Issue Advocacy Ads - Disclosure Requirements

Disclosure Requirements

In 2010 the Citizens United case "expressly rejected the contention that election-law disclosure requirements are limited to express advocacy or its functional equivalent." Therefore, while Citizens United and a subsequent case effected certain spending limitations, it did not permit those making that spending from evading disclosure requirements by claiming they were only performing issue advocacy.

Also in 2010 in a case known as Doe v. Reed, the U.S. Supreme Court rejected an appeal to keep signatures upon a referendum from voters based upon a claim it violate the First Amendment to the United States Constitution.

Lower courts are already applying these new standards to uphold a gamut of state disclosure laws ranging from ballot measures to candidate elections, and from express advocacy to issue advocacy.