Alaska and Colorado have joined a growing list of states passing legislation to comply with the Supreme Court's Citizens United ruling, which loosened spending restrictions on corporations, associations and unions in federal elections.
A bill recently signed by Colorado Gov. Bill Ritter - S.B. 203 - requires corporations and labor unions to meet new campaign finance disclosure requirements and to report to the state any independent expenditures exceeding $1,000 that are used to support or oppose a candidate or an election issue.
Another signed by Alaska Gov. Sean Parnell - S.B. 284 - requires corporations and unions to disclose their independent campaign expenditures to the Alaska Public Offices Commission. Corporations and unions must also identify themselves, and their major contributors, in any advertisements conducted as part of such independent campaigns.
The Citizens United ruling affected a voter-approved Colorado law known as Amendment 27, which banned independent campaign expenditures by corporations and labor unions and defined "independent expenditures" as those not controlled by or coordinated with a candidate or a candidate's agent. The Colorado Supreme Court concluded that, given the Citizens United ruling, the ban was unconstitutional.
As a result, that state's new bill requires people and organizations making independent expenditures greater than $1,000 to register with the secretary of state as "independent expenditure committees." It also requires election ads and communications to include disclaimers noting the identity of those who bought the ad. Communications and campaign ads are subject to the requirement if they were paid for with independent expenditures greater than $1,000.
As for Alaska, independent campaign expenditures by corporations and unions had been illegal in the state, so there were no rules to govern disclosure of spending to regulators or the public.
Iowa was one of the first states in the nation to respond to the ruling. Gov. Chet Culver signed a bill requiring corporations to get an affirmative board vote before running ads for or against a candidate or issue. The ad must also contain information on who paid for it, the name and address of the corporation and the name of the chief executive officer. Expenditures over $750 must be filed with the Iowa Ethics and Campaign Disclosure Board within 48 hours of the time the cost is incurred, and violations are considered serious misdemeanors.
Democrats are trying to move a bill through Congress that they say would reveal how corporations, associations and unions spend money to influence federal elections. Their DISCLOSE Act, or Democracy is Strengthened by Casting Light on Spending in Elections Act, is designed to reveal when corporations and unions spend money to influence federal elections, even if the money is funneled through third parties, such as trade associations or nonprofit groups.
