Spending in Judicial Elections: State Trends in the Wake of Citizens United

Abstract

Reseña:This report was prepared at the request of the California Assembly Judiciary Committeeto explore the ways in which states have responded to Citizens United to protect theindependence of their judiciaries, and to analyze the applicability of those responses toCalifornia. The report summarizes the results of a 50 state survey of state responses andidentifies eight common proposals in state legislation, which are ranked in order from the mostexpedient and politically feasible for California to the least: (1) reporting and disclosurerequirements, (2) recusal and disqualification rules, (3) contribution limits, (4) banning foreigncontributions, (5) shareholder or board consent requirements, (6) public financing of judicialcampaigns, (7) merit selection, and (8) resolutions calling for a federal constitutional amendmentto reverse Citizens United. This report considers each of type of proposal, its benefits andlimitations, its constitutionality and feasibility, and its applicability to California. The reportconcludes with candid recommendations pertaining to each category of legislation.This report was prepared at the request of the California Assembly Judiciary Committee to explore the ways in which states have responded to Citizens United to protect the independence of their judiciaries, and to analyze the applicability of those responses to California. The report summarizes the results of a 50 state survey of state responses and identifies eight common proposals in state legislation, which are ranked in order from the most expedient and politically feasible for California to the least: (1) reporting and disclosure requirements, (2) recusal and disqualification rules, (3) contribution limits, (4) banning foreign contributions, (5) shareholder or board consent requirements, (6) public financing of judicial campaigns, (7) merit selection, and (8) resolutions calling for a federal constitutional amendment to reverse Citizens United. This report considers each of type of proposal, its benefits and limitations, its constitutionality and feasibility, and its applicability to California. The report concludes with candid recommendations pertaining to each category of legislation.