Tracking Quid Pro Quos : Some Practical Next-Steps in Campaign Finance Reform

This note summarizes key movements in campaign finance regulation since 2002, identifies the normative and legal reasoning behind the changes, and provides actionable, practical, possible solutions despite the issue's challenging precedential and political climate.Part I identifies two normative rationales for campaign finance reform: 1) the concern that if contributors have greater access to elected officials and candidates, then political priorities may be distorted (the "Access thesis"); and 2) that the influx of large sums of money may affect the pipeline of candidates who run for office (the "Pipeline thesis"). Part II surveys existing caselaw and notes that no other rationales apart from the appearance or actuality of quid pro quo corruption currently can justify any restrictions. Part III identifies pushback against regulation under the small government, "marketplace of ideas" framework Justice Thomas articulates in McCutcheon. This note critiques that position by observing that without sufficient regulation, campaign contributions actually encourage both a more distorted marketplace of ideas and a larger regulatory state with many narrow earmarks and exceptions.Part IV considers potential implementation problems and proposes solutions. The note identifies three problems related to partisanship: 1) the issue will not advance if only one side follows a given standard; 2) presidential executive orders create a similar "unforced error" bad press problem as they only bind the executive who declares them; and 3) if one side sees the issue as only a political advantage for the other side, it will never get bipartisan support. Despite these challenges, this note identifies several solutions. First, legal solutions proposed include: 1) new legislative designs; 2) building a robust record on quid pro quo corruption; 3) expanding the definition of quid pro quo corruption itself, particularly based on empirical research on legislator-to-legislator contributions; and 4) reforms at the executive level from a sympathetic presidential administration. Second, the note identifies a key practical solution: increased investment in candidate training and support programs, including legislative funding for robust outreach and training programs on how to run for office.This note contributes to campaign finance scholarship by identifying timely legal and practical solutions despite the existing limited legal and political landscape