Financing Referendum Campaigns

Transcription

1 Financing Referendum Campaigns

2 Also by Karin Gilland Lutz RESEARCH METHODS IN POLITICS (co-author with Peter Burnham, Wyn Grant and Zig Layton-Henry) Also by Simon Hug ALTERING PARTY SYSTEMS: Strategic Behaviour and the Emergence of New Political Parties in Western Democracies ECONOMIC MODELS IN POLITICS AND ECONOMICS: A Dialogue (co-editor with Lars Feld) NOUVELLES VALEURS ET NOUVEAUX CLIVAGES EN SUISSE (co-editor with Pascal Sciarini) PARTIES AND PARTY SYSTEMS: A Biblio-graphic Guide to the Literature on Parties and Party Systems in Europe since 1945 (co-author with Stefano Bartolini and Daniele Caramani) POLICY-MAKING PROCESSES AND THE EUROPEAN CONSTITUTION: A Comparative Study of Member States and Accession Countries (co-editor with Thomas König) TAX EVASION, TRUST, AND STATE CAPACITIES (co-editor with Nicolas Hayoz) VOICES OF EUROPE: Citizens, Referendums and European Integration

3 Financing Referendum Campaigns Edited by Karin Gilland Lutz Center for Comparative and International Studies ETH Zürich, Switzerland and Simon Hug Professor of Political Science University of Geneva, Switzerland

4 Editorial matter, selection, introduction and conclusion Karin Gilland Lutz and Simon Hug 2010 All remaining chapters respective authors 2010 Softcover reprint of the hardcover 1st edition All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6 10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act First published 2010 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number , of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN ISBN (ebook) DOI / This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress

5 Contents List of Tables List of Figures Notes on the Contributors Preface vii viii ix xiii 1 Introduction 1 Karin Gilland Lutz and Simon Hug 2 Campaign Spending and Ballot Measures 9 Thomas Stratmann 3 Regulating Campaign Finance in Canadian Referendums and Initiatives 23 Richard Johnston 4 US States 39 Daniel A. Smith 5 Campaign Financing in Danish Referendums 62 Sara Binzer Hobolt 6 Financing Referendums and Initiatives in the Baltic States 81 Daunis Auers, Jüri Ruus and Algis Krupavicius 7 The Financing of Referendum Campaigns in France 107 Francis Hamon 8 Referendums and Spending in Ireland 116 Karin Gilland Lutz 9 Financing Referendum Campaigns in Italy: How Abrogative Referendum Can Regulate Electoral Financing 131 Roland Ricci v

6 vi Contents 10 Financing Referendum Campaigns in Spain 145 Carlos Closa Montero and Flavia Carbonell Bellolio 11 Referendum Campaign Regulations in Switzerland 165 Uwe Serdült 12 Sledgehammers and Nuts? Regulating Referendums in the UK 180 Navraj Singh Ghaleigh 13 Referendum Campaign Regulations in Europe and Latin America 201 Tobias Zellweger, Uwe Serdült and Irène Renfer 14 Conclusion 229 Karin Gilland Lutz and Simon Hug Index 234

7 List of Tables 2.1 Expenditures and ballot proposition outcomes The frequency of referendums Breadth of interests Impact of balance of interests Adoption of the initiative in the American states Sources of Danish party funding, Expenditure on campaigns and EU information in Danish referendums, Referendums in Estonia since Referendums in Latvia since Referendums in Lithuania since State expenditures in 2003 EU Referendum campaign Campaigning expenditures in Lithuania, Referendums in Ireland, Regional referendums under the Second Spanish Republic Results of national referendums in Spain Subsidies in function of either votes or seats for the 2005 Referendum (2004 election results) UK referendums at the national or regional level, to Spending by permitted participants in the NE Referendum Donations to North East Says No Donations to Yes4theNorthEast Expenditure by Answer Expenditure by type Number of referendum texts voted on in 32 European states and in 9 Latin American states, January 1995 to April Number of polls conducted in 32 European states and in 9 Latin American states, January 1995 to April vii

8 List of Figures 4.1 Historical statewide initiative use, year of adoption through Vote intentions during the 1992 Maastricht Referendum campaign Campaign spending and media visibility in Campaign spending and media coverage in Share of rejected and accepted referendums as well as citizen s initiative per decade 168 viii

9 Notes on the Contributors Daunis Auers defended his doctoral dissertation at the School of Slavonic and East European Studies at University College London and is currently Assistant Professor of Comparative Politics at the Department of Political Science, University of Latvia. He was a Fulbright Scholar at the University of California-Berkeley in the academic year. His most recent published research has focused on political parties and movements in the Baltic States, particularly extreme right movements ( Explaining the Electoral Failure of Extreme Right Parties in Estonia and Latvia (with Andres Kasekamp), Journal of Contemporary European Studies, 2009) and Green parties ( Green, Black, and Brown: Uncovering Latvia s Environmental Economics (with David Galbreath), Journal of Baltic Studies, 2009). Flavia Carbonell Bellolio is Lecturer and Researcher at the Faculty of Law of University Alberto Hurtado (Santiago, Chile). She is currently finishing her PhD at University Carlos III, Madrid. Her main research interests are legal argumentation and interpretation, particularly applied to constitutional courts and to the European Court of Justice, a field in which she has published several articles and made a number of contributions in edited books. Navraj Singh Ghaleigh has been Lecturer in Public Law at Edinburgh since Previously a barrister in London and Lecturer at King s London, he undertook his graduate work at the University of Cambridge, the European University Institute (Florence) and the University of California, Berkeley (where he was a Fulbright Scholar). Navraj s electoral law research (and teaching) focusses on party and election funding, direct democracy and the implications of new technologies for the electoral process. His work has been widely cited and reviewed in scholarly publications, the quality press, including the Times Literary Supplement and the Financial Times, and parliamentary reports. He has also advised various regulatory agencies, foreign governments and international organizations on issues in party funding law. Karin Gilland Lutz holds a PhD in political science from Trinity College, Dublin. Her current affiliation is with the Center for Comparative and International Studies, University of Zurich/ETH Zurich. Her ix

10 x Notes on the Contributors major research interest in recent times has been the policy effects of referendums. Francis Hamon is a Professor Emeritus of Public Law and Political Science at the Paris Eleventh University. He is the co-author of a well-known manual on constitutional law. He has also published a book on the referendum from a comparative point of view, as well as many articles on that subject. Sara Binzer Hobolt is Lecturer in Comparative European Politics at the University of Oxford and a Fellow of Lincoln College, Oxford. She has published widely on direct democracy, voting behaviour and political parties in international scientific journals, such as the British Journal of Political Science, Comparative Political Studies, Electoral Studies, the European Journal of Political Research, European Union Politics and Political Studies. She is the author of the book Europe in Question: Referendums on European Integration (2009). Simon Hug teaches Political Science at the University of Geneva. His research focuses on the effect of institutions on policy outcomes. His publications on referendums have appeared or are forthcoming in the European Journal of Political Research, Comparative Political Studies, Constitutional Political Economy, European Union Politics, International Organization, the Journal of Theoretical Politics, Quality & Quantity, the Review of International Organizations and in the volume Voices of Europe (2002). Richard Johnston holds the Canada Research Chair in Elections, Public Opinion, and Representation and is Director of the Centre for the Study of Democratic Institutions at the University of British Columbia. He is author or co-author of five books and of over 60 journal articles and book chapters and is co-editor of three books. He was Principal Investigator of the 1988 and Canadian Election Studies and Research Director for the 2008 National Annenberg Election Survey at the University of Pennsylvania. Algis Krupavicius is Professor and Director of Policy and Public Administration Institute, Kaunas University of Technology. His main research areas are the following: comparative politics, political parties and electoral studies, and quantitative and qualitative methods in social sciences. Among his most recent publications is a book he has co-edited, Civil Service in Lithuania: Past and Present (2007), and a number of book chapters, including The End of Communism and the New Party System, in Jean Blondel et al., Governing New European Democracies (2007),

11 Notes on the Contributors xi Semi-presidentialism in Lithuania: Origins, Development and Challenges, in Elgie and Moestrup (eds), Semi-presidentialism in Central and Eastern Europe (2008), La Lituanie in De Waele and Magnette (eds), Les democraties européennes: Approche comparee des systemes politiques nationaux (2008). Irène Renfer is a former assistant of the Centre for Research on Direct Democracy (c2d). She s now assistant of the Constitutional Law Department of the University of Geneva where she is completing her doctoral thesis on direct democracy in Latin America. Roland Ricci is Professor of Public Law at the University Paris 13. He also teaches at the Paris 8 University (Vincennes- Saint Denis) in the Masters programme Contemporary Systems of Law and Cultural Diversities. He performs his research in the areas of the theory of law, comparative law, constitutional and administrative law at the Paris 8 research centre: Forces of Law: Paradoxes, Comparisons, Experimentations. Jüri Ruus is Senior Researcher (PhD) at the International and Social Research Institute, Tallinn University, Estonia. His main research interests are in the areas of democratization, regime transitions and political elites. His publications include Democracy and Change of Regime Continuity of Elites? The Case of Estonia, in East European Politics and Societies; and The Resurgence of Professionalism: Estonian Elites between Continuity and Change, in Sten Berglund and Kjetil Duvold (eds), Baltic Democracy at the Crossroads: An Elite Perspective (2003). Uwe Serdült is currently vice-director of the Centre for Research on Direct Democracy (c2d) at the newly established Zentrum für Demokratie Aarau (ZDA) and lecturer for the Master of Arts in Comparative and International Studies, offered jointly by the university and the ETH Zurich. His research interests include direct and electronic democracy, decisionmaking processes and structures, institutional change and comparative public policy. Daniel A. Smith is Associate Professor of Political Science and Interim Director of the Political Campaigning Program at the University of Florida. He has published extensively on the process and politics of direct democracy in the American states. He is the (co)author of several books, including Tax Crusaders and the Politics of Direct Democracy (1998), Educated by Initiative (2004) and State and Local Politics: Institutions and Reform (2008). Thomas Stratmann is Professor of Economics at George Mason University, and resident scholar at the Center for the Study of Public Choice. He

12 xii Notes on the Contributors has worked extensively on campaign finance issues, including an analysis of impact of campaign contributions on congressional decisions, the impact of campaign spending on election campaigns and referendums, campaign finance reform, legislative politics, and interest groups. His research as been published in the leading economics and political science journals. Tobias Zellweger is a former assistant of the Centre for Research on Direct Democracy (c2d) and of the Constitutional Law Department of the University of Geneva. His doctoral thesis on transborder cooperation has been published in Zellweger is currently working for a Genevabased law firm with a strong interest in public law.

13 Preface This aim of this book is to bring together both country experts and scholars interested in the role of money in referendum campaigns from either a theoretical or an empirical perspective. As is suggested by the chapters in this volume, understanding the spending regulations of referendum campaigns is an important but largely neglected topic in the comparative literature. Hence, this volume offers an initial systematic overview of such regulations in countries where referendums are staged with some degree of regularity. In the process that has generated this volume we incurred a number of substantial debts. First, none of this would have been possible without the generous support of the Swiss National Science Foundation, the Center for Comparative and International Studies (CIS) and the Institute for Political Science at the University of Zurich, the Schweizerische Akademie der Geistes und Sozialwissenschaften (SAGW), the Vereinigung akademischer Mittelbau der Universität Zürich (VAUZ) and the Zürcher Universitätsverein through its Hochschulstiftung. We also benefited from the support of the Centre for Research on Direct Democracy (c2d), especially its vice-director Uwe Serdült. We are also heavily indebted to Amy Lankester-Owen and Gemma d Arcy Hughes at Palgrave Macmillan, who helped us bring this project to fruition. Finally, Joanne Richards deserves our gratitude for putting the final touches to the manuscript. KARIN GILLAND LUTZ SIMON HUG xiii