislative
candidates, since most of the elections for statewide offices occurred
every 4 years and sufficient data would not have been available to
conduct our analyses and draw conclusions.[Footnote 80]
To obtain candidates' and interest groups' perspectives about the
public financing programs, we conducted telephone interviews with a
nonprobability sample of 22 out of 653 candidates who ran in 2008
state legislative primary and general elections in Maine (11 out of
452 candidates) and Arizona (11 out of 201 candidates). We conducted
interviews with candidates from each state from June through September
2009. We selected these candidates to reflect a range of those who did
and did not use public financing, won or lost in primary and general
elections, had different political party affiliations, ran for
election in different legislative chambers, and were incumbents and
challengers. In our interviews, we asked similar, but not identical,
questions to those from our 2003 report.[Footnote 81] Specifically, we
included questions about the candidates' views on factors influencing
their decision to participate or not participate in the public
financing program, the effects of the public financing program on
electoral competition and campaign spending, and changes in the
influence of interest groups on elections. We coded the candidates'
responses to the interview questions and conducted a content analysis
to categorize responses and identify common themes.
Further, we interviewed a nonprobability sample of 10 interest group
representatives--5 in Maine and 5 in Arizona. In Maine, we selected
these interest groups from a listing of approximately 80 registered
interest groups provided by a Maine state official. In Arizona, we
selected interest groups from a total of approximately 220 interest
groups, which we identified through the Arizona Secretary of State
campaign finance Web site as contributors to campaigns during the 2008
election cycle.[Footnote 82] We selected these interest groups based
on several factors, including industry sectors, such as communications
or construction, range of contributions made to political campaigns,
and availability and willingness of the representatives to participate
in our interviews. Results from these nonprobability samples cannot be
used to make inferences about all candidates or interest groups in
Maine and Arizona. However, these interviews provided us with an
overview of the range of perspectives on the effects of the public
financing programs. Results from the candidate interviews are included
in report sections regarding candidate participation, voter choice,
electoral competition, campaign spending, and interest group
influence. Results from the interest group interviews are included in
report sections regarding electoral competition, campaign spending,
and interest group influence.
Further details about the scope and methodology of our work regarding
each of the objectives are presented in separate sections below.
Candidate Participation:
To provide data related to candidate program participation, including
the number of legislative candidates who chose to use public funds to
run for legislative seats ("participating candidates") in the 2000
through 2008 elections in Maine and Arizona and the number of races in
which at least one candidate ran an election with public funds, we
obtained data from Maine's and Arizona's commissions and Offices of
the Secretary of State. Specifically, for each state, we obtained or
calculated data showing:
* the number of legislative candidates who chose to use public funds
to run for seats in the 2000 through 2008 elections,[Footnote 83]
* the seats (i.e., House or Senate) for which they were candidates,
* the political party affiliation of the candidates,
* whether the candidates were incumbents[Footnote 84] or challengers,
* whether the candidates were successful in their races, and:
* the number of races in which at least one legislative candidate ran
an election with public funds.
As used in our report, "challengers" consist of all nonincumbent
candidates. Thus, a candidate who was not an incumbent is called a
challenger, even if that candidate did not face an opponent. Also, in
counting races to calculate the proportion of races with at least one
participating candidate, we included all races in which there was a
candidate on the ballot regardless of whether or not the candidate
faced a challenger. Additionally, we eliminated from our analyses all
candidates with zero votes and write-in candidates whose names did not
appear on the ballot.
Electoral Competition:
In designing our approach to assess electoral competition, we first
reviewed literature published since our 2003 report and interviewed
researchers and representatives of organizations and advocacy groups
who are concerned with public financing and campaign finance reform
issues in general. Specifically, we reviewed articles and interviewed
researchers and representatives of organizations concerned with public
financing issues who had conducted studies and research on electoral
competition in states. Based on our review of the literature and these
discussions, we concluded that there is no agreement on a standardized
methodology to measure electoral competitiveness in state legislative
elections. Thus, we used many of the same measures of electoral
competition as those in our 2003 report, including the:
* winners' victory margins, which refers to the difference between the
percentage of the vote going to the winning candidate and the first
runner up;
* percentages of contested races; which refers to the percentage of
all races with at least one more candidate running than the number of
seats in contention; and,
* incumbent reelection rates, which refers to the percentage of
incumbents who were reelected.[Footnote 85]
To assess changes in electoral competition in Maine and Arizona, we
examined changes in these three measures of electoral competition in
state legislative races by comparing the two elections before public
financing became available to the five elections with public
financing. However, unlike our 2003 report, we obtained and analyzed
general election data from 1996 through 2008 from four comparison
states that did not offer public financing programs for legislative
candidates to determine if changes identified in Maine's and Arizona's
general election outcomes for that same time period were similar to or
different from changes observed in the four comparison states.
[Footnote 86]
Four Comparison States:
We selected the four comparison states--Colorado, Connecticut,
Montana, and South Dakota--based on a number of factors, including
geographic proximity to Maine or Arizona; the capacity of the state
legislature;[Footnote 87] the presence of legislative term limits;
structure of the state legislature, such as legislative districts with
more than one representative; and district size. In selecting our
comparison states, we also reviewed other factors such as demographic
and economic characteristics, including age, race, and poverty levels,
and urban/rural population distribution, and recommendations from
researchers and experts with knowledge of state legislatures we
interviewed. Although all states were potentially candidates for
comparison to Maine and Arizona, we eliminated some states (such as
those with odd-year election cycles or a unicameral legislature) from
our review because of their dissimilarity to Maine and Arizona, and
focused primarily on those states that were recommended to us by
researchers and experts we interviewed with knowledge of state
legislatures. We also considered whether a state had reliable
electronic data that covered the 1996 through 2008 general elections
and whether the state was able to provide the data to us within the
time frame of our review. No state we considered perfectly matched
Maine or Arizona across the full range of characteristics we reviewed.
Table 20 summarizes some of the characteristics we used to select the
four comparison states for comparison to Maine and Arizona.
Table 20: Characteristics of the State Legislatures in Maine, Arizona,
and Their Respective Comparison States:
State: Maine;
Public financing available for legislative candidates: Yes;
Legislative capacity[A]: III;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (both chambers);
Number of constituents per House district[B]: 8, 400;
Number of constituents per Senate district[B]: 36,400.
State: Connecticut;
Public financing available for legislative candidates: No[C];
Legislative capacity[A]: II;
Term limits: No;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (both chambers);
Number of constituents per House district[B]: 22,600;
Number of constituents per Senate district[B]: 94,600.
State: Montana;
Public financing available for legislative candidates: No;
Legislative capacity[A]: III;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (both chambers);
Number of constituents per House district[B]: 9,000;
Number of constituents per Senate district[B]: 18,000.
State: South Dakota;
Public financing available for legislative candidates: No;
Legislative capacity[A]: III;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (Senate);
Multimember[D] (House);
Number of constituents per House district[B]: 10,800;
Number of constituents per Senate district[B]: 21,600.
State: Arizona;
Public financing available for legislative candidates: Yes;
Legislative capacity[A]: II;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (Senate);
Multimember (House);
Number of constituents per House district[B]: 85,500;
Number of constituents per Senate district[B]: 171,000.
State: Colorado;
Public financing available for legislative candidates: No;
Legislative capacity[A]: II;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (both chambers);
Number of constituents per House district[B]: 66,200;
Number of constituents per Senate district[B]: 122,900.
State: Montana;
Public financing available for legislative candidates: No;
Legislative capacity[A]: III;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (both chambers);
Number of constituents per House district[B]: 9,000;
Number of constituents per Senate district[B]: 18,000.
State: South Dakota;
Public financing available for legislative candidates: No;
Legislative capacity[A]: III;
Term limits: Yes;
Contribution limits: Yes;
Single or multimember districts (chamber): Single (Senate);
Multimember (House);
Number of constituents per House district[B]: 10,800;
Number of constituents per Senate district[B]: 21,600.
Source: National Conference of State Legislatures.
[A] Reflects the National Conference of State Legislatures'
categorization of legislative capacity, which uses a color-coding
system to signify differences among the 50 states. Category I (red)
legislatures generally require legislators to spend 80 percent or more
of a full-time job working as legislators, have the largest ratio of
legislative office staffs to number of legislators, and generally have
the highest compensation. Category II (white) legislatures generally
require legislators to spend more than two-thirds of a full-time job
working as legislators, have intermediate-sized staff, and compensate
legislators at a rate which usually not enough to allow them to make a
living without having other sources of income. Category III (blue)
legislatures generally require legislators to spend the equivalent of
half of a full-time job doing legislative work, have relatively small
staffs, and offer low levels of compensation. See National Conference
of State Legislatures, Full and Part-Time Legislatures,
http://www.ncsl.org/?tabid=16701.(accessed on Jan. 22, 2010).
[B] Constituents per district are as of 2000.
[C] Public financing was available to candidates running in
Connecticut's 2008 legislative elections for the first time.
[D] The exception are two House districts, which are subdivided into
single-member districts.
[End of table]
We conducted analyses, to the extent possible, of the four comparison
states' election data for 1996 through 2008 for comparison with Maine
and Arizona to determine whether any trends or patterns observed in
states with public financing were also seen in the four comparison
states that do not have public financing programs.[Footnote 88] For
our analyses, we compared Maine with the election outcomes of
Connecticut, Montana, and South Dakota. We compared Arizona with the
election outcomes of Colorado, Montana, and South Dakota.[Footnote 89]
Generally, when conducting these analyses, we separated House and
Senate elections and grouped Maine's and Arizona's election outcomes
before the public financing program became available (1996 and 1998
elections) and election outcomes after public financing (2000 through
2008) with election outcomes in the comparison states during the same
time periods.
Victory Margins:
We measured victory margins in three ways. First, we calculated the
average margin of victory for contested elections, defined in single-
member districts as the difference in the number of votes between the
winner and first runner up, divided by the total vote count. This
measure is generally equivalent to the calculation of margin of
victory in our 2003 report.[Footnote 90] For multimember districts, we
defined the margin of victory as the number of votes going to the
second winner minus the number of votes going to the runner up,
excluding the number of votes going to the first winner from the
denominator. Second, we compared whether changes in the margin of
victory had an effect on the competitive nature of elections as
defined by the distribution of the vote outcome between the winner and
first runner-up. We compared close elections--defined as a difference
of less than 10 percentage points in votes between the winning and
losing candidates--with elections that were not as close--10
percentage points or more difference in votes between the winning and
losing candidates. Third, we compared "landslide elections" or races
with decisive winners--defined as a difference of more than 20
percentage points in votes between the winning and losing candidates--
with elections that were not landslides--defined as 20 percentage
points or less difference in votes between the winning and losing
candidates.
Number of Contested Races:
We measured the number of contested races by contrasting elections in
which the number of candidates exceeded the number of seats available
in the race with elections in which the number of candidates was equal
to the number of seats available.
Incumbent Reelection Rates:
We measured incumbent reelection rates in two ways. First, for those
general election races with incumbents that were contested, we
calculated the percentage of races with incumbents who won compared to
all races with incumbents.[Footnote 91] Second, we calculated the
percentage of individual incumbents who won, relative to all
incumbents who ran.[Footnote 92] To assess whether our calculations of
incumbent reelection rates were sensitive to redistricting that forced
incumbents from formerly separate districts to run against each other,
we calculated the individual incumbency reelection rate excluding
incumbents who participated in races with more incumbents than seats.
[Footnote 93] Although we were not able to assess other potential
effects of redistricting on incumbent reelection rates, such as those
caused by demographic changes in a candidates' constituency, we
conducted a limited analysis of geographic changes in state
legislative district boundaries.[Footnote 94]
Multivariate Analyses:
We used two types of multivariate statistical methods, fixed effects
regression and hierarchical loglinear models, to evaluate how the
competitiveness of races in Maine and Arizona changed after the
implementation of public financing programs.[Footnote 95] Although
multivariate methods do not allow us to directly attribute changes in
outcomes to states' public financing programs, they do allow us to
assess whether changes in Maine and Arizona were unique relative to a
set of comparison states, controlling for other factors, and whether
the observed changes were different from what would have occurred by
chance. Our statistical models and estimates are sensitive to our
choice of comparison states for Maine and Arizona, thus researchers
testing different comparison states may find different results.
We estimated fixed effects regression models to rule out broad groups
of variables that may explain the patterns in our data without
directly measuring them. Fixed effects models account for unmeasured
factors that do not change over time (such as the structure of the
state legislature), or that change in the same way (such as which
party controls the U.S. Congress), for all states or legislative
districts. This feature is particularly useful for our analysis
because comprehensive and reliable data are not available on many of
the factors that affect the competitiveness of state elections, such
as long-term district partisanship, local economic conditions, and
candidate quality.
We estimated a variety of fixed effects models to gauge the
sensitivity of the results to different assumptions and alternative
explanations. These included the following:
* Models that included fixed effects for districts and each
combination of state and chamber of the legislature. These models
estimate the district effects separately than the state effects.
[Footnote 96]
* Models that excluded multimember districts. These models confirm
that our results are not sensitive to our choice of measure of margin
of victory for multimember districts.
* Models that logged the margin of victory to normalize the data to
account for outlying data. These models reduce the potential influence
of highly uncompetitive races.
* Models that excluded races with no incumbent running for reelection.
These models account for the possibility that term limits influenced
whether a race was contested because they exclude those seats that
were open because of term limits.
* Models that excluded races from Connecticut in 2008 when public
funding became available. Full public financing was available for the
first time to state legislative candidates in the 2008 elections in
Connecticut.
* Models that excluded races in which the number of incumbents
exceeded the number of available seats. These models confirm that our
results are not sensitive to our definition of an incumbent "win" when
more incumbents than available seats participated in a race.
We included fixed effects for each year and, where appropriate,
controlled for whether an incumbent was running for reelection. We
estimated the models of both continuous and binary outcomes using
linear probability models and robust variance estimators, due to the
fact that all of our covariates are binary (i.e., all of the variables
stand for the presence or absence or something, such as incumbency).
[Footnote 97]
We also estimated loglinear models to evaluate the changes in these
outcomes in House and Senate elections in Maine, Arizona, and the four
comparison states. In our analyses, we fit hierarchical models to the
observed frequencies in the different four-way tables or five-way
tables formed by cross-classifying each of the four outcomes by state
(Arizona vs. other states and Maine vs. other states), chamber (Senate
vs. House), time period (before public financing programs were
available in elections prior to 2000 and after public financing
programs were available in 2000 and later elections), and whether an
incumbent was or was not involved in the race.
We followed procedures described by Goodman (1978) and fit
hierarchical models that placed varying constraints on the odds and
odds ratios that are used to describe the associations of state,
chamber, and time period with each outcome.[Footnote 98] Ultimately,
we chose from among these different models a "preferred" model that
included factors that were significantly related to the variation in
each outcome and excluded those factors that were not.[Footnote 99]
We are issuing an electronic supplement concurrently with this report--
GAO-10-391SP. In addition to summary data on election outcomes in
Maine and Arizona, the e-supplement contains additional discussion on
the following issues:
* summary tables of the election data obtained from the four
comparison states;
* fixed effects model assumptions, sensitivity analysis, and results;
* loglinear model methods and results;
* margin of victory measures in multimember districts;
* incumbency reelection rates and the potential effect of district
boundary changes following the 2000 Census; and:
* voter turnout calculations and data.
Voter Choice:
To determine whether public financing encouraged more state
legislative candidates to run for office, we calculated the average
annual number of candidates per legislative primary and general
election races for seven election cycles, including two elections
preceding the public financing program--1996 and 1998--and five
elections after public financing became available--2000 through 2008.
Also, to determine whether there were different types of candidates
running for office, we compared the percentage of races with third-
party or independent legislative candidates who received at least 5
percent of votes cast for each of these seven election cycles. We
chose our threshold based on research and interviews with state
officials that suggested 5 percent of votes is commonly required for
parties to gain access to and retain ballot placement. Ballot
placement is critical in that it enables voters to use party
information to make voting decisions, and allows them to see
alternative party candidates at the same level as major party
candidates without having to recall a specific candidate name. This
definition of viability focuses on voter choice, and is distinct from
whether a candidate is "electable" or competitive with other
candidates.
Campaign Spending:
To determine changes in candidate spending, we obtained available
campaign spending and independent expenditure data from Maine and
Arizona.[Footnote 100] Specifically, we obtained summarized campaign
spending and independent expenditure data from Maine's Commission on
Governmental Ethics and Election Practices, the state agency
responsible for campaign spending reports. We found that Maine's
campaign spending data for the 1996 through 2008 election cycles and
independent expenditure data for the 2000 through 2008 election cycles
were sufficiently reliable. In Arizona, we obtained campaign spending
and independent expenditure data from the Secretary of State's office.
Due, in part, to several upgrades to Arizona's campaign finance data
systems over the time period reviewed, we found that Arizona's
campaign spending data for the 2000 through 2008 election cycles and
independent expenditure data for the 2008 election cycle were
sufficiently reliable, with limitations as noted. For example, up to
the 2008 election, Arizona's campaign spending database did not
include precise data to identify and link each candidate to his or her
campaign finance committee(s), the entities responsible for reporting
candidates' contributions and spending.[Footnote 101] Further, the
candidates' campaign finance committees can span several election
cycles and include spending reports for candidates who ran in several
races for the same or different offices, such as House or Senate.
Thus, to the extent possible, we matched candidates and candidate
campaign finance committees through electronic and manual means,
identified and calculated relevant candidate spending transactions,
and sorted the data by election cycle dates. Further, although
Arizona's Secretary of State office collected independent expenditure
data from 2000 through 2008, it did not collect data on the intended
beneficiaries of independent expenditures until the 2008 election
cycle. Therefore, we limited our analysis of independent expenditures
to the 2008 elections since we could not identify which candidates
benefited from the expenditure. We worked with state officials
responsible for the public financing programs and campaign finance
data systems in Maine and Arizona to develop our methodology for
analyzing these data. These officials reviewed summaries we wrote
about their respective databases and agreed that they were generally
accurate and reliable.
We calculated the average House and Senate legislative candidates'
spending in Maine for seven election cycles, from 1996 through 2008
and in Arizona for five election cycles, from 2000 through 2008. For
comparisons across years and to observe any trends, we adjusted all
candidate spending for inflation with 2008 as the base year using the
Department of Commerce's Bureau of Economic Analysis gross domestic
product implicit price deflator.
Interest Group Influence and Citizens' Confidence in Government:
To assess changes in interest group influence and citizens' confidence
in government, we included questions in our interviews with candidates
in Maine's and Arizona's 2008 elections and interviews with interest
groups in both states. Also, we contracted with professional pollsters
who conducted omnibus telephone surveys with representative samples of
voting-age citizens in Maine and Arizona.[Footnote 102] Generally,
this polling effort was designed to determine the extent to which
voting-age citizens in each state were aware of their state's public
financing program and to obtain their views about whether the program
has decreased the influence of interest groups, made legislators more
accountable to voters, and increased confidence in government.
In order to compare responses, the survey consisted of largely similar
questions to those asked for our 2003 report.[Footnote 103] The
questions for Maine and Arizona were identical, except for some minor
wording differences customized for the respective states, as shown in
table 21.[Footnote 104] Follow-up questions (e.g., questions 2, 3, and
4 in each set) were not asked of any individual who, in response to
question 1, acknowledged knowing "nothing at all" about the applicable
state's clean election law or was unsure or declined to answer. Since
we pretested largely similar questions with members of the general
public for our 2003 report, we did not pretest questions for this
effort.
Table 21: Questions Used for the Maine and Arizona Surveys:
State: Maine;
Questions asked of voting-age citizens:
1. I would like to ask you about Maine's clean election law. This law
provides campaign money to candidates running for governor and for
candidates to the state legislature. Would you say you know a lot,
some, a little, or nothing at all about Maine's clean election law?
2. Now, I would like to ask you about Maine legislators in general who
ran their campaigns with public funds in the 2008 elections. Would you
say that these state legislators who received public funds have been
much more, somewhat more, somewhat less, or much less accountable to
voters than legislators who did not get public funds, or has it not
made any difference?
3. To what extent do you think Maine's clean election law has
decreased or increased the influence of special interest groups on
legislators? Would you say the law has greatly decreased, somewhat
decreased, has had no effect, has somewhat increased, or greatly
increased the influence of special interest groups, or is it too soon
to tell?
4. To what extent has Maine's clean election law increased or
decreased your confidence in state government? Would you say the law
has greatly increased, somewhat increased, has had no effect, has
somewhat decreased, or greatly decreased your confidence in state
government, or is it too soon to tell?
State: Arizona;
Questions asked of voting-age citizens:
1. I would like to ask you about Arizona's clean election law. This
law provides campaign money to candidates running for statewide
office, such as the Corporation Commission or governor and for
candidates to the state legislature. Would you say you know a lot,
some, a little, or nothing at all about Arizona's clean election law?
2. Now, I would like to ask you about Arizona legislators in general
who ran their campaigns with public funds in the 2008 elections. Would
you say that these state legislators who received public funds have
been much more, somewhat more, somewhat less, or much less accountable
to voters than legislators who did not get public funds, or has it not
made any difference?
3. To what extent do you think Arizona's clean election law has
decreased or increased the influence of special interest groups on
legislators? Would you say the law has greatly decreased, somewhat
decreased, has had no effect, has somewhat increased, or greatly
increased the influence of special interest groups?
4. To what extent has Arizona's clean election law increased or
decreased your confidence in state government? Would you say the law
has greatly increased, somewhat increased, has had no effect, has
somewhat decreased, or greatly increased your confidence in state
government.
Source: GAO.
[End of table]
Contracted Polling Organizations:
To conduct the Maine poll, we contracted with Market Decisions
(Portland, Maine), the same polling organization that conducted the
Maine poll for our 2003 report. During October 19, 2009, to November
2, 2009, the firm completed 404 telephone interviews with randomly
selected adults throughout Maine. The sample of the telephone numbers
called was based on a complete updated list of telephone prefixes used
throughout the state. The sample was generated using software designed
to ensure that every residential number has an equal probability of
selection. When a working residential number was called, an adult age
18 or older in the household was randomly selected to complete the
interview. The 404 completed interviews represent a survey response
rate of 42.5 percent.
To conduct the Arizona poll, we contracted with Behavior Research
Center, Inc. (Phoenix, Arizona), the same polling organization that
conducted the Arizona poll for our 2003 report. During September 9
through 18, 2009, the firm completed telephone interviews with 800
heads of households in Arizona. To ensure a random selection of
households proportionately allocated throughout the sample universe,
the firm used a computer-generated, random digit dial telephone
sample, which selected households based on residential telephone
prefixes and included all unlisted and newly listed households.
Telephone interviewing was conducted during approximately equal cross
sections of daytime, evening, and weekend hours--a procedure designed
to ensure that all households were equally represented regardless of
work schedules. Up to five separate attempts were made with households
to obtain completed interviews. The 800 completed interviews represent
a survey response rate of 42.98 percent.
Survey Error:
All surveys are subject to errors. Because random samples of each
state's population were interviewed in these omnibus surveys, the
results are subject to sampling error, which is the difference between
the results obtained from the samples and the results that would have
been obtained by surveying the entire population under consideration.
Measurements of sampling errors are stated at a certain level of
statistical confidence. The maximum sampling error for the Maine
survey at the 95 percent level of statistical confidence is plus or
minus 6.7 percent. The maximum sampling error for the Arizona survey
at the 95 percent level of statistical confidence is plus or minus 5
percent.
Voter Participation (Turnout):
To examine changes in voter participation, we reviewed information
about voter turnout data from the Census Bureau, Federal Election
Commission, United States Election Assistance Commission, the American
National Election Studies, and other resources, including two
repositories of elections data and information--George Mason
University's United States Election Project (the Elections Project)
and the Center for the Study of the American Electorate.[Footnote 105]
We identified these sources through our review of the literature and
through discussions with researchers. To determine the extent to which
changes in voter participation could be assessed over time, we
reviewed documentation and research on these potential data sources,
including information on collection and measurement of the voting-age
population (VAP) or voting-eligible population (VEP) and the type of
turnout recorded. Finally, we examined data and methodologies for
measuring changes in voter turnout and other forms of participation to
determine whether changes in participation could be precisely measured
at the state level. We found that the different data sources required
to calculate changes in turnout are not always comparable across
sources and over time, because of differences in the way that data are
collected or changes in how turnout is defined. As such, there was no
need to conduct electronic testing to further assess the reliability
of the data for our purposes. This does not indicate that the data are
unreliable for other purposes. We also discussed voter turnout
calculations with state officials and researchers. Additional detail
about our work related to voter participation is included in the e-
supplement to this report--GAO-10-391SP.
We conducted this performance audit from November 2008 through May
2010, in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit
to obtain sufficient, appropriate evidence to provide a reasonable
basis for our findings and conclusions based on our audit objectives.
We believe that the evidence obtained provides a reasonable basis for
our findings and conclusions based on our audit objectives.
[End of section]
Appendix II: Overview of the Public Financing Programs for Legislative
Election Campaigns in Maine and Arizona:
Maine voters, by a margin of 56 percent to 44 percent, passed the
Maine Clean Election Act[Footnote 106] (Maine's Act) in November 1996.
Arizona voters, by a margin of 51 percent to 49 percent, passed the
Citizens Clean Elections Act[Footnote 107] (Arizona's Act) in November
1998. These ballot initiatives established optional financing programs
for candidates desiring to use public funds to finance their campaigns
as an alternative to traditional fundraising means, such as collecting
contributions from individuals or political action committees. The
Maine and Arizona programs were the first instances of state programs
that offered public funding intended to fully fund most campaign costs
of participating candidates seeking state legislature seats and
certain statewide offices.[Footnote 108] Both states' public financing
programs became available for candidates beginning with the elections
in 2000.
Generally, participating candidates--those candidates who forgo
private fund raising and who otherwise qualify to take part in the
respective state's public financing program--are to receive specified
amounts of money for their primary and general election campaigns.
Under Maine's and Arizona's laws, nonparticipating candidates--those
candidates who choose to continue using traditional means for
financing campaigns--are subject to certain limits on contributions
and reporting requirements.
This appendix provides an overview of the public financing programs
for legislative election campaigns in Maine and Arizona. Detailed
information is available on the Web sites of the state agencies
responsible for administering the respective program--Maine's
Commission on Governmental Ethics and Election Practices
(www.state.me.us/ethics) and Arizona's Citizens Clean Elections
Commission (www.azcleanelections.gov).
Maine's Public Financing Program:
Purposes of Maine's Public Financing Program:
Other than noting that the public financing program is an alternative
financing option available to certain candidates, Maine's Act has no
section that specifically details the purposes, goals, or objective of
the law. To get the initiative on the ballot, a coalition of interest
groups, the Maine Voters for Clean Elections, collected about 65,000
signatures.[Footnote 109] At that time, the coalition and other
proponents advertised that the public financing program would "take
big money out of politics" by limiting what politicians spend on
campaigns, reducing contributions from special interests, and
increasing enforcement of election laws. They said that the
initiative, if passed, would decrease the influence of wealthy
individuals, corporations, and political action committees in
politics, and would level the playing field so that challengers would
have a chance against incumbents. They asserted that politicians would
then spend more time focusing on the issues that affect all of their
constituents rather than spend time on pursuing money for their
campaigns. Further, proponents also advertised that the public
financing program would allow candidates who do not have access to
wealth the opportunity to compete on a more equal financial footing
with traditionally financed candidates, restore citizen's faith and
confidence in government, and give new candidates the opportunity to
run competitively against incumbents. In 2003 we reported that
according to Maine state officials and interest group representatives
we interviewed there was not any organized opposition to the
initiative when it was on the ballot.[Footnote 110]
A 2007 report by the Maine Commission on Governmental Ethics and
Election Practices reaffirmed that the goals of the program are
generally to increase the competitiveness of elections; allow
participating candidates to spend more time communicating with voters;
decrease the importance of fundraising in legislative and
gubernatorial campaigns; reduce the actual and perceived influence of
private money in elections; control the increase of campaign spending
by candidates; and allow average citizens a greater opportunity to be
involved in candidates' campaigns.[Footnote 111]
Requirements to Receive Public Funding in Maine:
In Maine, candidates who wish to participate in the state's public
financing option and receive funds for campaigning must first be
certified as a Maine Clean Election Act candidate. Certified
candidates, among other things, must (1) forgo self-financing and all
private contributions, except for a limited amount of "seed money,"
which are funds that may be raised and spent to help candidates with
the qualifying process prior to certification, and (2) demonstrate
citizen support by collecting a minimum number of $5 contributions
from registered voters. For example, as table 22 shows, to qualify for
public financing during the 2008 election cycle, a candidate in a
Maine House race had to gather $5 qualifying contributions from at
least 50 registered voters, and could raise no more than $500 of seed
money.
Table 22: Seed Money Limits and Number of Qualifying $5 Contributions
for Maine Legislative Candidates in the 2008 Election Cycle:
Office: House of Representatives;
Seed money limits (dollars): Total cap: $500;
Seed money limits (dollars): Individual contribution limit: $100;
Number of Qualifying contributions: 50.
Office: Senate;
Seed money limits (dollars): Total cap: $1,500;
Seed money limits (dollars): Individual contribution limit: $100;
Number of Qualifying contributions: 150.
Source: GAO analysis of Maine public financing laws.
Note: To help with the qualifying process, candidates seeking to be
certified to receive public funding may raise and spend limited
amounts of seed money.
[End of table]
Amounts of Allowable Public Funding for Participating Candidates in
Maine:
After being certified by the state as having met qualifying
requirements, participating candidates receive initial distributions
(predetermined amounts) of public funding and are also eligible for
additional matching funds based on spending by privately funded
opponents in conjunction with independent expenditures against the
candidate or on behalf of an opponent.
For example, in Maine's 2008 election each participating candidate in
a contested race for the House of Representatives (i.e., a race with
more than one candidate per seat in contention) received an initial
distribution of public funds in the amount of $1,504 for the primary
election and an amount of $4,144 for the general election.[Footnote
112] Also, under Maine's Act, the maximum allowable matching funds
available to a participating candidate in a legislative race were
capped at double the initial distribution that the candidate received
for his or her contested race, as shown in table 23.
Table 23: Public Funding Available to Each Participating Candidate in
the Maine 2008 Election Cycle:
Office: House of Representatives;
Type of race: Contested;
Primary election: Initial distribution: $1,504;
Primary election: Maximum allowable matching funds: $3,008;
Primary election: Total maximum allowable public funds: $4,512;
General election: Initial distribution: $4,144;
General election: Maximum allowable matching funds: $8,288;
General election: Total maximum allowable public funds: $12,432.
Office: House of Representatives;
Type of race: Uncontested;
Primary election: Initial distribution: $512;
Primary election: Maximum allowable matching funds: 0;
Primary election: Total maximum allowable public funds: $512;
General election: Initial distribution: $1,658;
General election: Maximum allowable matching funds: 0;
General election: Total maximum allowable public funds: $1,658.
Office: Senate;
Type of race: Contested;
Primary election: Initial distribution: $7,746;
Primary election: Maximum allowable matching funds: $15,492;
Primary election: Total maximum allowable public funds: $23,238;
General election: Initial distribution: $19,078;
General election: Maximum allowable matching funds: $38,156;
General election: Total maximum allowable public funds: $57,234.
Office: Senate;
Type of race: Uncontested;
Primary election: Initial distribution: $1,927;
Primary election: Maximum allowable matching funds: 0;
Primary election: Total maximum allowable public funds: $1,927;
General election: Initial distribution: $7,631;
General election: Maximum allowable matching funds: 0;
General election: Total maximum allowable public funds: $7,631.
Source: GAO analysis of Maine public financing laws.
Note: A contested race is a race with more than one candidate per seat
in contention.
[End of table]
Under Maine's Act, prior to being amended in 2009, the commission was
required to recalculate the initial distribution amounts at least
every 4 years, based upon average expenditures in similar races in the
two previous election cycles. Under this statute, the commission was
not required to recalculate the initial distribution amounts in 2008
and intended to use the same payment amounts as in 2006. However,
according to a state official, due to a shortfall in the state's
General Fund budget, the Maine State Legislature approved a 5 percent
reduction in the general election distribution amounts, which took
effect in the 2008 legislative elections. Beginning in the 2012
elections, in response to a 2009 amendment, the state will be required
to recalculate the initial distribution amounts every 2 years taking
into account several factors such as average candidate spending and
increases in costs of campaigning.
Matching funds are triggered when required reports show that the sum
of a privately funded opponent's expenditures or obligations,
contributions and loans, or fund revenues received exceeds a
participating candidate's sum of fund revenues. Further, the
calculation used to assess whether matching funds are triggered is to
include reported independent expenditures that benefit an opponent's
campaign. Generally, independent expenditures are any expenditures
made by individuals or groups, other than by contribution to a
candidate or a candidate's authorized political committee, for any
communication (such as political ads or mailings) that expressly
advocates the election or defeat of a clearly identified candidate.
[Footnote 113] During the final weeks before an election, the
definition of independent expenditure expands beyond express advocacy
to include a broader range of communications directed to the public.
In 2008, a total of about $3 million in public funds was authorized
for the 332 participating candidates who ran in the Maine primary or
general elections for state legislature.
Revenue Sources for Maine's Public Financing Program:
Various revenue sources are used to support Maine's public financing
program. As table 24 shows, appropriations were the largest funding
source in Maine in 2008. Table 24 also indicates that in 2008, about 6
percent of Maine's funding came from state income tax checkoff
donations and other voluntary donations. This included $194,970 in
funding from state income tax checkoff donations, which represented
about 7 percent of the 665,503 total returns filed in tax year 2007 in
the state.
Table 24: Revenue Sources and Amounts for Maine's Public Financing
Program in 2008:
Dollars in thousands:
Revenue sources: Appropriations: On or before January 1st of each
year, the State Controller is to transfer $2 million from the General
Fund to a special dedicated fund (the Maine Clean Election Fund);
Annual revenue: $2,700;
Percentage: 82%.
Revenue sources: Tax checkoffs: Under a tax checkoff program, a Maine
resident can designate that $3 be paid to the Maine Clean Election
Fund. A husband and wife filing jointly may each designate $3;
Annual revenue: $200;
Percentage: 6%.
Revenue sources: Qualifying contributions: The $5 qualifying
contributions collected by candidates are deposited in the Maine Clean
Election Fund;
Annual revenue: $128;
Percentage: 4%.
Revenue sources: Miscellaneous: Other income includes interest earned,
specified fines and penalties, and seed money collected by candidates
and deposited in the Maine Clean Election Fund;
Annual revenue: $256;
Percentage: 8%.
Revenue sources: Total;
Annual revenue: $3,284;
Percentage: 100%.
Source: GAO analysis of Maine public financing laws.
Notes: The cash balance in the Maine Clean Election Fund on December
31, 2007, was $4,092,547. In addition to the annual transfer of $2
million on January 1, 2008, the commission requested an advance on the
annual transfer due on January 1, 2009, in order to have enough funds
to cover the payments of matching funds to candidates in the 2008
general elections. The legislature authorized the transfer of $700,000
to occur in August 2008. The 2008 election cycle involved only
legislative races. It was not a gubernatorial election year. Annual
revenue dollars are rounded.
[End of table]
Administration of Maine's Public Financing Program:
Maine's Act utilizes a commission, the Maine Commission on
Governmental Ethics and Election Practices, to implement the public
financing program and enforce provisions of the act. The commission
consists of five members appointed by the Governor. Nominees for
appointment to the commission are subject to review by the joint
standing committee of the state legislature having jurisdiction over
legal affairs and to confirmation by the state legislature. The
commission is to employ a director and a staff to carry out the day-to-
day operations of the program. In addition to financing election
campaigns of candidates participating in the public financing program,
the Maine Clean Election Fund is also to pay for administrative and
enforcement costs of the commission related to Maine's Act. In 2008,
the commission's total expenditures from the fund were $3,357,472,
including $552,426 in personnel, technology, and other administrative
costs.
Reduced Contribution Limits and Additional Reporting Requirements for
Nonparticipating Candidates in Maine:
Before the passage of Maine's Act, political campaigns were financed
completely with private funds. There were no limitations placed on
expenditures by candidates from their personal wealth. Under Maine's
Act, nonparticipating candidates are not limited in the amount they
may spend from their personal financial resources on their own
campaigns. While not faced with limits on the total amount of money
that they can raise or spend, nonparticipating candidates are subject
to certain limitations on the amount that an individual, corporation,
or political committee can contribute to the campaigns of
nonparticipating candidates. In the 2008 elections, for example, a
nonparticipating candidate for the state legislature could accept up
to $250 from a donor per election. Prior to the 2000 election, the
candidates could have collected up to $1,000 from individuals and up
to $5,000 from political committees and corporations.[Footnote 114]
Additional reporting requirements are placed on nonparticipating
candidates who have one or more participating opponents. For example,
a nonparticipating candidate with a participating opponent must notify
the commission when receipts, spending, or obligations exceed the
initial allocation of public funds paid to the participating opponent.
Further, the nonparticipating candidate must file up to three
additional summary reports so that the commission can calculate
whether the participating opponent is entitled to receive any matching
funds.
Maine Reporting Requirements for Independent Expenditures:
Under Maine law, individuals or organizations making independent
expenditures in excess of $100 during any one candidate's election
must file reports with the state. Reporting requirements for
independent expenditures are important for helping to determine if
matching funds are triggered. Independent expenditures are generally
defined as any expenditure for a communication, such as campaign
literature or an advertisement that expressly advocates the election
or defeat of a clearly identified candidate that is made independently
of the candidate, the candidate's committee, and any agents of the
candidate. However, under Maine's campaign finance laws, expenditures
by a group or individual to design, produce, or disseminate a
communication to support or oppose a clearly identified candidate
during the final weeks before an election with a participating
candidate will be presumed to be independent expenditures, even if the
communication does not expressly advocate a candidate's election or
defeat. This "presumption period" was first implemented in the 2004
Maine election. In 2008, the presumption period was 21 days before a
primary election and 35 days before a general election. The law
relating to the presumption period for a general election increased
the period from 21 to 35 days in 2007. As table 25 shows, Maine has
reporting requirements based upon the amount and timing of the
independent expenditures to help ensure that participating candidates
receive any additional matching funds they may be eligible for in a
timely manner, particularly in the days before the election.
Table 25: Maine Reporting Requirements for Independent Expenditures in
the 2008 Election Cycle:
Independent expenditure description: Independent expenditure of more
than $250 in aggregate per candidate per election made within the
presumption period;
Reporting requirement: Report within 24 hours.
Independent expenditure description: Any independent expenditure,
regardless of the amount, for a candidate who has over $250 in
aggregate independent expenditures in an election;
Reporting requirement: Report within 24 hours.
Independent expenditure description: Independent expenditures
aggregating in excess of $100 per candidate in an election but not in
excess of $250;
Reporting requirement: Reported in campaign finance report that covers
the date the independent expenditure was made.
Independent expenditure description: Independent expenditures made
during the 13-day period before an election;
Reporting requirement: Report within 24 hours.
Source: GAO analysis of Maine campaign finance laws.
[End of table]
Arizona's Public Financing Program:
Purpose of Arizona's Public Financing Program:
Arizona's Act contains a "findings and declarations" section that
addresses the intent of the program. Specifically, the "findings"
subsection of the Citizens Clean Elections Act, passed by voters in
1998, noted that the state's then-current election financing-system:
* allows elected officials to accept large campaign contributions from
private interests over which they have governmental jurisdiction;
* gives incumbents an unhealthy advantage over challengers;
* hinders communication to voters by many qualified candidates;
* effectively suppresses the voices and influence of the vast majority
of Arizona citizens in favor of a small number of wealthy special
interests;
* undermines public confidence in the integrity of public officials;
* costs average taxpayers millions of dollars in the form of subsidies
and special privileges for campaign contributors;
* drives up the cost of running for state office, discouraging
otherwise qualified candidates who lack personal wealth or access to
special interest funding; and:
* requires that elected officials spend too much of their time raising
funds rather than representing the public.
Further, the "declarations" subsection of Arizona's 1998 Act stated
that: "the people of Arizona declare our intent to create a clean
elections system that will improve the integrity of Arizona state
government by diminishing the influence of special interest money,
will encourage citizen participation in the political process, and
will promote freedom of speech under the U.S. and Arizona
Constitutions. Campaigns will become more issue-oriented and less
negative because there will be no need to challenge the sources of
campaign money."
Requirements to Receive Public Funding in Arizona:
As in Maine, Arizona candidates who wish to participate in the state's
public financing option and receive funds for campaigning must first
be certified as a Clean Election candidate. Certified candidates,
among other things, must (1) forgo self-financing and all private
contributions, except for a limited amount of "early contributions,"
which are funds that may be raised and spent to help candidates with
the qualifying process prior to certification, and (2) demonstrate
citizen support by collecting a set number of $5 contributions from
registered voters. To qualify for public financing during the 2008
election cycle, a candidate for Arizona's House of Representatives had
to gather at least 220 qualifying $5 contributions, and could collect
no more than $3,230 in early contributions, as shown in table 26.
Table 26: Early Contribution Limits and Number of Qualifying $5
Contributions for Arizona Legislative Candidates in the 2008 Election
Cycle:
Dollars in thousands:
Office: House of Representatives;
Early contribution limits: Total cap: $3,230;
Early contribution limits: Individual contribution limit: $130;
Number of Qualifying contributions: 220.
Office: Senate;
Early contribution limits: Total cap: $3,230;
Early contribution limits: Individual contribution limit: $130;
Number of Qualifying contributions: 220.
Source: GAO analysis of Arizona public financing laws and Citizens
Clean Election Commission data.
Note: To help with the qualifying process, candidates seeking to be
certified to receive public funding may raise and spend limited
amounts of early contributions. The amount of allowable early
contributions are established in statute and adjusted for inflation
every 2 years.
[End of table]
Amounts of Allowable Public Funding for Participating Candidates in
Arizona:
After being certified by the state as having met qualifying
requirements, participating candidates receive initial distributions
(predetermined amounts) of public funding and are also eligible for
additional matching funds when an opposing nonparticipating candidate
exceeds the participating candidate primary or general election
spending limits.[Footnote 115]
In Arizona's 2008 elections, each participating candidate for the
House of Representatives or Senate who was in contested party primary
elections (i.e., races with more than one candidate per seat in
contention) received an initial distribution of public funds in the
amount of $12,921. After the primary, successful major party
candidates who were in a contested general election race then received
an additional $19,382, as shown in table 27.[Footnote 116] Independent
candidates received 70 percent of the sum of the original primary and
general election spending limits. Unopposed candidates (i.e., those in
an uncontested race) received only the total of their $5 qualifying
contributions as the spending limit for that election.
Table 27: Public Funding Available to Each Participating Candidate in
the Arizona 2008 Election Cycle:
Office: House of Representatives;
Type of race: Contested;
Primary election: Initial distribution: $12,921;
Primary election: Maximum allowable matching funds: $25,842;
Primary election: Total maximum allowable public funds: $38,763;
General election: Initial distribution: $19,382;
General election: Maximum allowable matching funds: $38,764;
General election: Total maximum allowable public funds: $58,146.
Office: House of Representatives;
Type of race: Uncontested;
Primary election: Initial distribution: [A];
Primary election: Maximum allowable matching funds: [A];
Primary election: Total maximum allowable public funds: [A];
General election: Initial distribution: [A];
General election: Maximum allowable matching funds: [A];
General election: Total maximum allowable public funds: [A].
Office: Senate;
Type of race: Contested;
Primary election: Initial distribution: $12,921;
Primary election: Maximum allowable matching funds: $25,842;
Primary election: Total maximum allowable public funds: $38,763;
General election: Initial distribution: $19,382;
General election: Maximum allowable matching funds: $38,764;
General election: Total maximum allowable public funds: $58,146.
Office: Senate;
Type of race: Uncontested;
Primary election: Initial distribution: [A];
Primary election: Maximum allowable matching funds: [A];
Primary election: Total maximum allowable public funds: [A];
General election: Initial distribution: [A];
General election: Maximum allowable matching funds: [A];
General election: Total maximum allowable public funds: [A].
Source: GAO analysis of Arizona public financing laws and Citizens
Clean Election Commission data.
Notes: A contested race is a race with more than one candidate per
seat in contention.
[A] In Arizona, candidates in uncontested House and Senate races are
only to receive an amount equal to the qualifying contributions for
that candidate.
[End of table]
Participating candidates also received additional matching funds up to
predetermined limits when an opposing nonparticipating candidate
exceeded the primary or general election spending limits.[Footnote
117] Matching funds were also provided to participating candidates
when independent expenditures were made against them or in favor of
opposing candidates in the race. The calculation to assess whether
matching funds for participating candidates are triggered is to
include reported independent expenditures that, in general, are made
on behalf of nonparticipating or another participating candidate in
the race by individuals, corporations, political action committees, or
other groups. A January 2010 federal district court ruling held
Arizona's Citizens Clean Election Act to be unconstitutional.[Footnote
118] More specifically, the U.S. District Court for the District of
Arizona held that Arizona's matching funds provision burdens First
Amendment speech protections, is not supported by a compelling state
interest, is not narrowly tailored, is not the least restrictive
alternative, and is not severable from the rest of the statute thereby
rendering the whole statute unconstitutional. On May 21, 2010, the
U.S. Court of Appeals for the Ninth Circuit reversed the district
court ruling on the basis that the matching funds provision imposes
only a minimal burden on First Amendment rights, and bears a
substantial relationship to the state's interest in reducing political
corruption.[Footnote 119]
In total, about $6 million in public funds was distributed in 2008 to
the 120 participating candidates for the Arizona legislature.
Revenue Sources for Arizona's Public Financing Program:
Arizona's public financing program is supported through various
revenue sources. As table 28 shows, a surcharge on civil and criminal
fines and penalties was the largest funding source. Table 28 also
indicates that in 2008, $6.6 million, or about 39 percent of the
fund's revenue, came from state income tax checkoff donations and
other voluntary donations.
Table 28: Revenue Sources and Amounts for Arizona's Public Financing
Program in 2008:
Revenue sources: Fines and penalties: This source is comprised of a 10-
percent surcharge imposed on certain civil and criminal fines and
penalties. Collections go in the Citizens Clean Elections Fund;
Annual revenue (dollars in thousands): $10,096;
Percentage: 59%.
Revenue sources: Tax checkoffs and donations: By marking an optional
checkoff box on their state income tax returns, Arizona taxpayers can
make a $5 contribution to the Citizens Clean Elections Fund. A
taxpayer that checks this box receives a $5 reduction ($10 if filing
jointly) in the amount of tax. Also, taxpayers may redirect a
specified amount of owed taxes--up to 20 percent or $550 (ceiling
adjusted periodically), whichever is greater--to the Citizens Clean
Election Fund and receive a dollar-for-dollar tax credit;
Annual revenue (dollars in thousands): $6,638;
Percentage: 39%.
Revenue sources: Qualifying Contributions: The $5 qualifying
contributions collected by participating candidates are deposited in
the Citizens Clean Elections Fund;
Annual revenue (dollars in thousands): $229;
Percentage: 1%.
Revenue sources: Miscellaneous: Other income includes civil penalties
assessed against violators of the Citizens Clean Elections Act;
Annual revenue (dollars in thousands): $37;
Percentage: 0%.
Revenue sources: Total;
Annual revenue (dollars in thousands): $17,001;
Percentage: 100%.
Source: GAO analysis of Arizona public financing laws.
Note: Annual revenue dollars are rounded. Percentages may not add to
100 due to rounding.
[End of table]
Administration of Arizona's Public Financing Program:
Arizona's Act established the Citizens Clean Elections Commission to
implement the public financing program and enforce provisions of the
act. The commission consists of five members selected by the state's
highest-ranking officials of alternating political party affiliation.
[Footnote 120] No more than two commissioners may be from the same
political party or county, and commissioners may not have run for or
held office, nor been appointed to or elected for any office for the 5
years prior to being chosen as a commissioner. One new commissioner is
to be appointed each year. As established by Arizona's Act, the
commission is to employ an Executive Director to facilitate
administration of the program. The Executive Director is responsible
for, among other things, educating and assisting candidates in
compliance with the act's requirements, limits, and prohibitions,
assisting candidates in participating and obtaining public funding, as
well as determining additional staffing needs and hiring accordingly.
Arizona's Act caps commission spending for a calendar year at $5 times
the number of Arizona resident personal income tax returns filed the
previous calendar year.[Footnote 121] Of that amount, the commission
may use up to 10 percent for administration and enforcement activities
and must use 10 percent or more for voter education activities. The
remainder of commission spending goes to participating candidates'
campaign funds. In calendar year 2008, the commission's expenditures
totaled $14,741,043--$850,447 for administration and enforcement,
$6,179,857 for voter education, and $7,710,739 for campaign funds.
With regard to the $7,710,739 spent for campaign funds in 2008,
$1,715,395 was for statewide candidates and $5,995,344 was for
legislative candidates.
The commission's responsibility for administering and enforcing
Arizona's Act covers related contribution limits, spending limits, and
reporting requirements that affect both participating and
nonparticipating candidates. Cases of possible violations may be
initiated with the commission in one of two ways: (1) either by an
external complaint or (2) through information that comes to the
commission's attention internally. The commission may assess civil
penalties after investigating compliance matters and finding probable
cause of a violation unless the candidate comes into compliance within
a set time frame or settlement agreement is reached. Under certain
circumstances, the commission can remove a legislator from office for
violating specified Arizona Clean Elections Act spending or
contribution limits. For example, the commission, for the first time,
acted to remove a state legislator from office for exceeding spending
limits by over 10 percent--about $6,000--in his publicly funded
election campaign during the 2004 primary election. The commission's
action was upheld by an Arizona administrative law judge and an appeal
by the legislator was unsuccessful in the Arizona court system.
[Footnote 122]
Reduced Contribution Limits and Additional Reporting Requirements for
Arizona Nonparticipating Candidates:
Before the passage of Arizona's Act, political campaigns in Arizona
were financed completely with private funds. There were no limitations
placed on expenditures by candidates from their personal wealth. Under
Arizona's public financing laws, nonparticipating candidates are not
limited in the amount they may spend from their personal financial
resources on their own campaigns. While not faced with limits on the
total amount they can spend on their own campaigns, nonparticipating
candidates are subject to certain limitations on the amounts of
contributions they can accept. For example, in Arizona, contributions
from individuals were limited to $488 per donor for nonparticipating
candidates for the state legislature for the 2008 election cycle. The
Arizona act reduced the limits on individual contributions to
nonparticipating candidates by 20 percent.
Nonparticipating candidates have additional reporting requirements.
For example, a nonparticipating candidate opposed by a participating
candidate, must, in general, file a report with the Secretary of State
if the campaign's expenditures before the primary election exceed 70
percent of the original primary election spending limit imposed on a
participating opponent or if the contributions to a nonparticipating
candidate has exceeded 70 percent of the original general election
spending limit.
Arizona Reporting Requirements for Independent Expenditures:
Under Arizona law, individuals or organizations making independent
expenditures must file reports with the Secretary of State. According
to commission officials, the commission coordinates with the Secretary
of State to determine if participating candidates are eligible for
matching funds based upon independent expenditures opposing
participating candidates or supporting other candidates in their race.
Under Arizona law, independent expenditures are generally defined as
expenditures such as campaign literature or advertisements that
expressly advocate the election or defeat of a clearly identified
candidate that is made independently of the candidate, the candidate's
committee, and any agents of the candidate. As table 29 shows, the
amount and timing of the independent expenditure in relation to the
election dictates when and how the independent expenditure must be
reported.
Table 29: Arizona Reporting Requirements for Individuals or
Organizations Making Independent Expenditures in the 2008 Election
Cycle:
Independent expenditure description: Independent expenditures relating
to a particular office exceeding $610 in aggregate in an election
cycle, which includes both the primary and general elections;
Reporting requirement: Reported in campaign finance reports that cover
the date the independent expenditure was made. Supplemental reports
required each time previously unreported independent expenditures
exceed $1,000.
Independent expenditure description: Independent expenditures relating
to any one candidate or office made within 10 days before the primary
or general election;
Reporting requirement: Report within 24 hours.
Independent expenditure description: Independent expenditures less
than $610 in aggregate relating to a particular office in an election
cycle;
Reporting requirement: Not required to be reported.
Source: GAO analysis of Arizona campaign finance laws and implementing
rules.
[End of table]
In addition, according to commission and state officials, Arizona has
made changes intended to improve and clarify the process of reporting
independent expenditures, given their importance in determining
matching fund disbursements under the public financing program. For
example, these officials told us that they made a number of updates to
the office's campaign finance system for the 2008 election to help
improve the reporting and tracking of independent expenditures and the
timely disbursement of matching funds to participating candidates. One
update required individuals or committees making independent
expenditures to report the unique identification number of the
candidate that is the beneficiary of an independent expenditure. A
Secretary of State official told us that prior to the 2008 election
the beneficiary of the independent expenditure was inconsistently
identified in a text field, and there was no systematic way to
distinguish independent expenditures made on behalf of specific
candidates or ballot initiatives.
[End of section]
Appendix III: Information on Public Financing Programs for State
Legislative Election Campaigns in Connecticut and New Jersey:
After Maine voters passed the Maine Clean Election Act[Footnote 123]
in November 1996 and Arizona voters passed the Citizens Clean
Elections Act[Footnote 124] in November 1998, a similar public
financing law[Footnote 125] (Connecticut's Act) was introduced in the
Connecticut state legislature in October 2005 and enacted in December
2005, establishing the Citizens' Election Program. Connecticut's Act
established an optional financing program for candidates for the state
legislature beginning in 2008 and certain additional statewide offices
beginning in 2010 to use public funds to finance their campaigns as an
alternative to traditional fundraising means, such as collecting
contributions from individuals or political action committees. In
addition, the New Jersey Fair and Clean Elections Pilot Project was
enacted into law in August 2004[Footnote 126] and the 2007 New Jersey
Fair and Clean Elections Pilot Project Act[Footnote 127] was enacted
into law in March 2007. These acts respectively established pilot
projects offering optional public financing of campaigns for
candidates seeking election to the General Assembly from certain
legislative districts for the 2005 election and for candidates seeking
election to the General Assembly and the Senate from certain
legislative districts in the 2007 election.
Detailed information is available on the Web sites of the state
agencies responsible for administering the respective programs--
Connecticut's State Elections Enforcement Commission (SEEC)
(www.ct.gov/seec/site/default.asp) and New Jersey's Election Law
Enforcement Commission (www.elec.state.nj.us).
Connecticut's Public Financing Program:
Purpose of Connecticut's Public Financing Program:
Connecticut's Act established the Citizens' Election Program, which
offered full public financing[Footnote 128] for participating
candidates for the House of Representatives and Senate of the state
legislature, also known as the General Assembly, beginning in 2008,
and will expand to certain statewide offices, such as governor and
attorney general, beginning in 2010.[Footnote 129] Connecticut's State
Elections Enforcement Commission (SEEC) outlined the following goals
of the public financing program:
* to allow candidates to compete without reliance on special interest
money,
* to curtail excessive spending and create a more level playing field
among candidates,
* to give candidates without access to sources of wealth a meaningful
opportunity to seek elective office in Connecticut, and:
* to provide the public with meaningful and timely disclosure of
campaign finances.[Footnote 130]
Requirements of the Public Funding Program in Connecticut:
In Connecticut, candidates for the state legislature who wish to
receive public funds for campaigning must qualify by, among other
things, (1) raising a certain total amount of money, in amounts
between $5 and $100, in qualifying contributions from individuals, and
(2) collecting a certain number of these qualifying contributions from
individuals who reside in the district for which the candidate seeks
legislative office, as shown in table 30. In addition, candidates can
contribute a limited amount of personal funds to their candidate
committees before applying for the initial distribution of public
funds. The maximum amount of personal funds allowed per candidate
varies depending on the office sought. Any allowable amount of
personal funds a candidate contributes is not considered as part of
the qualifying contributions, and reduces the initial distribution by
a corresponding amount.
Table 30: Qualifying Contribution Requirements for Candidates in
Connecticut's Legislative Elections in 2008:
Office: House of Representatives;
Total minimum amount of qualifying contributions (dollars)[A]: $5,000;
Minimum number of individual qualifying contributions from individuals
residing in the candidate's legislative district: 150;
Maximum amount allowable from candidate's personal funds (dollars):
$1,000.
Office: Senate;
Total minimum amount of qualifying contributions (dollars)[A]: $15,000;
Minimum number of individual qualifying contributions from individuals
residing in the candidate's legislative district: 300;
Maximum amount allowable from candidate's personal funds (dollars):
$2,000.
Source: GAO analysis of Connecticut public financing law.
[A] Contributions are to be in amounts between $5 and $100 from
individuals. Qualifying contributions must be monetary and do not
include in-kind contributions.
[End of table]
After meeting the requisite qualifications and meeting the ballot
requirements administered by the Secretary of State, participating
candidates from major political parties may receive initial
distributions of public funding as shown in table 31. Minor party
candidates can receive varying amounts of public funding[Footnote 131]
depending on whether they meet certain requirements.[Footnote 132] For
elections held in 2010 and thereafter, SEEC is to adjust the amount of
public funding for legislative candidates every 2 years to account for
inflation.
Table 31: Public Funding Available to Major Party Candidates in
Connecticut Primary and General Elections in 2008:
Office: State Representative;
Primary election[A]: $10,000;
General election[B]: $25,000.
Office: State Senator;
Primary election[A]: $35,000;
General election[B]: $85,000.
Source: GAO analysis of Connecticut public financing law.
[A] If the participating candidate is in a party-dominant district
(defined as districts in which the percentage of active registered
district voters who are enrolled in a major party exceeds the
percentage of active registered district voters enrolled in another
major party by at least 20 percentage points), then the amount of
public funding for a primary election increases to $25,000 for a state
representative candidate and to $75,000 for a state senator candidate.
[B] If the participating candidate is unopposed in the general
election, the amount of public funding is reduced by 30 percent. If
the participating candidate's opponent is from a minor party or has
not raised funds in an amount equal to the qualifying contribution
thresholds, then the amount of public funding is reduced by 60 percent.
[End of table]
Participating candidates are also eligible for supplemental public
funding up to certain specified amounts, based on spending by
nonparticipating or participating opposing candidates whose aggregate
contributions, loans, or other funds received or spent exceed the
applicable spending limit--the amount of qualifying contributions plus
applicable full initial distribution for a participating candidate in
that race. In addition, on the basis of required independent
expenditure reports or a SEEC determination, a participating candidate
can also receive additional matching funds, in general, if such
independent expenditures are made with the intent to promote the
defeat of the participating candidate. Such additional funds are to be
equal to the amount of the independent expenditure but may not exceed
the amount of the applicable primary or general election grant for the
participating candidate. If such independent expenditures are made by
an opposing nonparticipating candidate's campaign, additional matching
funds are only to be provided if the nonparticipating candidate's
campaign expenditures plus the amount of independent expenditures,
exceed the applicable initial public funding amount for the
participating candidate.[Footnote 133]
Revenue Sources and Expenditures Made from Connecticut's Public
Financing Program Fund:
The primary revenue source for Connecticut's public financing program
is derived from the sale of abandoned or unclaimed property in the
state's custody, such as funds left in saving or checking accounts;
stocks, bonds, or mutual fund shares; and life insurance policies. As
of March 3, 2010, the Citizens' Clean Election Fund has about $43
million, a fund established by Connecticut's Act for the public
financing program. In addition, the Citizens' Election fund receives
funds from voluntary contributions and interest earned on the fund's
assets, and if the amount from the sale of abandoned or unclaimed
property is less than the amounts specified under state law to be
transferred to the Citizens' Election Fund, then the difference is to
be made up from corporation business tax revenues. During the 2008
election cycle, about $8.3 million was distributed to 250
participating candidates in the general election and about $3 million
was expended for SEEC administrative costs.[Footnote 134]
Candidate Participation in Connecticut's Public Financing Program in
2008:
About three-fourths (250 of 343) of legislative candidates in
Connecticut's general election participated in the public financing
program, and there was at least one participating candidate in over 80
percent of the races, as shown in table 32.
Table 32: Number of Candidates Who Used Public Financing and Number of
Races with at Least One Participating Candidate in Connecticut's
Legislative General Election in 2008:
Candidates and races:
Candidates[A]: Nonparticipating;
Number: 93;
Percentage: 27%.
Candidates[A]: Participating;
Number: 250;
Percentage: 73%.
Candidates[A]: Total;
Number: 343;
Percentage: 100%.
Races[B]: With no participating candidates;
Number: 34;
Percentage: 18%.
Races[B]: With at least one participating candidate;
Number: 153;
Percentage: 82%.
Races[B]: Total;
Number: 187;
Percentage: 100%.
Source: Data provided by the State Elections Enforcement Commission.
Note: Connecticut has 151 House districts and 36 Senate districts.
[A] In counting participating candidates, we include candidates who
joined the program but did not apply for grants. A few chose not to
apply because they were unopposed and did not need the funds, and a
few did not apply because they did not reach the qualifying thresholds.
[B] In counting election races, we included all 187 districts in which
there was a candidate on the ballot regardless of whether or not the
candidate faced a challenger.
[End of table]
Of the participating legislative candidates in Connecticut's general
election, more than half, or 130 of 250 candidates, were incumbents.
Of those participating candidates who were elected to office, about 95
percent of the incumbents were elected, or 123 of 130 participating
incumbent candidates, and about 23 percent of the challengers were
elected, or 28 of 120 participating challenger candidates, as shown in
table 33.
Table 33: Participating Candidates in Connecticut's Public Financing
Program in the Legislative General Elections in 2008:
Campaign status of participating candidates:
Number of incumbents:
House of Representatives: 101;
Senate: 29;
Total: 130.
Number of challengers:
House of Representatives: 94;
Senate: 26;
Total: 120.
Total:
House of Representatives: 195;
Senate: 55;
Total: 250.
Participating candidates elected:
Number of participating incumbents elected:
House of Representatives: 95;
Senate: 28;
Total: 123.
Number of participating challengers elected:
House of Representatives: 24;
Senate: 4;
Total: 28.
Total:
House of Representatives: 119;
Senate: 32;
Total: 151.
Source: GAO analysis of Connecticut state reports.
[End of table]
New Jersey's Public Financing Program:
Purpose of New Jersey's Public Financing Program:
In 2004, the New Jersey Fair and Clean Elections Pilot Project was
enacted into law and established an optional public financing program
for General Assembly candidates in two legislative districts in the
2005 general election.[Footnote 135] Under New Jersey's 2005 public
financing program for legislative candidates, the state Democratic
party chairperson and the state Republican chairperson each chose one
district to participate in the program. In one of the selected
districts, two out of the four candidates for the state Assembly
qualified for public funds, and in the other district, no candidates
qualified.[Footnote 136] In 2007, the state legislature expanded the
number of districts covered by the program to Senate and General
Assembly candidates in three legislative districts and made several
changes in the program, such as decreasing the number of contributions
each candidate was required to collect from registered voters in his
or her district.[Footnote 137]
The goals of the 2007 New Jersey Clean Elections Pilot Project are:
* to end the undue influence of special interest money,
* to improve the unfavorable opinion of the political process, and:
* to "level the playing field" by allowing ordinary citizens to run
for office.
Requirements of the Public Financing Program in the 2007 New Jersey
Clean Elections Pilot Project:
To participate in the 2007 Clean Elections Pilot Project, candidates
needed to, among other things, (1) file a declaration of intent to
seek certification with the New Jersey Election Law Enforcement
Commission (ELEC), the agency responsible for the public financing
program; (2) agree to participate in at least two debates; and (3)
after certification, limit their expenditures to the amounts raised as
"seed money" and qualifying contributions, and public funds received
from the fund. During the qualifying period, candidates may accept
seed money contributions of $500 or less from individuals registered
to vote in New Jersey, but in aggregate seed money contributions may
not exceed $10,000.[Footnote 138] A candidate seeking certification
must obtain at least 400 contributions of $10 (i.e., $4,000) to
receive the minimum amount of public funds available and at least 800
contributions of $10 (i.e., $8,000) to receive the maximum amount of
public funds. The contributions must be from registered voters from
the legislative district in which the candidate is seeking office. In
addition, if two state Assembly candidates from the same party are
running in the same legislative district, they both must agree to
participate in the public financing program to become certified and
eligible to receive public funds.
The amount of public funds received by a certified candidate depended
upon several criteria: (1) whether or not the candidate is opposed,
(2) whether or not the candidate is a major party candidate, and (3)
whether the candidate ran in a "split" district, one that, in general,
was selected jointly by members of the majority and minority parties
in the legislature. After being certified, a candidate nominated by a
political party who has also received at least 400 qualifying
contributions would receive a grant amount of $50,000 if opposed and
$25,000 if unopposed. If the candidate were running in a "competitive"
district, then such a candidate could collect funding in equal
proportion to the number of remaining qualifying contributions (after
the initial 400) up to a maximum of 800 qualifying contributions for a
total amount of public funds not to exceed the average amount of money
spent by all candidates in the two preceding general elections for
those offices. If a candidate is running in one of the two "nonsplit"
districts, that is, one district selected by the members of the
majority political party, and one district selected by the members of
the minority political party, then the candidate could collect funding
in equal proportion to the number or remaining qualifying
contributions (after the initial 400) up to 800 qualifying
contributions for a total not to exceed $100,000.[Footnote 139]
Qualifying contribution amounts received would be deducted from grant
amounts. For example, if a candidate raised 400 $10 qualifying
contributions, the amount dispersed to the candidate would be $46,000
($50,000 minus $4,000 collected in qualifying contributions).
Participating candidates may also receive additional funds under
certain circumstances. When a campaign report of a nonparticipating
candidate shows that the aggregate amount of contributions exceeds the
amount of money provided to an opposing participating candidate, ELEC
may authorize an additional amount of money equivalent to the excess
amount, up to a maximum of $100,000 to each opposing participating
candidate in the same district as the nonparticipating candidate.
[Footnote 140] In addition, when a participating candidate files a
written and certified complaint to ELEC, and ELEC determines that (1)
a nonparticipating candidate is benefiting from money spent
independently on behalf of the nonparticipating candidate or that (2)
a participating candidate is the subject of unfavorable campaign
publicity or advertisements by an entity not acting in concert with
the opposing nonparticipating candidate, ELEC may authorize an
additional amount of money up to a maximum of $100,000 to the opposing
participating candidate in the same legislative district who is not
benefiting from the expenditure.
Revenue Sources and Expenditures for the 2007 New Jersey Clean
Elections Pilot Project:
For the 2007 pilot project, the New Jersey state legislature funded
the program with approximately $7.7 million from the state's general
funds. In addition, voluntary donations, earnings received from the
investment of money in the fund, and fines and penalties collected for
violations of the public financing program are also sources of
revenue. All unspent money is to be returned to the fund. About $4
million was distributed to participating candidates for the 2007 pilot
project. According to a state official, New Jersey's public financing
program, which contains matching funds provisions, was not
reauthorized for the 2009 elections due to both concerns about a
federal district court ruling holding that the matching funds
provisions of Arizona's Citizens Clean Elections Act to be
unconstitutional, as well as state budget constraints.
Participation in the 2007 New Jersey Clean Elections Pilot Project:
In the 2007 Pilot Program, 16 of the 20 legislative candidates running
for office in the three legislative districts participated in the
program, and every winning candidate participated. Two of the 16
participating candidates received funds in addition to their initial
distribution of public funds due to independent expenditures made on
behalf of opposing nonparticipating candidates.
[End of section]
Appendix IV: GAO Contact and Staff Acknowledgments:
GAO Contact:
William O. Jenkins, Jr., (202) 512-8777 or jenkinswo@gao.gov:
Staff Acknowledgments:
In addition to the contact named above, Mary Catherine Hult, Assistant
Director; Nancy Kawahara; Geoff Hamilton; Tom Jessor; Grant Mallie;
Heather May; Amanda Miller; Jean Orland; Anna Maria Ortiz; Doug
Sloane; Michelle Su; Jeff Tessin; Adam Vogt; and Monique Williams made
significant contributions to this report.
[End of section]
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[End of section]
Footnotes:
[1] These funds, in theory, were intended to be sufficient to cover
most campaign costs, and these programs are often referred to as full
public financing programs.
[2] Both programs became law through the respective state's ballot-
initiative process--Maine's program in 1996 and Arizona's program in
1998.
[3] GAO, Campaign Finance Reform: Early Experiences of Two States That
Offer Full Public Funding for Political Candidates, [hyperlink,
http://www.gao.gov/products/GAO-03-453] (Washington, D.C.: May 9,
2003).
[4] Pub. L. No. 107-155, 116 Stat. 81 (2002).
[5] S. Rep. No. 110-129, at 73 (2007). Since the Senate Report was
issued in 2007, the report language referred to the past two election
cycles, 2004 and 2006. However, due to the timing of our work, we
included the past three election cycles in our report--the 2004, 2006,
and 2008 election cycles.
[6] Specifically, we interviewed nine researchers who have published
relevant work on public financing or state legislatures, whom we
selected based on our review of the literature and suggestions from
state officials in Maine and Arizona and other researchers. We
interviewed researchers to, among other things, obtain information
about the methods and approaches they used to study public financing
programs or electoral outcomes.
[7] There may be other goals of public financing programs, such as
increasing the amount of time candidates spend with constituents.
However, we did not measure or assess these goals as we focused our
review on revisiting the five goals identified in our 2003 report.
[8] For more information about our 2003 report, please see GAO-03-453.
Additional discussion about the measures we used for this report is
included in appendix I.
[9] We analyzed data from 1996 through 2008 to compare two elections
before public financing became available (1996 and 1998) to the five
elections after public financing became available (2000, 2002, 2004,
2006, and 2008).
[10] In Maine, public financing is available for candidates for state
legislative offices and governor. In Arizona, public financing is
available for candidates running for the following statewide offices:
legislature, governor, secretary of state, attorney general, state
treasurer, superintendent of public instruction, state mine inspector,
and corporation commissioners.
[11] The comparison states for Maine were South Dakota, Montana, and
Connecticut, and the comparison states for Arizona were South Dakota,
Montana, and Colorado. Connecticut's 2008 election results were not
included in our analyses since public financing for legislative
candidates became available for the first time in the 2008 election
cycle and were not comparable.
[12] Fixed effects models compare how an outcome changes over time
within states or legislative districts, in our case. Fixed effects
models allow us to conclude that differences between states or
districts at one point in time, such as laws, could not have affected
the outcomes. We can rule out these factors because we only compare
how the outcomes change within one state or district versus another,
not how the outcomes differ at one time. Hierarchical loglinear
regression models involve comparing the relative fit of simpler models
with more complex models for the purpose of determining which factors
do and do not have significant direct or indirect (i.e., interactive)
effects on the outcomes of interest.
[13] For example, data from Arizona's campaign finance reports
identify the candidate committee number and name of the committee,
such as "Smith for State Senator," but not the individual candidate by
name, such as "John Smith," or candidate number assigned by the
Secretary of State.
[14] We contracted with professional pollsters to obtain the views of
representative samples of voting-age citizens in Maine and Arizona.
This polling effort, which duplicated questions asked for our 2003
report, was designed to obtain citizenry views about the effect of the
public financing program on the influence of interest groups and
citizens' confidence in government. For our analysis, we included
those respondents who said they knew a lot, some, or a little about
the public financing law.
[15] Voter turnout is generally defined as the percentage of the
voting-age population (VAP) or voting-eligible population (VEP)
(voting-age citizens who are not statutorily disqualified from voting)
who cast a ballot in an election. These sources collect or compile
information on VAP, VEP, voter registration, ballots cast or counted,
or self-reported voting behavior.
[16] Maine Clean Election Act, 21-A M.R.S. § 1121 et seq.
[17] Arizona Citizens Clean Elections Act, A.R.S. § 16-940 et seq.
[18] Unless indicated otherwise, references in this report to
legislative candidates refer to state legislative (House of
Representatives or Senate) candidates.
[19] Seed money refers to contributions received by candidates to help
with the qualifying process prior to certification. In the Maine 2008
elections, House candidates were allowed to accept private donations
of no more than $100 per individual with a cap of total seed money
contributions of $500. For Senate candidates, individual contributions
were limited to $100 with a cap of total seed money of $1,500. In
Arizona, these contributions are known as "early contributions," and
the base amounts are established by statutory formula and adjusted for
inflation every 2 years. The adjusted amount of early contributions
for Arizona's 2008 House and Senate candidates was limited to $130 per
individual and a cap of total early contributions per candidate of
$3,320.
[20] In Maine, House candidates needed to collect a minimum of 50 $5
contributions, and Senate candidates needed to collect a minimum of
150 $5 contributions to qualify for public financing for the 2008
elections. In Arizona, both House and Senate candidates needed to
collect a minimum of 220 $5 contributions to qualify for public
financing for the 2008 elections. In both states, the $5 contributions
are deposited in the respective states' clean elections fund.
[21] A January 20, 2010, federal district court ruling (McComish v.
Brewer, 2010 U.S. Dist. LEXIS 4932 (D. Ariz, Jan. 20, 2010)) held
Arizona's Citizens Clean Elections Act to be unconstitutional. More
specifically, the U.S. District Court for the District of Arizona held
that the matching funds provision of Arizona's Citizens Clean Election
Act burdens the plaintiff's First Amendment rights, is not supported
by a compelling state interest, is not narrowly tailored, is not the
least restrictive alternative, and is not severable from the rest of
the statute thereby rendering the whole statute unconstitutional. On
May 21, 2010, the U.S. Court of Appeals for the Ninth Circuit reversed
the district court ruling on the basis that the matching funds
provision imposes only a minimal burden on First Amendment rights, and
bears a substantial relationship to the state's interest in reducing
political corruption. (2010 U.S. appendix LEXIS 10442 (9TH Cir. Ariz.
May 21, 2010)).
[22] Of note, in relation to independent expenditures, a January 21,
2010, Supreme Court decision (Citizens United v. Federal Election
Commission, 558 U.S. (2010), 2010 U.S. LEXIS 766 (Jan. 21, 2010)),
held that a prohibition in federal campaign finance law on corporate
or union independent expenditures for speech that is an
"electioneering communication" or that expressly advocates the
election or defeat of a candidate, is an unconstitutional infringement
upon the First Amendment's freedom of speech protections.
[23] In Maine, a nonparticipating candidate must notify the Maine
Commission on Governmental Ethics and Election Practices when his or
her receipts, spending, or obligations exceed the commission's initial
allocation of public funds to a participating candidate. In Arizona, a
nonparticipating candidate opposed by a participating candidate must,
in general, file a report if the campaign's expenditures before the
primary election have exceeded 70 percent of the original primary
election spending limit imposed on a participating opponent or if the
contributions to a nonparticipating candidate have exceeded 70 percent
of the participating candidate's original general election spending
limit.
[24] R. Sam Garrett, Public Financing of Congressional Campaigns:
Overview and Analysis, RL33814 (Congressional Research Service, July
24, 2009), 42.
[25] Donald A. Gross, Robert K. Goidel, and Todd G. Shields. "State
Campaign Finance Regulations and Electoral Competition," American
Politics Research, vol. 30, no. 2 (March 2002).
[26] Garrett, Public Financing of Congressional Campaigns: Overview
and Analysis. This report noted that the number of states offering
"public financing" depends on how the term is defined and whether
assistance to candidates or candidates and political parties are
included.
[27] The 10 states offering partial public financing of candidates'
campaigns are: Hawaii, Florida, Nebraska, Maryland, Massachusetts,
Michigan, Minnesota, New Jersey (gubernatorial campaigns), Rhode
Island, and Wisconsin.
[28] Full public financing programs are also known as "clean money,
clean elections" programs, which is also a national initiative
developed by the interest group Public Campaign.
[29] H.R. 1826 and S. 752 (both entitled "Fair Elections Now Act")
would not impose spending limits on participants, provided that their
private fundraising, in general, was limited to contributions of no
more than either $100 per election per individual or an amount
determined by the legislation's implementing entity.
[30] H.R. 158 (Let the Public Decide Clean Campaign Act) would mandate
public financing during House general elections by, in general,
prohibiting candidate spending other than from a proposed public
financing fund, which would provide grants to candidates or under
provisions authorizing certain contributions from state and national
party committees.
[31] After the Committee on House Administration's July 2009 hearing
on H.R. 1826, the bill was referred to the House Energy and Commerce
Committee and the House Ways and Means Committee.
[32] Maine's state legislature consists of 151 seats in the House of
Representatives and 35 seats in the Senate. Members in all 186
legislative seats serve 2-year terms. Thus, in primary and general
elections, which are held biannually (i.e., in each even-numbered
year), all legislative seats are on the ballot.
[33] Under Maine law, candidates may withdraw from an election and
under certain conditions another candidate may be nominated by a
political committee to replace that candidate on the ballot.
[34] In our analyses of Maine and Arizona election results data, we
defined an incumbent as a candidate who held the seat from the
previous legislative session in the same chamber. We defined a
challenger as any candidate who was not an incumbent, regardless of
whether he or she faced an opponent.
[35] Arizona's state legislature consists of 60 seats in the House of
Representatives and 30 seats in the Senate. Members in all 90
legislative seats serve 2-year terms. Thus, in primary and general
elections, which are held biannually (i.e., in each even-numbered
year), all legislative seats are on the ballot.
[36] This argument was reviewed and rejected by the Arizona Supreme
Court in May v. McNally, 55 P. 3d 768 (Ariz. 2002).
[37] The largest source of revenue for Arizona's public financing
program is a surcharge on civil and criminal fines and penalties for
the 2008 elections. The program is not supported by legislative budget
appropriations from the state's general fund.
[38] Under Arizona's Citizens Clean Elections Act, a participating
candidate in an unopposed primary election is eligible to receive an
amount equal to five dollars times the number of qualifying
contributions that were certified by the Arizona Citizens Clean
Elections Commission on behalf of the participating candidate.
[39] The primary modeling techniques we used to measure changes in
competition--fixed effects regression models and hierarchical
loglinear models--were largely consistent in their results, but not
entirely consistent. Both techniques offered no evidence of
differential changes between the public financing states and
comparison states in the contestedness of elections or in the
incumbent reelection rates, but offered some evidence of differential
change related to the margin of victory. The results from the
loglinear models are somewhat weaker than the results of the fixed
effects models. Additional information about the two types of models
used are presented in appendix I and in an electronic supplement we
are issuing concurrent with this report--GAO-10-391SP.
[40] We calculated margin of victory in multimember districts to
reflect the difference between the second winner and the runner up. We
tested our statistical models including and excluding multimember
districts and found that our results were robust across different
models.
[41] We calculated the average for each measure of electoral
competition across all elections before public financing was available
and after public financing was available. We then calculated the
average change that took place across the two different periods in the
states. We then estimated the difference in the change that took place
between Maine and its comparison states and between Arizona and its
comparison states.
[42] In reviewing the literature and consulting with researchers,
there is no standard or accepted measure or definition of a close race
or landslide. We based our selection of these definitions on
literature and discussions with researchers. This research suggested
that a 10 percentage point difference would indicate a reasonable
measure of competitiveness in a district. The largest range used by a
researcher to indicate competitiveness was 20 percentage points; thus
our definition of a landslide is those races that exceeded this
threshold.
[43] Because Arizona has multimember House districts (where two
representatives are elected from each district), a contested race was
one in which three candidates ran, since two candidates would be
elected.
[44] We counted races with multiple incumbents running against each
other, and multimember district races where one incumbent won but the
other did not, as incumbent wins for the purposes of our statistical
analysis. These events, which are enumerated in the electronic
supplement accompanying this report--GAO-10-391SP--were relatively
infrequent and we do not have reason to believe they would change the
interpretation of our results.
[45] Individual incumbent reelection rates remained high when we
factored in the number of incumbents running in primary elections.
However, because incumbents may choose to run (or not to run) in a
general election regardless of whether they win a primary election,
and because some uncontested incumbents do not participate in
primaries, we did not calculate a conditional incumbent reelection
rate for those general election incumbents who also ran in primaries.
[46] For further discussion on how we selected the specific comparison
states, see appendix I.
[47] Data on candidates' demographic characteristics (e.g., race and
sex) were not routinely collected by the Maine and Arizona Secretary
of State offices during the seven election years examined (1996
through 2008). Therefore, we did not compare these demographics of
candidates in the elections before and after the implementation of the
public financing programs.
[48] In Maine, independent candidates who are not enrolled in a party
are also known as unenrolled candidates.
[49] We consider an independent or third-party candidate to be
"viable" if the candidate received 5 percent or more of votes cast.
This threshold is distinct from whether a candidate is electable or
highly competitive with other candidates. We chose this in light of
interviews with state officials and research suggesting that garnering
5 percent of votes cast is a common standard for a party to attain and
retain ballot access at the state level, which is key in establishing
voter awareness and institutional credibility for a party.
[50] Not all candidates commented on changes in candidate quality.
[51] These data reflect what the candidate spent--either from the
public financing program for participating candidates or from
traditional fundraising for nonparticipating candidates. Spending
amounts presented for both Maine and Arizona candidates include both
primary and general election spending for candidates that participated
in the general election and reported spending more than zero dollars.
Spending amounts have been adjusted for inflation using the gross
domestic product (GDP) price index, with 2008 as the base year.
[52] For the Maine 2008 election cycle, independent expenditures were
defined as any expenditure "made by a person, party committee,
political committee or political action committee, other than by
contribution to a candidate or a candidate's authorized political
committee, for any communication that expressly advocates the election
or defeat of a clearly identified candidate; and is presumed in races
involving a candidate who is certified as a Maine Clean Election Act
candidate … to be any expenditure made to design, produce, or
disseminate a communication that names or depicts a clearly identified
candidate and is disseminated during the 21 days, including election
day, before a primary election; the 35 days including election day,
before a general election; or during a special election until and on
election day." For the Arizona 2008 election cycle, independent
expenditures were defined, in pertinent part, as expenditures "by a
person or political committee, other than a candidate's campaign
committee, that expressly advocates the election or defeat of a
clearly identified candidate, that is made without cooperation or
consultation with any candidate or committee or agent of the candidate
and that is not made in concert with or at the request or suggestion
of a candidate, or any committee or agent of the candidate."
[53] Expenditures by publicly financed candidates were made from
funding provided by initial distributions of public funds for the
primary and general election, as well as matching funds provided as a
result of any independent expenditures made on behalf of their
opponents.
[54] In 2003 we reported that according to the Director of Maine's
commission for 1998 and earlier years, the amounts of reported
independent expenditures in the state were negligible. See GAO-03-453.
[55] A 2003 change in Maine election law, in place for the 2004 Maine
elections, expanded the definition of an independent expenditure to
include any expenditure made to design, produce, or disseminate a
communication that names or depicts a clearly identified candidate
made within specified time periods close to an election, even if the
communication does not expressly advocate a candidate's election or
defeat. The period in which these kinds of communications are presumed
to be independent expenditures is different for the primary and
general elections. For additional details, please refer to appendix II.
[56] In Arizona, neither the Secretary of State nor the commission
responsible for administering the public financing program calculates
candidate spending in each election. We calculated candidate spending
by adding candidate committee expenditures that were deemed to be
campaign-related and were made within specific time frames that
corresponded to the election years in which the candidate ran.
However, there may be some inconsistencies in how certain types of
expenditures were reported, since each candidate committee was
responsible for self-reporting financial transactions. We excluded
candidates who agreed to spend $500 or less because, according to
Arizona Secretary of State officials, these candidates were not
required to submit campaign finance reports.
[57] In 2003, we reported candidate spending data for 1996 and 1998.
See [hyperlink, http://www.gao.gov/products/GAO-03-453]. However, we
could not replicate these data because state officials told us that
their computer systems had undergone several upgrades and the data
were no longer available.
[58] While the Arizona Secretary of State's campaign finance data
system has captured independent expenditures made by individuals and
others since 2000, the candidates benefiting from the expenditures
were not systematically identified until the 2008 election cycle.
[59] In 2003, we reported independent expenditures for legislative and
statewide elections in Arizona in 1998, 2000, and 2002, which were
determined by hard-copy campaign finance reports submitted to the
Arizona Secretary of State. See GAO-03-453. State officials verified
these reports, but could not determine whether these reports
represented all independent expenditures made for these years. State
officials told us that their computer systems had undergone several
upgrades, and these data could not be retrieved.
[60] The independent expenditures in Arizona statewide and legislative
elections were adjusted for inflation using the GDP price index with
2008 as the base year.
[61] See, e.g., Buckley v. Valeo, 424 U.S. 1 (1976); Human Life of
Wash. v. Brumsickle, 2009 U.S. Dist. LEXIS 4289 (W.D. Wash. Jan. 8,
2009); FEC v. Wis. Right to Life, Inc., 551 U.S. 449 (2007).
[62] One candidate did not answer the question.
[63] For the purpose of our analysis, we included respondents from our
surveys of voting-age citizens who indicated that they were a lot,
some, or a little aware of the respective state's applicable public
financing law.
[64] We contracted with professional pollsters to obtain the views of
projectable samples of voting-age citizens in Maine and Arizona. This
polling effort, which duplicated questions asked for our 2003 report,
was designed to obtain citizenry views about the effect of the public
financing program on the influence of interest groups and citizens'
confidence in government. For our analysis, we included those
respondents who said they knew a lot, some, or a little about the
public financing law. See appendix I for more information about this
polling effort.
[65] Not all of the candidates or interest group representatives
interviewed commented on changes in how money is spent, the role of
political parties, and the timing of campaign activities under the
public financing program.
[66] In Maine, legislators may form leadership political action
committees. Legislators, including those who participate in the public
financing program, may raise money for their leadership political
action committees, but they may not spend the money in their own
campaigns. State officials told us that these leadership committees
often spend money to help elect other candidates from the same party.
[67] VAP includes U.S. residents age 18 and older. VEP accounts for
the statutory ability of individuals to vote. Depending on the
specific measure, estimates of VEP may exclude noncitizens, criminals
disqualified under state felon disenfranchisement laws, or other U.S.
residents of voting age who are disqualified from voting.
[68] Historically, voter turnout is higher in presidential years than
in years without a presidential election.
[69] EAC was established by the Help America Vote Act (HAVA) of 2002,
Pub. L. No. 107-252, 116 Stat. 1666 (2002). EAC is an independent,
bipartisan commission responsible for, among other things, developing
guidance to meet HAVA requirements, serving as a national
clearinghouse of information about election administration, and
certifying voting systems.
[70] CPS is a monthly survey of about 50,000 households conducted by
the Census for the Bureau of Labor Statistics on the labor force
characteristics of the U.S. population. Estimates obtained from the
CPS include those on employment, unemployment, earnings, as well as
other subjects including voting and registration. American National
Election Studies conducts national surveys of the American electorate
in election years, among other things.
[71] The sampling frame is the source of information used in selecting
those households or individuals for a survey sample. While an ideal
sampling frame would include all individuals or units from the target
population of interest, most sampling frames are limited to some
available subset of the population.
[72] Citizenship rates vary across states and adjusting VAP to create
a "citizen VAP" can lead to changes in state-level estimates of voter
turnout.
[73] ACS is a nationwide survey conducted by the U.S. Census Bureau
that collects population, economic, social, demographic, and housing
information every year instead of every 10 years. ACS began testing in
1996 and was fully implemented to allow for small area estimates in
2005. Census has combined original ACS data with supplementary data to
create an ACS data file suitable for state level estimates starting in
2000.
[74] The ACS sampling frame includes some individuals excluded from
the CPS, including residents of group quarters such as nursing homes,
prisons, and college dormitories.
[75] GAO, Campaign Finance Reform: Early Experiences of Two States
That Offer Full Public Funding for Political Candidates, [hyperlink,
http://www.gao.gov/products/GAO-03-453] (Washington, D.C.: May 9,
2003).
[76] S. Rep. No. 110-129 at 73 (2007). Since the Senate Report was
issued in 2007, the report language referred to the past two election
cycles, 2004 and 2006. However, due to the timing of our work, we
included the past three election cycles in our report--2004, 2006, and
2008.
[77] We interviewed Thomas M. Carsey, Robert E. Hogan, Ruth S. Jones,
Ray J. La Raja, Neil Malhotra, Kenneth R. Mayer, Michael P. McDonald,
Richard G. Niemi, and Peverill Squire. These researchers have
conducted studies or research on public financing programs, electoral
outcomes, or state legislatures.
[78] We interviewed representatives from the Campaign Finance
Institute, Center for Governmental Studies, Clean Elections Institute,
Congressional Research Service, Goldwater Institute, Institute for
Justice (Arizona Chapter), League of Women Voters of Arizona, Maine
Citizens for Clean Elections, National Conference of State
Legislatures, National Institute on Money in State Politics, and
Public Campaign.
[79] There are other goals of public financing programs, such as
increasing the amount of time candidates spend with voters. However,
we did not measure these goals or assess the extent to which they may
have been met because we focused our review on updating those goals we
identified in our 2003 report.
[80] In Maine, public financing is available for candidates for state
legislative offices and governor. In Arizona, public financing is
available for candidates running for the following statewide offices:
legislature, governor, secretary of state, attorney general, state
treasurer, superintendent of public instruction, state mine inspector,
and corporation commissioners.
[81] For our 2003 report, we conducted a mail survey of all candidates
for office in Maine's and Arizona's 2000 elections. Due to different
methods used, the results from the candidate survey presented in our
2003 report and the results from the telephone interviews are not
comparable.
[82] We identified interest groups that made contributions during the
2008 election cycle, November 2006 through November 2008.
[83] We used state-level data on individual elections and candidates
to generate a rate of participation in public financing programs.
[84] For purposes of this report, we defined an incumbent as a
candidate who held a seat from the previous legislative session in the
same chamber.
[85] In our 2003 report, we measured winners' victory margins by
determining the difference between the percentage of votes received by
the winning incumbents and the second-place finishers and defined a
competitive race as one in which the difference in the percentage of
the vote garnered between the winning incumbent and the runner-up was
15 points or less. See [hyperlink,
http://www.gao.gov/products/GAO-03-453].
[86] We did not compare primary election outcomes since the states'
systems for nominating candidates for the general election differ
considerably and therefore are not comparable.
[87] The National Conference of State Legislatures defines legislative
capacity as the ability of the legislature to function as an
independent branch of government, capable of balancing the power of
the executive branch and having sufficient information to make
independent, informed policy decisions. Factors such as the amount of
time legislators spend on legislative work, annual compensation, and
the ratio of legislative staff to number of legislators, can affect
the level of legislative capacity.
[88] We assessed the reliability of the data from each of the four
comparison states by performing electronic testing for obvious errors
in accuracy and completeness; validating the data using other sources;
reviewing the associated documentation, such as system flowcharts; and
interviewing state officials about their data systems. We found the
data to be sufficiently reliable for our analyses.
[89] Connecticut's 2008 election is omitted from our comparative
multivariate analyses, since full public financing was available for
the first time to state legislative candidates in the 2008 election
cycle. The results from the analyses excluding Connecticut in 2008 are
consistent with those that include it.
[90] See [hyperlink, http://www.gao.gov/products/GAO-03-453] for more
information.
[91] Races with more incumbents than seats available, and races in
multimember districts where only one of two incumbents running won,
were classified as "wins." Given the infrequency of these events, we
do not have reason to believe that classifying these events as losses
would have an effect on our statistical analyses.
[92] To account for incumbents who lost in primary elections, we also
calculated the individual incumbent reelection rate for all incumbents
running including all incumbents who participated in primary elections
and found similarly high reelection rates. Primary processes vary
across states and parties. While most general election incumbents in
Maine, Arizona, Colorado, and Montana had competed in a primary, a
large proportion of incumbents in general elections in Connecticut and
South Dakota were not participants in primaries. Additionally, several
incumbents who won primaries did not run in general election races,
while several who lost primaries nevertheless ran in the general
election.
[93] In 2004, three of Maine's general election races (two House and
one Senate), as well as two of Montana's House primary races and one
of Montana's House general election races involved paired incumbents.
In 2002, one primary and one general election in Connecticut involved
paired incumbents. Also in 2002, three Arizona House primary elections
and one each in a South Dakota House primary and general race involved
more incumbents than seats available. South Dakota also had a primary
in 2000 with more than one incumbent that was not likely a result of
redistricting. Colorado experienced no multiincumbent races following
the 2000 Census.
[94] We examined district boundary changes following the 2000 Census
in Arizona, South Dakota, Colorado, and Connecticut. Our analysis
revealed that the average district in Arizona experienced a much
higher degree of geographic change than districts in other states.
Electronic boundary files were not available for legislative
boundaries in Maine and Montana prior to the boundaries based on the
2000 Census.
[95] Fixed effects models compare how an outcome changes over time
within states or legislative districts, in our case. Fixed effects
models allow us to conclude that differences between states or
districts at one point in time, such as laws, could not have affected
the outcomes. We can rule out these factors because we only compare
how the outcomes change within one state or district versus another,
not how the outcomes differ at one time. Hierarchical loglinear
regression models involve comparing the relative fit of simpler models
with more complex models for the purpose of determining which factors
do and do not have significant direct or indirect (i.e., interactive)
effects on the outcomes of interest.
[96] Redistricting following the release of data from the 2000
decennial Census complicates the use of district fixed effects because
district boundaries are not guaranteed to have stayed the same. We
used both types of fixed effects as a sensitivity analysis, in part to
maximize control, but we acknowledge that, for the district fixed
effects models, the assumption that district boundaries did not change
substantially may not hold.
[97] Linear probability models and robust variance estimators are
statistical methods to determine the best fit line or curve that
corresponds to the data and to test assumptions about the models used,
respectively.
[98] See Leo A. Goodman, Analyzing Qualitative/Categorical Data
(Lanham, Maryland: Abt Books, 1978). These procedures compare models
hierarchically to determine which, if any, set of variables can
adequately predict variation in the outcome. In general, more
parsimonious models (those with fewer variables) are preferable to
those with more variables, so long as excluding variables does not
erode how well the model fits the observed data.
[99] We used likelihood ratio chi-squared tests to identify which
models significantly explained variation.
[100] In general, independent expenditures are expenditures made by an
individual or group other than by contribution to the candidate, that
benefits a candidate, but without coordination with the benefiting
candidate. Participating candidates in Maine's and Arizona's public
financing programs receive matching funds based in part on independent
expenditures made that benefit an opposing candidate.
[101] For example, data from Arizona's campaign finance reports
identify the candidate committee number and name of the committee,
such as "Smith for State Senator," but not the individual candidate by
name, such as "John Smith," or candidate number assigned by the
Secretary of State.
[102] An omnibus survey is a survey that includes questions on a
number of topics.
[103] For our 2003 report, we also contracted with pollsters to
conduct omnibus telephone surveys in Maine and Arizona in 2002. See
[hyperlink, http://www.gao.gov/products/GAO-03-453] for more
information about our 2002 surveys and results. For this report,
Arizona respondents were inadvertently not given the option of "too
soon to tell" when asked about the extent to which the clean election
law has decreased or increased the influence of interest groups and
increased or decreased their confidence in state government.
[104] In designing the questions, we used the term "clean election"
because this wording has been widely used in the media, was used in
the ballot initiatives, and also is part of the title of the
respective state's laws. Thus, in reference to voter awareness, the
term "clean election" likely is more commonly recognized than an
alternative term such as "public financing program."
[105] Voter turnout is generally defined as the percentage of the
voting-age population (VAP) or voting-eligible population (VEP)
(voting age citizens who are not statutorily disqualified from voting)
who cast a ballot in an election. These sources collect or compile
information on VAP, VEP, voter registration, ballots cast or counted,
or self-reported voting behavior.
[106] Maine Clean Election Act, 21-A M.R.S. § 1121 et seq.
[107] Arizona Citizens Clean Elections Act, A.R.S. § 16-940 et seq.
[108] In contrast, some states offer partial public funding programs
that provide candidates with a portion, but not most, of the money
expected to be necessary to run a campaign, generally by matching
private contributions with public money at various ratios.
[109] The coalition of interest groups included the American
Association of Retired Persons (Maine Chapter), Maine A.F.L.-C.I.O.,
League of Women Voters of Maine, Common Cause/Maine, Natural Resources
Council of Maine, Maine People's Alliance, Money and Politics Project,
and Peace Action Maine.
[110] GAO, Campaign Finance Reform: Early Experiences of Two States
That Offer Full Public Funding for Political Candidates, [hyperlink,
http://www.gao.gov/products/GAO-03-453] (Washington, D.C.: May 9,
2003).
[111] State of Maine, Report of the Commission on Governmental Ethics
and Election Practices, 2007 Study Report: Has Public Funding Improved
Maine Elections? Augusta, Maine, 2007.
[112] Most (281 of the 300) of the legislative primary elections for
Maine's House of Representatives in 2008 were uncontested.
[113] For example, express advocacy includes the use of phrases such
as "vote for the governor," "reelect your representative," "support
the democratic nominee," "cast your ballot for the Republican
challenger," "defeat the incumbent," or "vote pro-life" or "vote pro-
choice," if accompanied by a list of pro-life or pro-choice
candidates. Clearly identified means the candidate's name or image
appears in the communication; or that the candidate's identity is
apparent by unambiguous reference.
[114] The contribution limit will increase to $350 per donor for the
2010 legislative elections in Maine.
[115] Participating candidates for the state legislature could also
use $610 of their personal moneys for their campaigns in 2008.
[116] The Secretary of State is to adjust the base amount, established
in Arizona's Act, for inflation every 2 years.
[117] During the 2008 primary election period, participating
candidates were to receive matching funds in the amount equal to any
excess of the opposing nonparticipating candidate's reported spending
over the primary election spending limit, as previously adjusted, less
6 percent for the nonparticipating candidate's fundraising expenses
and less the amount of early contributions raised for the
participating candidate for that office. During the 2008 general
election period, participating candidates were to receive matching
funds in the amount equal to any excess of the reported difference
over the general election spending limit, as previously adjusted, and
less 6 percent for the opposing nonparticipating candidate's
fundraising expenses.
[118] McComish v. Brewer, 2010 U.S. Dist. LEXIS 4932 (D. Ariz. Jan.
20, 2010).
[119] McComish v. Bennett, 2010 U.S. appendix LEXIS 10442 (9TH Cir.
Ariz. May 21, 2010).
[120] In Arizona, the highest ranking office is governor, which is
succeeded by the secretary of state, attorney general, state
treasurer, superintendent of public instruction, corporation
commissioners in the order of seniority, mine inspector, Senate
majority and minority leaders and House majority and minority leaders.
The commissioners that served in 2009 were variously appointed by the
governor, secretary of state, or attorney general, who were the
highest-ranked Republican and Democrat at the time of the appointments.
[121] The Arizona Citizens Clean Elections Commission may exceed the
expenditure limit during a calendar year, provided that it is offset
by an equal reduction of the limit during another calendar year within
the same 4-year period beginning January 1 immediately after a
gubernatorial election.
[122] See, e.g., In the Matter of: David Burnell Smith, Administrative
Law Judge Decision, No. 05F-040023-CCE (August 2005); Smith v. Arizona
Citizens Clean Elections Commission, 132 P.3d 1187 (Ariz. 2006).
[123] Maine Clean Election Act, 21-A M.R.S. § 1121 et seq.
[124] Arizona Citizens Clean Elections Act, A.R.S. § 16-940 et seq.
[125] C.G.S. § 9-700 et seq.
[126] P.L. 2004, c.121, August 11, 2004.
[127] P.L. 2007, c.60, March 28, 2007.
[128] This type of program has been referred to as a "full" public
campaign financing program. Full public campaign financing programs,
in theory, are generally intended to be sufficient to cover most
campaign costs. In contrast, some states offer partial public funding
programs that provide candidates with a portion, but not most, of the
money expected to be necessary to run a campaign, generally by
matching private contributions with public money at various ratios.
[129] These statewide offices are Governor, Lieutenant Governor,
Attorney General, State Comptroller, State Treasurer, and Secretary of
the State. The next election for these offices will be held in 2010.
[130] In addition to administering the public financing program, SEEC
has a number of other responsibilities, including the investigation of
possible violations of the election laws and the inspection of
campaign finance records and reports. The governor and the four
highest ranking leaders of the General Assembly each make appointments
to the five-member Commission.
[131] If a candidate for the same office representing the same minor
party in the prior election received at least 20 percent of the votes
cast for that office, the eligible minor party candidate in the
current election may receive the same amount of public funds for the
general election campaign as the major party candidates. If a
candidate for the same office representing the same minor party in the
prior election received at least 10 or 15 percent of the votes cast
for that office, the current minor party candidate may receive one-
third or two-thirds respectively of the amount of public funds for the
general election campaign as the major party candidates and may
continue to collect contributions meeting the criteria for qualifying
contributions to make up the difference between the amount received
and the amount of the full grant. Eligible petitioning party
candidates, those not nominated by a major or minor political party,
who secure a place on the ballot by filing a requisite nominating
petition, are eligible to receive funding similar to that of eligible
minor party candidates. Additionally, if a minor party for the same
office represents the same minor party in the prior election received
less than 10 percent of the votes cast for that office, the current
minor party candidate may collect signatures on a nominating petition
in order to qualify for a grant.
[132] An August 27, 2009, federal district court ruling (Green Party
of Connecticut, v. Garfield 648, F. Supp. 2d 298 (2009)) held that the
Connecticut public financing program placed an unconstitutional
discriminatory burden on minor party candidates' First Amendment
protected right to political opportunity by enhancing major party
candidates' relative strength beyond their past ability to raise
contributions and campaign, without imposing any countervailing
disadvantage to participating in the public funding scheme. This case
was appealed to the U.S. Court of Appeals for the Second Circuit in
September 2009.
[133] An independent expenditure, in general, is an expenditure that
is made, without the consent, knowing participation, or consultation
of a candidate or agent of a candidate committee. Independent
expenditures, to promote the success or defeat of a candidate's
campaign, in excess of $1,000 in the aggregate must be reported to
SEEC by the person or entity that makes the expenditure.
[134] According to the Director of the Connecticut Citizens' Election
Program, approximately $1 million was returned as surplus funds to the
Citizens' Election Fund from public grant funds distributed for the
2008 election cycle. The surplus funds were returned in calendar years
2008 and 2009.
[135] New Jersey has 40 legislative districts with one senator and two
Assembly members in each district, and elections are held in odd-
numbered years. Each Assembly member has a 2-year term and each
senator has a 4-year term.
[136] The 6th and 13th legislative districts were selected for the
2005 pilot project.
[137] The three legislative districts selected for the 2007 pilot
project were the 14th, 24th, and 37th districts.
[138] Candidates were permitted to use previously raised and reported
contributions of $500 or less from New Jersey registered voters for
this purpose. All seed money contributions must be reported at the
same time as qualifying contributions.
[139] Certified independent candidates receiving at least 400
qualifying contributions would receive $25,000 or, if unopposed,
$12,500. Thereafter, the independent candidate would receive an amount
in equal proportion to the number of remaining qualifying
contributions up to a maximum of 800 contributions, for a maximum
amount of $50,000.
[140] These additional funds are also known as rescue money.
[141] McComish v. Brewer, No. 2010 U.S. Dist. LEXIS 4932 (D. Ariz.
Jan. 20, 2010). On May 21, 2010, the U.S. Court of Appeals for the
Ninth Circuit reversed the district court ruling on the basis that the
matching funds provision imposes only a minimal burden on First
Amendment rights, and bears a substantial relationship to the state's
interest in reducing political corruption. (2010 U.S. appendix LEXIS
10442 (9TH Cir. Ariz. May 21, 2010)).
[End of section]
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