Election Ethics: Fair Play & Due Process
Thursday, February 25, 201612:00 PM - 1:30 PM (Pacific)
Abstract:
Electoral competition, like athletic competition, requires its own norms of fair play. While the rules of the game, and the institutional umpire to enforce those rules, are important components for achieving the goal that the competition be fair, they do not suffice. The participants themselves must have their own standards of fair play apart from the rules and the referee. This need is particularly acute with respect to negative campaign ads, since the First Amendment bars the government from umpiring the fairness of those ads. But the same problem applies to other aspects of electoral competition, including compliance with campaign finance rules. What are these norms of fair electoral competition? Are they only intuitive, or can they be systematized? More specifically, insofar as incumbent candidates are officeholders, does due process constrain the use of their power to attain an unfair advantage in their race for reelection?
Speaker Bio: