Federal Election Activity

Federal Election Activity in the United States

Federal Election Activity (FEA) in the context of the Political Party Committees

In this context, Federal Election Activity (FEA) may be defined as follows: Activity by entities, including state, district and local party committees, which may be paid for with federal or – in the case of the first two types – a combination of federal and Levin funds. The four types of federal election activity are as follows:

  • Voter registration activity during the period 120 days before a primary or general election and ending on election day itself;
  • Voter identification, get-out-the-vote and generic campaign activity conducted in connection with an election in which a federal candidate appears on the ballot;
  • A public communication that refers to a clearly identified candidate for federal office and that promotes, attacks, supports or opposes any candidate for federal office. The communication does not need to expressly advocate the election or defeat of the federal candidate to qualify as federal election activity; and
  • Services provided during a month by an employee of a state, district or local party committee who spends more than 25 percent of his or her compensated time during that month on activities in connection with a federal election including FEA. 100.24(b).

The Electoral Process

The Republican and Democratic parties contest public office at every level of political life including town councils, mayoralties, state governorships, Congress and the presidency. The selection of these officials is a two-part process, first, to win the party nomination, and second, to defeat the opposing party’s candidate in the general election.

Methods of nominating candidates have evolved throughout U.S. history. The earliest, which dates from colonial times, is the caucus, an informal meeting of party leaders who decide which candidates they will support. As the nation developed and political organization became more complex, various local caucuses began to delegate representatives to meet with representatives from other local caucuses to form county and then state groups, which finally selected candidates. These enlarged bodies, known as conventions, were the prototypes of the great presidential nominating conventions of today. The third nominating method is the primary election. Primaries are statewide intraparty elections; which are designed to give voters the opportunity to select their party’s candidates directly for various offices.

The electoral process culminates in the quadrennial election of the president of the United States. Party candidates are selected in nominating conventions held several months before the general election. Delegates to these conventions, chosen within each state, are generally pledged to vote for a particular candidate, at least on the first ballot.

General elections pit the candidates of the political parties against each other. In most cases, the party candidates for all offices — federal, state and local — run as a block or slate, although voters cast their ballots for each office individually. In addition, each party draws up a statement of its position on various issues, called a platform. Voters thus make their decisions on the basis of the individuals running for office, and the political, economic and social philosophies of the parties they represent.

It is possible for a candidate to run for office in a general election without the backing of a political party. To run as an independent, a person must present a petition, signed by a specified number of voters who support his or her candidacy. Still another device is the write-in vote: A candidate’s name that does not appear on the ballot can be written in by voters in a space provided for that purpose.

Persons elected to office exercise the power to make and execute laws as representatives of the people. In certain circumstances, the people can exercise this power directly. The example of the New England town meeting is one such instance. In addition, in some states, a substantial number of voters may petition for the adoption of a law, bypassing the normal legislative process. The proposal, called an initiative, is submitted for approval of the voters at a general or special election. If approved, it becomes law without legislative action. In other cases, the people may be asked to express their opinions by voting on specific issues in a referendum. The referendum may be only an expression of the popular will to guide the legislature, or it may be made binding on the legislators. In the latter case, an act of the legislature may be overturned by the voters. (1)

Resources

Notes and References

  1. “An outline of American government” (1980), by Richard C. Schroeder

Federal Election Activity: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Federal Election Activity. This part provides references, in relation to Federal Election Activity, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Federal Election Activity by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Federal Election Activity and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Federal Election Activity or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Federal Election Activity and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Federal Election Activity. Finding these decisions can be challenging. In many cases, researchers about Federal Election Activity should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Federal Election Activity when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

Leave a Comment