[EL] State campaign practices post-CU

[Doug Spencer]

Several state legislatures promptly repealed their state bans on
corporate/union IEs in the wake of the Citizens United decision. Several
others did not, including Michigan whose state law was at the heart of the
constitutional debate in CU. The Michigan Secretary of State has since made
it clear <http://www.michigan.gov/sos/0,1607,7-127-48294-230881--F,00.html>that
the state's campaign rules were affected by CU but I am curious what
the immediate response was. Does anybody know how the ripples of Citizens
United affected the 2010 gubernatorial race in Michigan? Was it clear to
corporations that §54(1) of the Michigan Campaign Finance Act was not
enforceable? Was there confusion?

I would also be curious to hear about practices in other states. A formal
legislative repeal is certainly not necessary for a rule change, but I am
curious to what extent there was confusion about CU's effect on state laws
and how that played out during the 2010 election. I presume there is more
clarity among states now, though I do not know.

Offline responses are also welcome.

Thanks,
Doug

----
Douglas M. Spencer
Jurisprudence and Social Policy Ph.D. Program
University of California, Berkeley, School of Law
Phone: (415) 335-9698
E-mail: dspencer at berkeley.edu
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