Wednesday, November 6, 2013

The Morning After

Yesterday was election day!  Elections hold a special place in my heart, and I remain interested in the interplay of corporations and campaigns, especially in a post-Citizens United world.  The races, candidates, and results, however, received significantly less attention without a federal election (mid-term or general) to garner the spotlight.  The 2014 election season, which officially begins today, has several unknowns. While Citizens United facilitated unlimited independent expenditures (distinguishable from direct campaign contributions) for individuals and corporations alike, corporations remain unable to donate directly to campaigns.  Individual campaign contributions are currently capped at $2,500 per candidate/election and are subject to aggregate caps as well.  McCutcheon v. FEC, which was argued before the US Supreme Court on October 8, 2013, challenges the individual campaign contribution cap.  If McCutcheon removes individual caps, the foundation will be laid to challenge corporate campaign contribution bans as well.  See this pre-mortem on McCutcheon by Columbia University law professor Richard Briffault.  As for current corporate/campaign finance issues, the focus remains on corporate disclosures of campaign expenditures in the form of shareholder resolutions (118 have been successful) and company-initiated disclosure policies, possible SEC disclosure requirements for corporate political expenditures, and the threat of legislation augmenting corporate disclosure requirements for political expenditures (see, for example the latest bill introduced:  the Corporate Politics Transparency Act (H.R. 2214)).

As an aside, brief treatment of the questions regarding the rights of corporations to participate in elections, and the role of corporations in our democracy elicit some of the best (and most heated) student discussions in my Corporations class.  If you have the stomach for it, I highly recommend that you try it!

-Anne Tucker

Anne Tucker, Constitutional Law, Corporate Governance, Teaching | Permalink


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