Independence Institute v. Williams: The Tenth Circuit’s Proper Ruling of Colorado’s Disclosure Law and Increased Flexibility in State Disclosure Law

Abstract

FIRST PARAGRAPH(S)|The Citizens United v. FEC decision generated immense doubt about the future of state campaign finance regulation. Since the Citizens United v. FEC decision, opponents of campaign finance reform are becoming increasingly successful in challenging state regulations. Among campaign finance regulations, disclosure requirements have traditionally found the most support among the courts. Even though disclosure requirements were upheld in Citizens United v. FEC, they have been placed under pressure by federal district and appeals courts. Indeed, the Eighth Circuit has used Citizens United v. FEC to strike down state disclosure requirements. It does not appear, however, that these decisions are a part of a broader trend. This Article reviews Independence Institute v. Williams, where state disclosure requirements were strongly upheld by the Tenth Circuit under the review standards set in Citizens United v. FEC. The Tenth Circuit reiterated the strong support Citizens United v. FEC gave to disclosure requirements under the exacting scrutiny test, which has been a source of ambiguity in other disclosure decisions. Further, the court signaled that states have leeway in their ability to set campaign finance disclosure laws that match the cost of campaigning in their state...