MONTANA: The Montana Supreme Court held the state law prohibiting independent political expenditures by a corporation related to a candidate is constitutional. Finding Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, the majority opinion of the court stated, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.” The court concluded the state, because of its history and the history of the act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.

WASHINGTON: The U.S. Court of Appeals for the 9th Circuit invalidated a Washington state law that prevented individuals from making contributions of more than $5,000 to PACs supporting ballot measures during the three weeks prior to an election. The blackout period on contributions was challenged in a lawsuit filed by Family PAC, a political action committee that was formed to oppose Washington’s domestic partnership law. While Family PAC was successful on the merits in challenging the blackout period, it was unsuccessful in its challenge to laws requiring PACs to report the name and address of anyone who contributes more than $25, and the occupation and employer of those who make contributions in excess of $100.

CALIFORNIA: The Fair Political Practices Commission approved changes to the gift regulations. The changes, which took effect on January 1, 2012, include the ability for public officials to accept gifts from lobbyists without disclosure if a dating relationship exists. Additionally, officials will be able to accept tickets to sporting events if the officials are attending the event to perform a ceremonial duty. In such circumstances, the gifts are to be reported by the agency and not the official.

ALABAMA: A federal judge ruled in favor of the Alabama Democratic Conference in their challenge of the state prohibition on PAC-to-PAC transfers of funds. The Alabama Democratic Conference alleged the law prohibited their PAC from getting money from other PACs to use for voter communication and voter turnout initiatives. Attorney General Luther Strange has appealed the judge’s ruling. While the appeal is pending, the attorney general is prohibited from enforcing the PAC-to-PAC transfer law against the Alabama Democratic Conference.

WISCONSIN: The United States Seventh Circuit Court of Appeals struck down and permanently enjoined enforcement of a Wisconsin law setting limits on contributions to groups that independently spent on political speech. The appeal was brought by the political action committee of Wisconsin Right to Life, which previously won a temporary injunction against enforcement of the law during recall elections in 2011. The court found that after Citizens United v. FEC, W.S. §11.26(4) was unconstitutional to the extent it limited contributions to committees engaged solely in independent spending for political speech.