The decision by the Federal Election Commission to defer action on new rules to constrain the activities of so-called 527 political organizations is being portrayed as an utter collapse of the new McCain-Feingold campaign finance law. In fact, nothing could be further from reality.

The dispute over whether several new Democratic-leaning independent political groups should be required to register with the FEC and abide by contribution limits is a legitimate one, and there is merit in the regulatory proposal — rejected by the full commission — that was offered by Commissioners Scott Thomas and Michael Toner. But this argument largely concerns unresolved questions stemming from judicial and FEC interpretations of the 1974 law that governs federal election law — not McCain-Feingold.

Had the Thomas-Toner proposal been adopted, the Media Fund and America Coming Together would have faced tougher requirements on the sources and amounts of contributions they receive. But supporters of the Media Fund and ACT still would have had legal options to continue their campaign activities. ACT would have had to raise more hard money to match its soft-money contributions, but it had already been moving in that direction, as had Moveon.org, which is now focusing its campaign activities on hard-money fundraising and expenditures.

Millionaire contributors to the Media Fund could have separately made independent expenditures in the form of television ads that expressly advocated the defeat of President Bush. Unions could have financed their own "issue ads" supporting Sen. John Kerry (D-Mass.) and attacking Bush until 30 days before the party convention or 60 days before the general election. Corporations would have retained the option to sponsor similar ads. Thereafter, even without FEC action, a key provision of McCain-Feingold kicks in. As the election nears, no 527 organization can use corporate or union money to finance broadcast ads that feature federal candidates.

McCain-Feingold was not written to bring every source of unregulated federal campaign funding within the scope of the law. Rather, it was designed to end the corrupting nexus of soft money that ties together officeholders, party officials and large donors. The law's principal goal was to prohibit elected officials and party leaders from extracting unregulated gifts from corporations, unions and individual donors in exchange for access to and influence with policymakers.

Indeed, the law has accomplished this objective. Members of Congress and national party officials are no longer soliciting unlimited contributions for the party committees, nor are they involved in the independent fundraising efforts of the leading 527 groups. The FEC's decision to defer action, therefore, does not pose the same risk of corruption as did the soft-money decisions of the past.

One of the fundamental concerns raised by the activities of 527s is that these groups, with their ability to receive unlimited contributions, would overshadow the candidates and weaken the role of parties in the electoral process. The new law, however, increased contribution limits to candidates and parties, to offset the effects of inflation and to ensure that parties remain major players in federal elections. Here, the evidence is overwhelming that the law's objective is being realized.

Bush and Kerry have both registered extraordinary fundraising success. Kerry has already raised more than $110 million, while the president has raised more than $200 million. In raising these sums, the presidential nominees have attracted the support of more than 500,000 donors who did not give money during the 2000 campaign. Congressional candidates, too, are also reaching out to new donors, with fundraising up 35 percent over the last cycle.

And in the first 15 months of this cycle, the national party committees have raised more than $430 million in hard money alone — $60 million more than they had raised in hard and soft money combined at the comparable point in the previous presidential cycle. This financial strength reflects the parties' success at adding more than 2 million new donors to their party rolls. For all the attention they are garnering, these 527 groups — both Democratic-leaning and Republican-leaning — pale when compared to the activities of the parties and candidates.

The 2004 elections have enormously high stakes. Supporters of Bush and Kerry are highly motivated to boost the election prospects of their favored candidate. All signs point to a vibrant get-out-the-vote effort by both parties and a rough equality in funding by and on behalf of the two major presidential campaigns. This reflects the 50/50 partisan division in the country and suggests that a disparity in resources is unlikely to determine the outcome of the presidential election.

The FEC has cheered some and disappointed others with its decision to defer new rulemaking on independent political organizations. While we empathize with the critics' concerns, we nonetheless take satisfaction that the major objectives of the new campaign-finance law are being realized.

ABSTRACT:

Early experience with federal campaign finance reform suggests that the new law is fulfilling its primary objective of severing links between policymakers and large donors, and thus reducing the potential for corruption in the political process. Instead of languishing or seeking to circumvent the law, the national political parties have responded to the ban on soft money by increasing their hard money resources. While outside groups appear active, particularly on the Democratic side, their soft money financing should remain a small fraction of what candidates and parties will raise and spend in the 2004 Elections.

To read the full article, please visit The Forum's website

There's a little more than a week to go before the Democratic National Convention begins in Boston. Senator John Kerry is both raising and spending money at a furious pace. The Kerry campaign raised about $182 million from March through June. Senator Kerry also outspent President George Bush in advertising throughout most of the summer. But the president still has more cash on hand, reportedly $63 million at the end of May. That's the latest figure available. The president also has more time to spend that money before accepting his Republican nomination on September 2. Anthony Corrado is an expert on campaign finance.

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Campaign finance remains one of the most important and controversial aspects of U.S. democracy, as shown by recent legislation, court challenges, and demands for reform. A new Brookings Institution Press book, Financing the 2004 Election, examines the implications that the costs and trends of 2004 have for the current elections.

On September 12, as the 2006 election cycle shifted into high gear, Brookings hosted a panel of experts on money and politics to examine how the year's campaign spending patterns compared to those in previous elections.

Brookings Senior Fellow Thomas Mann addressed these issues along with co-editors Anthony Corrado, Brookings nonresident senior fellow and professor of government at Colby College in Waterville, Maine; and David Magleby, Senior Research Fellow at the Center for the Study of Elections and Democracy and Dean of the School of Family, Home and Social Sciences at Brigham Young University in Utah.

The speakers compared candidate and party receipts of 2006 to date with those of 2002 and 2004, and examined the importance of the surge in individual donors and the role of 527 and 501(c) organizations. They also discussed how the Bipartisan Campaign Reform Act (BCRA) performed in 2004 and how the 2006 elections further test federal elections legislation. The briefing was co-sponsored by the Center for the Study of Elections and Democracy.

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The 2008 elections showcased the power of the Internet to generate voter enthusiasm, mobilize volunteers and increase small-donor contributions. After the political world has been arguing about campaign finance policy for decades, the digital revolution has altered the calculus of participation.

On January 14, a joint project of the Campaign Finance Institute, American Enterprise Institute and the Brookings Institution unveiled a new report that seeks to change the ongoing national dialogue about money in politics. At this event, the four authors of the report will detail their findings and recommendations. Relying on lessons from the record-shattering 2008 elections and the rise of Internet campaigning, experts will present a new vision of how campaign finance and communications policy can help further democracy through broader participation.

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Executive Summary

The political world has been arguing about campaign finance policy for decades. A once rich conversation has become a stale two-sided battleground. One side sees contribution or spending limits as essential to restraining corruption, the appearance of corruption, or the “undue influence” of wealthy donors. The other resists any such limits in the name of free speech. The time has come to leap over this gulf and, as much as possible, move the disputes from the courts. Preventing corruption and protecting free speech should each be among the key goals of any policy regime, but they should not be the only objectives. This report seeks to change the ongoing conversation. Put simply, instead of focusing on attempts to further restrict the wealthy few, it seeks to focus on activating the many.

This is not a brief for deregulation. The members of this working group support limits on contributions to candidates and political parties. But we also recognize the limits of limits. More importantly, we believe that some of the key objectives can be pursued more effectively by expanding the playing field.

Interactive communications technology potentially can transform the political calculus. But technology alone cannot do the trick. Sound governmental policies will be essential: first, to protect the conditions under which a politically beneficial technology may flourish and, second, to encourage more candidates — particularly those below the top of the national ticket — to reach out to small donors and volunteers.

We focus on participation for two reasons. First, if enough people come into the system at the low end there may be less reason to worry about the top. Second, heightened participation would be healthy for its own sake. A more engaged citizenry would mean a greater share of the public following political events and participating in public life. And the evidence seems to suggest that giving and doing are reciprocal activities: volunteering stimulates giving, while giving small amounts seems to heighten non-financial forms of participation by people who feel more invested in the process.

For these reasons, we aim to promote equality and civic engagement by enlarging the participatory pie instead of shrinking it. The Supreme Court has ruled out pursuing equality or civic engagement by constraining speech. But the Court has never ruled out pursuing these goals through policies that do not constrain speech.

This report will show how to further these ends. The first half surveys current conditions; the second contains detailed recommendations for moving forward.

The report begins with new opportunities. The digital revolution is altering the calculus of participation by reducing the costs of both individual and collective action. Millions of American went online in 2008 to access campaign materials, comment on news reports, watch campaign videos and share information. The many can now communicate with the many without the intervention of elite or centralized organizations. This capacity has made new forms of political organizations easier to create, while permitting the traditional organizations — candidates and parties — to achieve unprecedented scales of citizen participation. No example better illustrates this potential than the Obama campaign of 2008, which is discussed at length in the full report.

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From “American Crossroads” to “Americans for a Better Tomorrow, Tomorrow,” so-called "super PACs" have emerged as the dominant new force in campaign finance. Created in the aftermath of two landmark court decisions and regulatory action and inaction by the Federal Election Commission (FEC), these independent spending-only political action committees are collecting unlimited contributions from individuals, corporations and unions to advocate for or against political candidates. The legal requirements they face—disclosure of donors and non-coordination with the candidates and campaigns they are supporting—have proven embarrassingly porous. Increasingly, super PACs are being formed to boost a single candidate and are often organized and funded by that candidate’s close friends, relatives and former staff members. Their presence is most visible in presidential elections but they are quickly moving to Senate and House elections.

On March 1, on the heels of the FEC’s February filing deadline, the Governance Studies program at Brookings hosted a discussion exploring the role of super PACs in the broader campaign finance landscape this election season. Anthony Corrado, professor of government at Colby College and a leading authority on campaign finance, and Trevor Potter, nonresident senior fellow at the Brookings Institution, a former chairman of the FEC and lawyer to Comedy Central’s Stephen Colbert, presented. 

After the panel discussion, the speakers took audience questions. Participants joined the discussion on Twitter by using the hashtag #BISuperPAC.

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There is a lively debate today over whether or not campaign finance reforms have weakened the role of political parties in campaigns. This seems an odd argument in an era of historically high levels of party loyalty — on roll calls in Congress and voting in the electorate. Are parties too strong and unified or too weak and fragmented? Have they been marginalized in the financing of elections or is their role at least as strong as it has ever been? Does the party role in campaign finance (weak or strong) materially shape the capacity to govern?

In addition, the increasing involvement in presidential and congressional campaigns of large donors – especially through Super PACs and politically-active nonprofit organizations – has raised serious concerns about whether the super-wealthy are buying American democracy. Ideologically-based outside groups financed by wealthy donors appear to be sharpening partisan differences and resisting efforts to forge agreement across parties. Many reformers have advocated steps to increase the number of small donors to balance the influence of the wealthy. But some scholars have found evidence suggesting that small donors are more polarizing than large donors. Can that be true? If so, are there channels other than the ideological positioning of the parties through which small donors might play a more constructive role in our democracy?

In this paper, Thomas Mann and Anthony Corrado attempt to shed light on both of these disputed features of our campaign finance system and then assess whether campaign finance reform offers promise for reducing polarization and strengthening American democracy. They conclude that not only is campaign finance reform a weak tool for depolarizing American political parties, but some break in the party wars is probably a prerequisite to any serious pushback to the broader deregulation of campaign finance now underway.

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The Supreme Court’s recent McCutcheon decision has reinvigorated the discussion on how campaign finance affects American democracy. Seeking to dissect the complex relationship between political parties, partisan polarization, and campaign finance, Tom Mann and Anthony Corrado’s new paper on Party Polarization and Campaign Finance reviews the landscape of hard and soft money in federal elections and asks whether campaign finance reform can abate polarization and strengthen governing capacity in the United States. The paper tackles two popular contentions within the campaign finance debate: First, has campaign finance reform altered the role of political parties as election financiers and therefore undermined deal making and pragmatism? Second, would a change in the composition of small and large individual donors decrease polarization in the parties?

The Role of Political Parties in Campaign Finance

Political parties have witnessed a number of shifts in their campaign finance role, including McCain-Feingold’s ban on party soft money in 2002. This has led many to ask if the breakdown in compromise and governance and the rise of polarization has come about because parties have lost the power to finance elections. To assess that claim, the authors track the amount of money crossing national and state party books as an indicator of party strength. The empirical evidence shows no significant decrease in party strength post 2002 and holds that “both parties have compensated for the loss of soft money with hard money receipts.” In fact, the parties have upped their spending on congressional candidates more than six-fold since 1980. Despite the ban on soft money, the parties remain major players in federal elections.

Large and Small Donors in National Campaigns

Mann and Corrado turn to non-party money and survey the universe of individual donors to evaluate “whether small, large or mega-donors are most likely to fuel or diminish the polarization that increasingly defines the political landscape.” The authors map the size and shape of individual giving and confront the concern that Super PACs, politically active nonprofits, and the super-wealthy are buying out American democracy. They ask: would a healthier mix of small and large donors reduce radicalization and balance out asymmetric polarization between the parties? The evidence suggests that increasing the role of small donors would have little effect on partisan polarization in either direction because small donors tend to be highly polarized. Although Mann and Corrado note that a healthier mix would champion democratic ideals like civic participation and equality of voice.

Taking both points together, Mann and Corrado find that campaign finance reform is insufficient for depolarizing the parties and improving governing capacity. They argue forcefully that polarization emerges from a broader political and partisan problem. Ultimately, they assert that, “some break in the party wars is probably a prerequisite to any serious pushback to the broader deregulation of campaign finance now underway.”

Click to read Mann and Corrado’s full paper, Party Polarization and Campaign Finance.

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Despite the attention on the mid-term races, few elections are competitive. Electoral competition, already low at the national level, is in decline in state and primary elections as well. Reformers, who point to gerrymandering and a host of other targets for change, argue that improving competition will produce voters who are more interested in elections, better-informed on issues, and more likely to turn out to the polls.

On October 27, the Brookings Institution—in conjunction with the Cato Institute and The Pew Research Center—presented a discussion and a groundbreaking survey exploring the attitudes and opinions of voters in competitive and noncompetitive congressional districts. The survey, part of Pew's regular polling on voter attitudes, was conducted through the weekend of October 21. A series of questions explored the public's perceptions, knowledge, and opinions about electoral competitiveness.

The discussion also explored a publication that addresses the startling lack of competition in our democratic system. The Marketplace of Democracy: Electoral Competition and American Politics (Brookings, 2006), considers the historical development, legal background, and political aspects of a system that is supposed to be responsive and accountable, yet for many is becoming stagnant, self-perpetuating, and tone-deaf. Michael McDonald, editor and Brookings visiting fellow, moderated a discussion among co-editor John Samples, director of the Center for Representative Government at the Cato Institute, and Andrew Kohut and Scott Keeter from The Pew Research Center, who also discussed the survey.

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After his first place finish in Iowa, which was supposed to propel him to a New Hampshire victory, “change” is probably a word Barack Obama does not like as much anymore. But, his support did not really change much between these two elections. He won 38 percent of Iowa’s delegates and 36 percent of New Hampshire’s vote. It was Hillary Clinton and John McCain who were the big change candidates.

What happens when a presidential candidate that does well in a primary or caucus state, does not do so well in the next? The dynamic of the presidential election can swiftly and stunningly change, as it did in New Hampshire on Tuesday.

How Barack Obama wishes John Edwards showed up in New Hampshire.

Edwards was awarded 30 percent of Iowa’s delegates, barely denying Clinton a second place finish. He finished a distant third in New Hampshire, receiving only 17 percent of the vote. There are strong indications that a shift among his supporters helped propel Hillary Clinton to her New Hampshire victory.

According to the exit polls, Edwards did 8 percentage points worse in New Hampshire among women, while Clinton did 16 percent better. Obama’s support was virtually identical, dropping a statistically insignificant 1 percentage point.

Obama’s support among young people remained strong, if slightly increasing among 18-24 and 30-39 year olds. Clinton’s support remained strong and slightly increased among those 65 and older. Edwards won Iowa’s middle-aged voters, age 40-64, but it was Clinton who decisively won this coveted age demographic in New Hampshire. And where these people were 38 percent Iowa caucus attendees, they were 54 percent of New Hampshire voters. (To understand why their turnout increased, see my analysis of Iowa’s turnout .)

Moving forward, the generational war is still a strong dynamic in the Democratic race, as evident in the candidates’ speech styles following the election results. In Iowa, Clinton was flanked by the ghosts of the Clinton administration. In New Hampshire, she shared the stage with a sea of young voters. In Iowa, Obama spoke of change, a message that resonates with younger people who are not part of the establishment. In New Hampshire his slogan was a message that echoes the can-do spirit of the greatest generation, “Yes, we can!”

In the days between Iowa and New Hampshire, Edwards spoke about how he wanted the election to become a two-way race. One should be careful with what one wishes for. Edwards and Clinton are vying for the same support base, that when united can defeat Obama, at least in New Hampshire. In the short-term, Obama most needs Edwards to do better so that support can continue to be divided.

Among Republicans, John McCain recreated his magic of eight years ago and bounced back strong from a poor Iowa showing to win New Hampshire.

The Iowa and New Hampshire electorates are so different it is difficult to compare them. In Iowa, Evangelical Christians were 60 percent of the electorate, while in New Hampshire, they were only 23 percent. Mike Huckabee’s move from first in Iowa to third in New Hampshire can be clearly attributed to the shrinking of his base. His collapse paved the way for a new winner to emerge.

It is thus tempting to attribute McCain’s victory solely to the different electorates, but he still had to defeat Mitt Romney to win New Hampshire.

According to the exit polls, the battle between McCain and Romney is a referendum on the Bush administration. Surprisingly, McCain, who has tried to rebuild bridges with the Bush establishment since his defeat in the 2000 presidential election, is still seen as the outsider and agent of change by voters participating in the Republican nomination process.

In both Iowa and New Hampshire, McCain drew his support from those who said they are angry or dissatisfied with the Bush administration. Romney drew his support from those who said they are enthusiastic or satisfied. Not surprisingly, McCain is also drawing more support from self-described Independents and Romney from Republicans.

The candidates seem to understand this dynamic, too, as they gave their speeches following the election results. In a contrived bit of acting, Romney showed up on stage without a podium and shoved a prepared speech back into his pocket (if he had needed a podium, his advance team would have provided it). He appeared relaxed, delivering his speech in a personable style reminiscent of Huckabee, who is competing with Romney for those who support Bush. But he also seemed to be reaching out to Independents with a message of change. In stark contrast, McCain delivered a carefully written, almost sedate speech designed to reassure Republicans of his conservative credentials.

This three-way dynamic between Huckabee, McCain, and Romney should prove fascinating as the Republican nomination process moves forward. Where Evangelicals are strong, Huckabee should do well. Where they are not, the rules governing if Independents can or cannot participate will dictate how McCain and Romney do. And we have yet to see regional candidates like Fred Thompson have their day in the sun. And then there is Rudy Giuliani, who is lying in wait in the larger states where his name recognition should give him a significant boost over the other candidates. All of this points to an extended campaign among Republicans.

Michael P. McDonald is an Associate Professor at George Mason University and a Non-Resident Senior Fellow at the Brookings Institution. He studies voter turnout and is a consultant to the national exit poll organization.

Scholars from the Brookings Institution and the American Enterprise Institute are collaborating to promote transparency in redistricting. In January 2010, an advisory board of experts and representatives of good government groups was convened in order to articulate principles for transparent redistricting and to identify barriers to the public and communities who wish to create redistricting plans. This document summarizes the principles for transparency in redistricting that were identified during that meeting.

Benefits of a Transparent, Participative Redistricting Process

The drawing of electoral districts is among the most easily manipulated and least transparent systems in democratic governance. All too often, redistricting authorities maintain their monopoly by imposing high barriers to transparency and public participation. Increasing transparency and public participation can be a powerful counterbalance by providing the public with information similar to that which is typically only available to official decision makers, which can lead to different outcomes and better representation.

Increasing transparency can empower the public to shape the representation for their communities, promote public commentary and discussion about redistricting, inform legislators and redistricting authorities which district configurations their constituents and the public support, and educate the public about the electoral process.  

Fostering public participation can enable the public to identify their neighborhoods and communities, promote the creation of alternative maps, and facilitate an exploration of a wide range of representational possibilities. The existence of publicly-drawn maps can provide a measuring stick against which an official plan can be compared, and promote the creation of a “market” for plans that support political fairness and community representational goals.

Transparency Principles

All redistricting plans should include sufficient information so the public can verify, reproduce, and evaluate a plan. Transparency thus requires that:

• Redistricting plans must be available in non-proprietary formats.
• Redistricting plans must be available in a format allowing them to be easily read and analyzed with commonly-used geographic information software.
• The criteria used as a basis for creating plans and individual districts must be clearly documented.

Creating and evaluating redistricting plans and community boundaries requires access to demographic, geographic, community, and electoral data. Transparency thus requires that:

• All data necessary to create legal redistricting plans and define community boundaries must be publicly available, under a license allowing reuse of these data for non-commercial purposes.
• All data must be accompanied by clear documentation stating the original source, the chain of ownership (provenance), and all modifications made to it.

Software systems used to generate or analyze redistricting plans can be complex, impossible to reproduce, or impossible to correctly understand without documentation. Transparency thus requires that:

• Software used to automatically create or improve redistricting plans must be either open-source or provide documentation sufficient for the public to replicate the results using independent software.
• Software used to generate reports that analyze redistricting plans must be accompanied by documentation of data, methods, and procedures sufficient for the reports to be verified by the public.

Services offered to the public to create or evaluate redistricting plans and community boundaries are often opaque and subject to misinterpretation unless adequately documented. Transparency thus requires that:

• Software necessary to replicate the creation or analysis of redistricting plans and community boundaries produced by the service must be publicly available.
• The service must provide the public with the ability to make available all published redistricting plans and community boundaries in non-proprietary formats that are easily read and analyzed with commonly-used geographic information software.
• Services must provide documentation of any organizations providing significant contributions to their operation.

Promoting Public Participation

New technologies provide opportunities to broaden public participation in the redistricting process. These technologies should aim to realize the potential benefits described and be consistent with the articulated transparency principles.

Official Endorsement from Organizations – Americans for Redistricting Reform, Brennan Center for Justice at New York University, Campaign Legal Center, Center for Governmental Studies, Center for Voting and Democracy, Common Cause, Demos, and the League of Women Voters of the United States.

Attending board members – Nancy Bekavac, Director, Scientists and Engineers for America; Derek Cressman, Western Regional Director of State Operations, Common Cause; Anthony Fairfax, President, Census Channel; Representative Mike Fortner (R), Illinois General Assembly; Karin Mac Donald, Director, Statewide Database, Berkeley Law, University of California, Berkeley; Leah Rush, Executive Director, Midwest Democracy Network; Mary Wilson, President, League of Women Voters.

Editors – Micah Altman, Harvard University and the Brookings Institution; Thomas E. Mann, Brookings Institution; Michael P. McDonald, George Mason University and the Brookings Institution; Norman J. Ornstein, American Enterprise Institute.

This project is funded by a grant from the Sloan Foundation to the Brookings Institution and the American Enterprise Institute.

With little time remaining until the midterm elections, campaigning is intensifying and the outcome for control of Congress remains uncertain. Voter enthusiasm and turnout will be big factors in the elections, where Republicans have demonstrated a leg up in the party’s primaries.

On October 20, Brookings expert Michael McDonald answered your questions about what the polls and early voting are telling us about the upcoming midterm elections, in a live web chat moderated by POLITICO Assistant Editor Seung Min Kim. McDonald, with Seth McKee, is author of "Revenge of the Moderates," in today's POLITICO.

The transcript of this chat follows:

12:30 Seung Min Kim: Good afternoon, everyone! We have just under two weeks until the Nov. 2 midterm elections, and the Brookings Institution's Michael McDonald is here to answer your questions. Thanks and welcome, Michael.

12:30 [Comment From Dale Dean (Arlington): ] I was wondering from the historical record how closely early results mirror the actual results. Are there systemic distortions in early voting that are the same over many elections or do they differ with each election?

12:30 Michael McDonald: Early voting does not necessarily correspond with Election Day voting. Several data sources suggest the following: Overall, prior to 2008, more Republicans tended to vote early. In 2008, it was Democrats who voted early. We have to see 2010 will be a continuation of 2008 or a reversion to previous elections.

12:30 Michael McDonald: Another important factor is the number of early votes. For high early voting states like Oregon and Washington, essentially ALL votes will be cast early. In other states that require an excuse to vote absentee, the early voting electorate will be much smaller, and have a partisan character more similar to pre-2008.

12:31 [Comment From Katy Steinmetz: ] Are black voters going to turn out for Obama like they did in 2008? Why or why not? How big of a difference do you think this will make?

12:31 Michael McDonald: Since we started surveying, pollsters have found that midterm electorates -- compared to presidential electorates -- tend to be older, wealthier, better educated, and composed of fewer minorities. Sometimes Democrats can overcome this hurdle, as they did in 2006, of course. It would be highly unusual for African-Americans to vote at the same rate as they did in 2008. In some key races, in states with large minority populations, lowered levels of minority voting could be a critical determinant to the outcome.

12:32 [Comment From tim: ] Do the polls accurately reflect the relative turnout of Democrats, GOP and Independents?

12:33 Michael McDonald: Pollsters try as best they can. They try to forecast who is likely to vote by various methods that are not consistent across polling firms. So, this is as much as art as a science. There are a number of factors that may further affect the partisan composition of polls, such as if people are interviewed by live interviewers or automatically or whether or not cell phones are interviewed.

12:34 [Comment From Katy Steinmetz: ] When Republican pundits like Karl Rove predict gains of 60 or so seats in the House, does that help or hurt them (in terms of making Republicans complacent and driving Democrats to the polls)?

12:36 Michael McDonald: One of the big questions in this election is the relative effects of enthusiasm versus voter mobilization. Republicans are hoping the enthusiasm gap will help them to victory, while Democrats are banking on their organization to GOTV. So far as I can tell, neither side has a distinct edge yet.

12:37 [Comment From Casey (DC): ] I have a question about the margin of error. Let's say candidate A has been consistently polling a point above candidate B, with a 3% margin of error. Is the fact that A has beaten B in all recent polls statistically significant, even with a margin of error? That is, wouldn't it be misleading to claim that A and B are tied (due to the margin of error) since A has been beating B consistently in the same poll, even by just a point? If they're truly tied, wouldn't we see A beating B half the time and B beating A the other half??

12:41 Michael McDonald: To quickly review, the MoE is determined by the number of respondents to a survey, and it does not linearly decline as the number of respondents increases [it declines by a factor of 1/sqrt(# of respondents)]. Suppose you have two polls with 1,000 persons each, then. You may treat them as two polls of 2,000. So, the MoE would decline, but it may not decline as much as you might think. Further, as I describe above, different pollsters use different techniques to create likely voter screens (and many other survey issues), so the polls themselves are not entirely comparable.

12:42 Michael McDonald: As a general rule, I like averaging polls and looking at trends among the same pollster. If all the polls are moving in the same direction, I tend to believe that a trend is real and not just statistical noise.

12:43 Michael McDonald: Finally (I know a long answer!): never trust a single poll. Unfortunately, the media tend to report their poll, or a surprising poll, and disregard others.

12:43 [Comment From Jazziette Devereaux (AZ): ] Do you think that early voting can prevent voters from learning facts about candidates that are presented in the feverish last two weeks of the election?

12:44 Michael McDonald: My favorite example is a John Edwards voter who was upset in 2008 that he had cast his vote before he dropped out of the race.

12:46 Michael McDonald: Early voting has certainly changed campaign dynamics. No longer can an opponent release the October surprise the last week. Their opponent gets a chance to respond. And it makes elections more expensive since campaigns need to be active throughout the entire election period. So, there are pluses and minuses.

12:46 [Comment From Mark, Greenbelt: ] Is it your feeling that early voting favors one party over another generally, or is it all case-by-case?

12:48 Michael McDonald: Prior to 2008, more Republicans voted early. In 2010, more Democrats voted early. So, far more Democrats are voting early in 2008, so it may be that 2008 was a watershed election for early voting. Still, in a state-by-state basis, Republicans tend to do better among early voters in states that require an excuse to vote an absentee ballot (early voting rates are much lower, too!).

12:48 [Comment From Rosemarie (NH): ] How do you think negative campaigning impacts turnout?

12:50 Michael McDonald: It used to be that people thought negative campaigning decreased turnout, but since then, numerous studies have shown it increases turnout. People are apt to be interested in slowing down and watching the accident on the side of the road. The media certainly enjoy covering the most negative campaigns, too.

12:50 [Comment From Malcolm, DC: ] Do you have any stats about early voting so far, and can you draw any conclusions?

12:50 Michael McDonald: They are here. So far, over 2 million people have already voted!

12:52 [Comment From Borys Ortega: ] How do you see the Obama support base (liberals, young people, etc) in terms of enthusiasm?

12:52 Seung Min Kim: And in addition to that, it seems like the White House and Democrats are doing a lot more outreach to young voters, with the MTV/BET town halls and the large rallies at universities. Do you think that will have any effect, considering young people have a low turnout rate for midterm elections?

12:53 Michael McDonald: Since we began surveying, polls consistently show that young people, minorities, the poor and uneducated tend to vote at lower rates -- perhaps the most ironic thing about this election is that the people most affected by the economic downturn are the least likely to vote.

12:55 Michael McDonald: The Democrats need to counter the Republican enthusiasm by expanding the electorate. Their strategy is to do voter mobilization targeted at the low propensity midterm voters, like the youth. We will again have to see how effective the Democrat's mobilization will be compared to the Republican's enthusiasm.

12:55 [Comment From Rosemarie (NH): ] Has there been any correlation between the level and campaign spending (especially on advertising) and the results?

12:57 Michael McDonald: A funny statistic is that the more an incumbent spends, the worse they do. This is because they are spending to counter a threat from a viable challenger. This is why this is one of the most difficult questions to answer -- surprisingly. We do not know the marginal effect of another dollar spent because the other campaign is also spending money.

12:57 [Comment From Sally: ] There was a flap this week about Univision airing ads that seek to depress Hispanic voter turnout. How common is that practice?

12:59 Michael McDonald: Voter suppression targeted at minorities has a long and ignoble history in American politics. Generally, I think everyone should vote since democracy works best when its citizens are engaged. This particular episode may ultimately backfire since it may rile up Nevada Latinos in a campaign that has had many racial overtones.

1:00 [Comment From Drew C.: ] What's your evaluation of early vote-by-mail, vs. in-person voting? Are both being done well?

1:00 Michael McDonald: In 2008, approximately 500,000 mail ballots were rejected. These were people who thought they voted by their vote did not count.

1:02 Michael McDonald: Why does this happen? People do not follow the procedures properly -- the return the ballot in the wrong envelope, they do not sign the envelope, etc. I do like California's method of allowing voters to drop their ballots off on election day at their polling places. This allows poll workers to check that the voter followed procedures.

1:03 Michael McDonald: An advantage of in-person early voting is that these problems do not occur, and their is a chance for a voter and election administrators to fix any problems, such as a first time voter forgetting to bring mandatory ID.

1:03 [Comment From Nick, DC: ] Along the lines of what Sally was asking about, we hear a lot about voter suppression, and we also hear a lot about alleged voter fraud. Are either of them really very common? And are voting machines more subject to tampering than the old paper ballots?

1:05 Michael McDonald: Vote fraud -- someone actually intentionally casting an illegal vote -- is extremely rare. When it happens, it tend to happen among mail ballots. Although there are potentially security flaws with electronic machines, there is little evidence of tampering (of course, that may be because there is no way to check!).

1:06 [Comment From Peter G.: ] If you could make one voting reform nationwide to make the system work better, what would it be?

1:08 Michael McDonald: Universal voter registration. There is plenty of evidence that our system of requiring voters to register themselves does not work well. Just about every other advanced democracy registers their own voters. In states with Election Day registration, turnout is much higher (5 to 7 percentage points). So, not only would we increase turnout, but we would get third party organizations like the now-defunct ACORN our of the business of registering voters.

1:09 [Comment From Ben Griffiths: ] You said incumbents fare worse when they spend more. is the same true of challengers? I'm thinking this year of Sharron Angle's $14 million in Nevada. Is it even possible to spend that much in the time left?

1:10 Michael McDonald: The spending in Nevada is tremendous. Despite that likely about half the voters will have already voted by Election Day -- Nevada is a high turnout state -- I think the campaigns will continue spending to the end since the election appears to be going down to the wire.

1:11 Michael McDonald: As for your first question, there is a point where a challenger spends enough money to become viable, which triggers a response in spending from an incumbent.

1:11 [Comment From Rosemarie (NH): ] Is overall turnout higher in states that allow early voting?

1:13 Michael McDonald: I testified to the U.S. Senate that I believe the answer is yes, though the turnout effects are a modest one to two points in presidential elections. There are studies that find big turnout increases in non-presidential elections. Indeed, the very first usage of all-mail ballot elections was in local jurisdictions that needed to meet threshold turnout rates to pass local bond measures.

1:13 [Comment From Nancy: ] Which party gets the early bragging rights?

1:14 Michael McDonald: So far, Democrats have jack rabbited out of the starting line in most states where we have a clue of which party's registrants are voting early. Nevada is an interesting departure, where Democrats have a lead, but it is not as great as 2008.

1:14 [Comment From Carson P.: ] One of your Brookings colleagues - Bill Galston - has proposed the idea of mandatory voting, like they do in Australia. Could that work here? Is it a good idea?

1:15 Michael McDonald: Good luck trying to convince Americans that they will be fined if they do not vote. I do not think this is practical for the U.S., though it obviously increases turnout.

1:15 [Comment From Don: ] What are the prospects for Lisa Murkowski come election day? Do you think she has a realistic shot at beating Joe Miler?

1:16 Michael McDonald: The polls are close. I think it is anyone's game in Alaska. In fact, I wrote an op-ed with my co-author Seth McKee, which was published at Politico today.

1:16 [Comment From Greg Dworkin: ] Thanks for all your hard work on this! How 'institutionalized' do you see the early vote by the parties? are they incorporating early voting as part of GOTV or are they behind in realizing so many people vote early these days?

1:19 Michael McDonald: As I document with another co-author -- Tom Schaller -- the Democrats created a strong early voting GOTV organization in 2008, and Republicans only belatedly tried to mobilize their voters to vote early. We will have to see how well Democrats will roll over this organization to 2010. Eventually, I believe the Republicans will have to build as strong as an organization. Early voting allows a party to mobilize over a longer period of time.

1:19 [Comment From Mary H. Hager, PhD: ] Please clarify polling methodology. Who is reached; who is not. The role of technology (email, telephonic, etc.) in defining the subpopulation for polling data.

1:20 Michael McDonald: That is quite a tall order for a chat :) We discuss many of these issues on Pollster -- which now has a home in the politics section of Huffington Post (I also blog at Pollster).

1:21 [Comment From Don (Ossning, NY): ] Does Christine O'Donnell have a chance in Delaware?

1:21 Michael McDonald: No.

1:21 [Comment From Geoffrey V.: ] Over the years, I've gotten the sense that campaigns are moving faster, that there are more undecided voters and that many voters don't make up their minds until the last minute. Is that supported by the data?

1:23 Michael McDonald: Well, given the tremendous increase of early voting from 20% in 2004 to 30% in 2008, it appears that many voters are making up their minds sooner, not later. Still, in a midterm election, the rule has generally been that people tend to hold their ballots longer because they do not have as much information about the candidates. It appears that this election may break that previous pattern.

1:23 [Comment From Joan: ] Do you think compromise will come back to Congress after the midterms?

1:24 Michael McDonald: No. Historically, we still have a ways to go before we reach the highest levels of polarization in our politics observed in the late 19th century.

1:24 [Comment From Al Amundson, ND: ] It seems sometimes that pollsters are "surprised" by wins. Polling is so scientific these days, and there's so much money behind it -- how often does a real surprise actually occur?

1:25 Michael McDonald: Surprises more often occur in primary elections, where the electorate is difficult to predict and information is fluid. I do not expect we will be greatly surprised by the 2010 election outcomes.

1:25 [Comment From Rosemarie (NH): ] Do you think that even with early voting, people just want to get it over with, go in to vote and make up their minds while they read the ballot?

1:27 Michael McDonald: Want the campaigns to stop bugging you? Vote early if you can. Election officials track who has a mail ballot in hand and who has voted, and they share this information with the campaigns.

1:27 [Comment From Bert C.: ] How is Sharron Angle still holding on in Nevada even after her numerous public gaffes?

1:27 Michael McDonald: The economic crisis has hit Nevada VERY hard (and I don't often write in caps!).

1:28 [Comment From Peggy: ] What role do you think the Tea Party will play in future elections? Is this a one-off movement or something more serious in American politics?

1:30 Michael McDonald: Shameless plug: see my Politico op-ed. A conservative/populist movement is nothing new to American politics. At least in the short run, I expect the tea party to continue to be influential, especially if Republicans take the House -- I do not expect they will take the Senate as of today. Victories will further embolden the activists.

1:31 Michael McDonald: Thanks to everyone for your questions. Sorry I could not answer them all!

1:31 Seung Min Kim: And that's it for today. Thanks for all the great questions as we count down the days until Election Day. And thanks to Michael for his insightful answers!

Now that the 2010 Census is concluded, states will begin the process of reapportionment—re-drawing voting district lines to account for population shifts. Nonresident Senior Fellow Michael McDonald says redistricting has been fraught with controversy and corruption since the nation’s early days, when the first “gerrymandered” district was drawn. Two states—Arizona and California—have instituted redistricting commissions intended to insulate the process from political shenanigans, but politicians everywhere will continue to work the system to gain electoral advantage and the best chance of re-election for themselves and their parties.

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Analysis of dozens of publicly created redistricting plans shows that map-making technology can improve political representation and detect a gerrymander.  In 2012, President Obama won the vote in Ohio by three percentage points, while Republicans held a 13-to-5 majority in Ohio’s delegation to the U.S. House. After redistricting in 2013, Republicans held 12 of Ohio’s House seats while Democrats held four. As is typical in these races, few were competitive; the average margin of victory was 32 points. Is this simply a result of demography, the need to create a majority-minority district, and the constraints traditional redistricting principles impose on election lines—or did the legislature intend to create a gerrymander?

Crowd-Sourced Redistricting Maps

In the Ohio elections, we have a new source of information that opens a window into the legislature’s choice: Large numbers of publicly created redistricting plans.

During the last round of redistricting, across the country thousands of people in over a dozen states created hundreds of legal redistricting plans. Advances in information technology and the engagement of grassroots reform groups made these changes possible. To promote these efforts we created the DistrictBuilder open redistricting platform and many of these groups used this tool to create their plans.

Over the last several years, we have used the trove of information produced by public redistricting to gain insight into the politics of representation. In previous work that analyzed public redistricting in Virginia^[1], and in Florida^[2], we discovered that members of the public are capable of creating legal redistricting plans that outperform those maps created by legislatures in a number of ways.

Public redistricting in Ohio shows something new—the likely motives of the legislature. This can be seen through using information visualization methods to show the ways in which redistricting goals can be balanced (or traded-off) in Ohio , revealing the particular trade-offs made by the legislature.

The figure below, from our new research paper^[3], shows 21 plots—each of which compares legislative and publicly-created plans using a pair of scores—altogether covering seven different traditional and representational criteria. A tiny ‘A’ shows the adopted plan. The top-right corner of each mini-plot shows the best theoretically possible score. When examined by itself, the legislative plan meets a few criteria: it minimizes population deviation, creates an expected majority-minority seat, and creates a substantial majority of districts that would theoretically be competitive in an open-seat race in which the statewide vote was evenly split.

Figure 1: Pairwise Congressional Score Comparisons (Scatterplots) - Standardized Scores

In previous rounds of redistricting, empirical analysis would stop here—unless experts were called in to draw alternative plans in litigation. However, the large number of public plans now available allows us to see other options, plans the legislature could readily have created had it desired to do so. Comparison of the adopted plans and public plans reveal the weakness of the legislature’s choice. Members of the public were able to find plans that soundly beat the legislative plan on almost every pair of criteria, including competitive districts.

So why was the adopted plan chosen? Information visualization can help here, as well, but we need to add another criterion—partisan advantage:

Pareto Frontier: Standard Criteria vs. Democratic Surplus

When we visualize the number of expected Democratic seats that was likely to result from each plan, and compare this to the other score, we can see that the adopted plan is the best at something— producing Republican seats.

Was Ohio gerrymandered? Applying our proposed gerrymandering detection method, the adopted plans stands in high contrast to the public sample of plans, even if the overall competition scoring formula is slightly biased towards the Democrats, as strongly biased towards the Republicans on any measure of partisan fairness. Moreover analyzing the tradeoffs among redistricting criteria illuminate empirically demonstrates what is often suspected, but is typically impossible to demonstrate—that had the legislature desired to improve any good-government criterion—it could have done so, simply by sacrificing some partisan advantage. In light of this new body of evidence, the political intent of the legislature is clearly displayed.

However, when politics and technology mix, beware of Kranzberg’s first law: “Technology is neither good nor bad; nor is it neutral.”^[4] Indeed there is an unexpected and hopeful lesson on reform revealed by the public participation that was enabled by new technology. The public plans show that, in Ohio, it is possible to improve the expected competitiveness, and to improve compliance with traditional districting principles such as county integrity, without threatening majority-minority districts simply by reducing partisan advantage—this is a tradeoff we should gladly accept.

Policy makers at all levels, federal and state and local governments, are depositing great faith in innovation as a driver of economic growth and job creation. In the knowledge economy, universities have been called to play a central role as knowledge producers. Universities are actively seeking to accommodate those public demands and many have engaged an ongoing review of their educational programs and their research portfolios to make them more attuned to industrial needs. Technology transfer is a function that universities are seeking to make more efficient in order to better engage with the economy.

By law, universities can elect to take title to patents from federally funded research and then license them to the private sector. For years, the dominant model of technology transfer has been to market university patents with commercial promise to prospect partners in industry. Under this model, very few universities have been able to command high licensing fees while the vast majority has never won the lottery of a “blockbuster” patent. Most technology transfer offices are cost centers for their universities.

However, upon further inspection, the winners of this apparent lottery seem to be an exclusive club. Over the last decade only 37 universities have shuffled in the top 20 of the licensing revenue ranking. What is more, 5 of the top 20 were barely covering the expenses of their tech transfer offices; the rest were not even making ends meet.[i] It may seem that the blockbuster patent lottery is rigged. See more detail in my Brookings report.

That appearance is due to the fact that landing a patent of high commercial value is highly dependent on the resources available to universities. Federal research funding is a good proxy variable to measure those resources. Figure 1 below shows side by side federal funding and net operating income of tech transfer offices. If high licensing revenues are a lottery; then it is one in which only universities with the highest federal funding can participate. Commercial patents may require a critical mass of investment to build the capacity to produce breakthrough discoveries that are at the same time mature enough for the private investors to take an interest.

Figure 1. A rigged lottery?

High federal research funding is the ticket to enter the blockbuster patent lottery

Source: Author elaboration with AUTM data (2013) [ii]

But now, let’s turn onto another view of the asymmetry of resources and licensing revenues of  universities; the geographical dimension. In Figure 2 we can appreciate the degree of dispersion (or concentration) of both, federal research investment and licensing revenue, across the states. It is easy to recognize the well-funded universities on the East and West coast receiving most of federal funds, and it is easy to observe as well that it is around the same regions, albeit more scattered, that licensing revenues are high.

If policymakers are serious about fostering innovation, it is time to discuss the asymmetries of resources among universities across the nation. Licensing revenues is a poor measure of technology transfer activity, because universities engage in a number of interactions with the private sector that do not involve patent licensing contracts. However, this data hints at the larger challenge: If universities are expected to be engines of growth for their regions and if technology transfer is to be streamlined, federal support must be allocated by mechanisms that balance the needs across states. This is not to suggest that research funding should be reallocated from top universities to the rest; that would be misguided policy. But it does suggest that without reform, the engines of growth will not roar throughout the nation, only in a few places.

Figure 2. Tech Transfer Activites Depend on Resources

Bubbles based on Metropolitan Statistical Areas and propotional to size of the variable