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The rise of dark money groups was aided by the U.S. Supreme Court decisions in FEC v. Wisconsin Right to Life, Inc. (2008) and Citizens United v. FEC (2010). [4] In Citizens United, the Court ruled (by a 5–4 vote) that corporations and unions could spend unlimited amounts of money to advocate for or against political candidates. [14]
Gerken H. "The real problem with Citizens United: Campaign finance, dark money, and shadow parties" 97 Marquette Law Review (2014) 903. Hansen, Wendy L., Michael S. Rocca, and Brittany Leigh Ortiz. "The effects of Citizens United on corporate spending in the 2012 presidential election." Journal of Politics 77.2 (2015): 535–545. in JSTOR; Kang, M.
Citizens United is a conservative 501(c)(4) nonprofit organization in the United States founded in 1988. In 2010, the organization won a U.S. Supreme Court case known as Citizens United v. FEC , which struck down as unconstitutional a federal law prohibiting corporations and unions from making expenditures in connection with federal elections.
In response to the Occupy Wall Street protests and the worldwide occupy movement calling for U.S. campaign finance reform eliminating corporate influence in politics, among other reforms, Representative Ted Deutch introduced the "Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy" (OCCUPIED) constitutional amendment on November 18, 2011.
The bill would amend the Federal Election Campaign Act of 1971 to provide for greater and faster public disclosure of campaign spending and to combat the use of "dark money" in U.S. elections (which increased from $69 million in 2008 to $310 million in 2012). [5]
As of mid-September 2018, AFP has become one of just 15 groups that account for three-quarters of the anonymous cash following the 2010 Supreme Court decision Citizens United v. FEC, which paved the way for dark money to flow into U.S. elections. [36] [37] In 2023 in Wyoming, Tyler Lindholm formed the 36th state chapter of Americans for Prosperity.
While the Citizens United decision initially appeared to apply equally to state contests, [20] the Supreme Court ruled in American Tradition Partnership, Inc. v. Bullock that the Citizens United holding does so by applying it to Montana state law. [4] Because the Citizens United decision supersedes state law, [21] the states cannot bar ...
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