Both minor and major changes have occurred in campaign finance policy since 2002, when Congress last substantially amended campaign finance law via the Bipartisan Campaign Reform Act (BCRA). More recently, the Supreme Court’s 2010 ruling in Citizens United v. Federal Election Commission and a related lower-court decision, SpeechNow.org v. Federal Election Commission, arguably represent the most fundamental changes to campaign finance law in decades. During the 111th Congress, the House responded by enacting the DISCLOSE Act (H.R. 5175; S. 3295; S. 3628). The Senate has, thus far, declined to do so.Fundraising and spending in the 2010 election cycle suggest that previously prohibited sources and amounts of funds will continue to be a factor in federal elections. Activities by independent expenditure-only political action committees (commonly called super PACs) and tax-exempt organizations that are typically not political committees (e.g., many Internal Revenue Code 501(c) and 527 organizations) may be particularly prominent.Despite these recent developments, some traditional aspects of campaign finance policy, such as disclosure requirements and most contribution limits, remain unchanged. Issues such as the presidential public financing program and the Federal Election Commission may require congressional attention regardless of more recent developments. In addition, the Supreme Court will continue examining campaign finance issues during the 112th Congress. Arizona Free Enterprise, et al. v. Bennett and McComish v. Bennett appear to be most relevant for state-level policy, but might also affect federal campaign finance law or legislation in Congress.
CRS Report: The state of campaign finance policy
These CRS Reports are always helpful in summarizing recent cases and FEC activity, especially for those who aren't experts in the area.
