Disclosure

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Enhanced Disclosure as a Response to Increasing Out-of-State Spending in State and Local Elections

By Tyler Roberts

Over the past several years, states and localities have experienced increasing amounts of election spending flowing in from out of state. A number of states passed statutes limiting the amount candidates may accept from out-of-state donors, but most of these statutes have been struck down by lower courts. The Supreme Court’s steady emphasis on the value of political speech — regardless of the source — makes it doubtful that the Court will overturn these decisions and permit states to limit contributions from out of state. This Note suggests that states enact disclosure requirements that require aggregate disclosure from out-of-state groups at the time of advertising. These disclosure requirements are likely constitutional and are also effective at informing voters about the sources of political speech.

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