By: Owen Ecker
In the wake of Citizens United v. FEC, Delaware took it upon itself to counteract the perceived “opening of the floodgates” ushered in by the United States Supreme Court on the issue of corporate third party political expenditures. As the state’s first major alteration in campaign finance laws for over two decades, House Bill 300, established to generate a greater amount of disclosure from third party advertisers, passed both houses of Delaware’s General Assembly by large margins (about 65 percent in the House of Representatives and 100 percent in the Senate) in 2012. Thereafter, the Governor of Delaware signed the Delaware Elections Disclosure Act (the “Act”) into law, which became effective in 2013. However, litigation ensued over the Act’s constitutionality, with one lawsuit making its way up to the Supreme Court.