Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Publication Date: March 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

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Abstract:

Current federal election law contains reporting and disclosure requirements related to campaign financing. The Supreme Court has generally upheld such provisions, although imposing disclosure requirements on spending for communications that do not meet the strict standard of "express advocacy" may be held unconstitutional.

Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements of expenditures over $10,000 for "electioneering communications," which are defined to include broadcast ads that "refer" to federal office candidates, with identification of donors of $500 or more. S. 22 (Hagel/Landrieu) would increase and expedite current disclosure requirements under FECA. H.R. 380 (Shays/Meehan) would lower the current FECA threshold for contribution reporting from $200 to $50 and impose reporting requirements for soft money disbursements by persons other than political parties. This report will discuss some of the constitutional issues relating to these and other such disclosure requirements.