Golden State Today

California Common Cause has released a report exploring how states can regulate independent expenditures in politics, even after the Citizens United ruling. The report identifies areas of campaign finance law that could be reformed to reduce the influence of big money on state and local elections.

Independent expenditures, unlike campaign contributions, are not subject to state or federal limits, allowing significant spending by wealthy individuals, corporate interests, and unions. This spending can grant these entities access to politicians and influence policy decisions.

The report was authored by UC Berkeley graduate student Andrew Albright for California Common Cause. It suggests that California can mitigate the effects of Citizens United by tightening coordination laws. These laws govern interactions between candidates and third-party committees that make independent expenditures supporting those candidates.

Sean McMorris, program manager at California Common Cause, stated: “Citizens United irreparably changed how elections operate, but that doesn’t mean reform is impossible. Our work demonstrates the contrary.”

To pass constitutional scrutiny, campaign finance regulations must prevent quid pro quo corruption—trading dollars for votes. According to Citizens United, independent expenditures are not corrupt as long as they remain uncoordinated with candidate campaigns. Thus, effective regulation focuses on ensuring true independence from candidates.

The report outlines four principles for effective coordination laws: covering all relevant spending types, defining coordination broadly, eliminating loopholes, and ensuring enforceability.

In line with these principles, the report recommends steps California could take to strengthen its laws against coordinated spending.

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