Disclosure
The most fundamental part of a campaign finance system is disclosure. Public disclosure of campaign activity gives voters a supplement to campaign advertising and gives them clues to candidates' positions on issues—and which groups support them. Disclosure also makes it easier for voters and watchdogs to detect exchanges of political favors for donations. Sunlight truly is the best disinfectant, as Justice Louis Brandeis famously wrote.
The Brennan Center works on the state and federal levels to ensure that candidates and other political entities are required to disclose enough information to the public to allow voters to make informed decisions about their representatives.
In the past, the Center pushed for passage of the Bipartisan Campaign Reform Act (BCRA), which, among other things, required enhanced disclosure of independent expenditures above a certain limit and those made within 20 days of an election. The Brennan Center's research also supported BCRA's provisions regulating disclosure and funding of "sham issue ads."
Now, in the wake of Citizens United, public disclosure and transparency are more important than ever. In 2010, the Brennan Center urged Congress to pass the DISCLOSE Act, which would have brought transparency into corporate and union political spending. In addition, the Center has participated in a number of federal cases and administrative proceedings to defend state disclosure laws. To date, courts have been skeptical about attempts to limit disclosure, and attempts to strike down disclosure rules have been turned back.
Center for Individual Freedom v. Natalie Tennant
The Brennan Center and other amici and its pro bono partner in defending provisions of West Virginia's disclosure law, arguing that the law is well within the mainstream among states that have adopted similar laws; laws which have been upheld repeatedly by the federal courts.
National Organization for Marriage v. Walsh
The Brennan Center joined Common Cause/NY and Citizens Union in submitting an amicus brief to the Second Circuit Court of Appeals defending New York state's election laws. The groups urged the appellate court to uphold the constitutionality of New York’s long-standing disclosure requirements for political committees, and to affirm a district court opinion dismissing the complaint and denying the motion of the National Organization for Marriage for a preliminary injunction.
Wisconsin Prosperity Network, Inc. v. Myse
The Brennan Center filed an amicus brief in Wisconsin Prosperity Network, Inc. v. Myse defending the Wisconsin GAB’s administrative judicial disclosure rule.
Colbert Highlights Super PAC Farce
Comedian Stephen Colbert exposes absurd attempt by Super PACs to circumvent campaign finance law.
Gridlock and Dysfunction on Display at FEC Oversight Hearing
Fixing the FEC will take more than a Congressional hearing. President Obama needs to appoint members who will truly enforce the nation's campaign finance laws.
Who You Gonna Call? Your Super Committee Member (on Oct. 31)
On Oct. 31, activists across the country will visit the district offices of Super Committee members to call for greater transparency.
Illustrations by Risko
Reform Groups Support Letter in Favor of President Obama’s Proposed Transparency Executive Order
Yesterday a group of 25 Representatives wrote a letter to President Obama expressing support for his draft executive order to require disclosure of campaign spending by government contractors. The Brennan Center, and five other reform groups, support this important effort and join in urging the president to sign the order promptly.
Governor Cuomo’s Bold Reform Agenda to Fix Albany
New York, NY- The Brennan Center for Justice issued the following statement today after Governor Andrew Cuomo proposed numerous ethics and election reforms - including a unitary independent ethics commission and public financing of elections -in his first State of the State speech this afternoon.
Federal Court Upholds CT Pay-to-Play Ban
Law addressed in Connecticut scandal similar to Blagojevich's in Illinois.
Comment to FCC on Disclosure Requirements for Television Broadcast Licensees
The Brennan Center for Justice submitted a comment to the Federal Communications Commision, urging it to require television broadcasters to post financial information about spending on political advertisements online.
Comment to SEC on Corporate Political Spending Disclosure Petition
The Brennan Center for Justice submitted a comment to the Securities and Exchange Commission, urging it to require public companies to disclose their direct and indirect political spending.
Proposed Rules for the Disclosure of Independent Expenditures
Mark Ladov testifies before the New York City Campaign Finance Board with recommendations for improving draft rules concerning disclosure of independent expenditures.
Congress Can Fix the Super PAC Problem
The Florida primary shows why it's time end the farce of "independent" expenditures.
Growing Backlash Against ‘Citizens United’
We can expect citizens and courts to continue to rally against the case until it ceases to be the law of the land.
Mitt Romney and Newt Gingrich’s Hypocrisy on Super PACs
Romney thinks super PACs are a ‘disaster’? What about his Restore Our Future, which is savaging Gingrich in Iowa? And Time for Newt is racing to catch up. Michael Waldman on the campaign finance double-speak.