U.S. Supreme Court Ruling in Citizens United v. Federal Election Commission
On April 21, 2010, the Texas Ethics Commission issued Ethics Advisory Opinion No. 489 relating to Citizens United v. Federal Election Commission.
On August 12, 2010, the Texas Ethics Commission adopted Rule 22.6 relating to the disclosure of direct campaign expenditures.
As we have stated in advisory opinions, we believe the Texas Legislature intended laws under our jurisdiction to prohibit political expenditures by corporations to the full extent allowed by the Constitution, as interpreted by the United States Supreme Court. In light of the recently issued United States Supreme Court ruling in Citizens United v. Federal Election Commission, it is our position that corporations are allowed to make all types of direct campaign expenditures (as defined by Section 251.001(8) of the Election Code and Section 20.1(5) of the Texas Ethics Commission Rules and referred to in Citizens United as independent expenditures) regulated by Title 15 of the Election Code. It is also our position that corporations are still prohibited from making political contributions unless specifically allowed by Title 15 of the Election Code.