Cecily Zamora
Campaign finance laws are federal laws in the United States that regulate money in politics. While a campaign finance violation is not grounds to remove an elected official from office, Congress could decide that it constitutes a high crime or misdemeanor for which a sitting President could be impeached. There is historical precedent for Congress considering campaign finance violations as grounds for impeachment. For example, Michael Cohen, former lawyer to President Donald Trump, pleaded guilty to two counts of campaign finance violations, and President Trump himself has been accused of violating campaign finance laws.
| Characteristics | Values |
|---|---|
| Can a violation of campaign finance laws be grounds for impeachment? | Yes, Congress could decide that a campaign finance violation constitutes a "high crime or misdemeanor" for which a sitting President could be impeached. |
| Can a violation of campaign finance laws be grounds for removal from office? | No, a campaign finance violation is not grounds to remove an elected official from office on its own. |
| What are the consequences of violating campaign finance laws? | Civil or criminal fines, loss of federal matching funds in future elections, up to 5 years in prison, and other associated federal crimes such as perjury, conspiracy to impede, false statements, and obstruction of investigation |
| Who enforces federal campaign finance laws? | The Federal Election Commission (FEC) has exclusive jurisdiction over the civil enforcement of federal campaign finance laws. |
| How are federal campaign finance laws enforced? | Enforcement cases can come from audits, complaints, referrals, or self-submissions. Anyone can submit a complaint if they believe a violation of the law has occurred or is about to occur. |
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What You'll Learn
Historical precedent for impeachment
While a campaign finance violation is not grounds to remove an elected official from office, Congress could decide that it constitutes a "high crime or misdemeanour" for which a sitting President could be impeached. There is historical precedent for Congress considering campaign finance violations as grounds for impeachment.
The impeachment process is a unique political process largely unchecked by judicial precedent. The weight of historical practice is thus central to understanding the nature of impeachment in the United States. The type of behaviour that qualifies as impeachable conduct is determined by competing political interests, changing institutional relationships among the three branches of government, and legislators' interaction with and accountability to the public.
There are several instances of evidence of violations of federal campaign finance laws by Donald Trump, both from the 2016 and 2020 Trump campaigns. Trump has been accused of soliciting information about the Biden family from a foreign government (the Ukrainians), which is another violation of federal campaign finance law and could provide additional grounds for impeachment. Trump has also been accused of violating campaign finance laws due to a repayment made to one of his lawyers, Michael Cohen. Cohen pleaded guilty in 2018 to violating federal campaign finance laws in two distinct ways to help secure the silence of two women who alleged that Trump had had affairs. Cohen's first campaign finance crime was paying adult film actress Stormy Daniels (nee Stephanie Clifford) $130,000 for her silence on the eve of the 2016 election. This payment was considered an in-kind donation to the 2016 Trump campaign and violated the law because it was too large. The second campaign finance violation that Cohen pleaded guilty to was with respect to facilitating a payment by the National Enquirer to a Playboy model named Karen McDougal of $150,000 to catch and kill her story about her alleged affair with Trump. This violated a federal law called the Tillman Act, which bars corporations from spending in federal elections.
There is also a precedent for impeachment involving campaign finance violations set by the Nixon administration. Nixon failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavoured to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including the campaign financing practices of the Committee to Re-elect the President.
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Criminal fines
While breaking campaign finance laws is not grounds for the removal of an elected official from office, it may constitute a "high crime or misdemeanour" for which impeachment proceedings could be initiated.
- Accepting contributions or making expenditures before appointing a treasurer.
- Failing to register as a committee when meeting the threshold.
- Accepting contributions from prohibited donors, such as corporations, foreign nationals, or anonymous donors.
- Making candidate contributions that exceed the statutory contribution limits.
- Failing to use the required disclaimer text on campaign advertisements or independent expenditures.
- Using committee funds for personal benefit.
- Failing to maintain adequate records.
In some jurisdictions, fines may be imposed on the political committee itself, while in others, fines may be imposed on the committee, its treasurer, chairperson, and other committee leaders. If violations are found to be intentional or part of a longstanding pattern of abuse, committee leaders may face additional criminal penalties for failing to adhere to the laws.
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Civil fines
While a campaign finance violation is not grounds to remove an elected official from office, Congress could decide that such a violation constitutes a "high crime or misdemeanour" for which a sitting president could be impeached. For example, in 2018, Michael Cohen, former lawyer to President Trump, pleaded guilty to violating federal campaign finance laws in two distinct ways to help secure the silence of two women who alleged affairs with Trump. Cohen's first campaign finance crime was paying adult film actress Stormy Daniels $130,000 for her silence on the eve of the 2016 election. This payment was considered an in-kind donation to the 2016 Trump campaign and violated the law because it exceeded the limit for donations to support Trump's candidacy at the time.
- Accepting contributions or making expenditures before appointing a treasurer
- Failing to register as a committee when meeting the threshold
- Accepting contributions from prohibited donors (e.g. corporations, foreign nationals, anonymous donors)
- Making candidate contributions in excess of the statutory contribution limits
- Failing to use required disclaimer text on campaign advertisements/independent expenditures
- Using committee money for personal benefit
- Failing to maintain adequate records
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High crimes and misdemeanours
The US Constitution states that the President, Vice President, and all civil officers can be impeached for "treason, bribery, or other high crimes and misdemeanours". While treason and bribery are well-understood terms, the Constitution does not define "high crimes and misdemeanours".
The phrase "high crimes and misdemeanours" is a "term of art", a technical term that must be interpreted in the context of its historical usage. The English Parliament used this phrase as early as 1386 to describe grounds for impeaching officials of the crown. The impeachment of King's Chancellor Michael de la Pole, 1st Earl of Suffolk, was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament, while another said that he failed to pay a ransom for Ghent, leading to the city's fall to the French.
In the US, impeachment is a political process largely unreviewable by the Judicial Branch. The meaning of "high crimes and misdemeanours" is informed by the history of congressional impeachments, rather than judicial decisions.
"High crimes and misdemeanours" can include a wide range of offences, such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and disobeying an order from Parliament. These offences are often related to the abuse of power or office, corruption, or misuse of office for personal gain.
Congress has the power to decide that a campaign finance violation constitutes a "high crime or misdemeanour" for which a sitting President could be impeached. There is historical precedent for Congress considering campaign finance violations as grounds for impeachment. For example, President Trump was accused of violating campaign finance laws by soliciting information about the Biden family from a foreign government during the 2016 election.
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Federal Election Campaign Act of 1971
The Federal Election Campaign Act of 1971 (FECA) is the primary United States federal law regulating political campaign fundraising and spending. The law was enacted on February 7, 1972, and signed into law by President Richard Nixon. Over the years, the FECA has been amended several times to address various issues and court rulings.
The FECA was first introduced in the Senate on January 26, 1971, by Senator Mike Mansfield, and later in the House, where it passed on November 30, 1971, by a vote of 372-23. The Act focused on creating limits for campaign spending on communication media, adding penalties to the criminal code for election law violations, and imposing disclosure requirements for federal political campaigns. It also introduced bans on certain corporate and union contributions, speech, and expenditures.
In 1974, following the Watergate scandal, the Act was amended to create the Federal Election Commission (FEC) and further regulate campaign spending. The FEC opened its doors in 1975. The Act was amended again in 1976, in response to the Supreme Court striking down several provisions as unconstitutional in Buckley v. Valeo, including the structure of the FEC and the limits on campaign expenditures.
The FECA has been a key piece of legislation in regulating campaign finances and ensuring transparency in political campaigns. However, it is important to note that violations of campaign finance laws are not grounds for removing an elected official from office. Nevertheless, Congress has the power to impeach and remove a president if they deem that the violation constitutes a "high crime or misdemeanor".
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Frequently asked questions
Yes, Congress has the power to impeach a sitting President for a campaign finance violation. However, it is not a ground to remove an elected official from office. Congress could decide that a campaign finance violation constitutes a "high crime or misdemeanor", which is an impeachable offence.
Some examples of breaking campaign finance laws include making payments to cover up an affair, or soliciting information about political opponents from foreign governments.
The consequences of breaking campaign finance laws vary. They can include civil or criminal fines, a reduction in federal matching funds for future elections, up to 5 years in prison, or impeachment.
