Delaware’s Disclosure Law Upheld

In its unanimous opinion, a three-judge panel of the U.S. Court of Appeals for the Third Circuit today affirmed the constitutionality of the Delaware Elections Disclosure Act, which was proposed and signed by Governor Markell in 2012. The act requires third-party groups and individuals to disclose their donors to the state elections commissioner if they publish advertisements or other communications that refer to a candidate in an upcoming election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.

“Delaware Strong Families,” a group that sought to distribute voter guides in the 2014 elections, challenged the law because they thought disclosure of their funders would make them weak I suppose. Actually, they said the regulations were “burdensome” and it would “chill” its right to free speech. And they got an Federal District Court judge to agree with them, hence the appeal to the Third Circuit Court of Appeals. So if Strong Families wants to hide who is funding them in 2016, they will have to go the Supremes now.

Governor Markell issued the following statement:

“Today’s decision is an important victory for transparency in Delaware elections,” said Governor Markell. “The Delaware Elections Disclosure Act closed a major loophole in Delaware’s campaign finance laws and provides better and timelier information to voters. In an era of increasing spending by outside interest groups who too often have been allowed to hide the sources of their revenues, laws like DEDA are more important than ever. Delaware voters deserve to know who is responsible for advertisements and other materials asking for them to support or oppose candidates, and the court has made a strong statement upholding the state’s right to ensure transparency for our citizens.”

Claire Snyder-Hall, program director at Common Cause Delaware, which lobbies for government transparency, and a former State Senate candidate in her own right, said in a written statement:

“This morning, transparency and accountability in our elections won the day. After Citizens United unleashed the floodgates to unlimited special interest campaign spending, Delaware adopted one of the strongest disclosure laws in the country to assure that voters would – at the very least – know where all of the money in politics is coming from. Transparency and disclosure of campaign cash helps Delaware citizens hold our elected officials accountable and make informed choices at the ballot box.”