Disclosure in court in Minnesota
Earlier this summer, Minnesota passed a campaign finance disclosure bill in response to the Citizens United decision, augmenting Minnesota’s election law that already provides for a complete ban on direct contributions by corporations to political candidates. These critical aspects of Minnesota’s campaign finance system are being challenged by the same law firm that brought forward the Citizens United lawsuit.
The suit was filed in federal court by the Minnesota Taxpayers League, Minnesota Citizens Concerned for Life, Inc. and Coastal Travel Enterprises, LLC. Not only are these corporations challenging the new legislation, they are attempting to get rid of Minnesota’s ban on corporate contributions to candidates. This ban has existed for over 20 years in Minnesota and is based on the federal ban that has existed since 1947. The lawsuit is also attempting to strike down Minnesota’s new disclosure requirements that were enacted unanimously by the legislature and signed by the governor.
The plaintiffs appear to be on shaky ground. The U.S. Supreme Court, in the Citizens United case, said that, “[D]isclosure requirements may burden the ability to speak, but they . . . do not prevent anyone from speaking.” The court goes onto say, “The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.”
