Post Citizens United: FEC Deadlock May Thwart Disclosure of Independent Advocacy Groups' Ad Financing

The LA Times reports that the six member Federal Election Commission is split 3-3 on whether independent (not formally affiliated with a candidate or party) political groups should be required to disclose who has donated more than $1000 to an “electioneering communications” fund.  The disclosure provision survived the Citizens United ruling last year and was cited by Justice Kennedy as part of what would ensure that an informed electorate could counter-act any potential for corporate-funded political ads to distort the election process. 

Independent groups, such as the Chamber of Commerce, now argue to the FEC that the disclosure rule should not apply to their donors because the donors do not give funds for the specific purpose of funding the electioneering communications.  Republican members of the FEC agree with this interpretation of the rule’s reach and note that Congress failed to pass the DISCLOSE Act, which would have explicitly required independent groups to name large donors whose funds are used to pay for political ads.      

JFB