Brennan Center Reports on Independent Political Spending at the State Level After Citizens United

Last week, the Brennan Center for Justice released a report on the impact of the U.S. Supreme Court’s decision in Citizens United v. FEC, which opened the door to unlimited spending by corporations and labor unions that are supposed to independent of a candidate’s campaign, in state and local elections.

The report, titled After Citizens United: The Story In the States, finds that “outside spending has skyrocketed,” and that each dollar spent on a state or local campaign has more influence than it would if spent on a federal campaign. And because there is typically little or no regulation at the state and local levels, a race can be dominated by a single spender who is, as a practical matter, working in collaboration with a campaign.

The group urges better enforcement, including a more aggressive approach to identifying prohibited coordination between campaigns and independent spenders at the state and local levels. Among its recommendations are a broader definitions of coordination, “cooling off” periods during which campaign staffers cannot work for outside groups, and more effective enforcement of existing laws.

The report cites California, Connecticut, Maine and Minnesota as states that have “strong regulation” regarding coordination.