On August 6, while I was gone, the Ninth Circuit decided ACLU of Nevada v. Heller, striking down a Nevada campaign finance disclosure law. The court expressly disagreed with the Seventh Circuit’s opinion in Majors v. Abell upholding a similar Indiana statute.
This is a significant development, and indicate that not all courts will read the Supreme Court’s opinion McConnell as a green light for disclosure laws in candidate elections. Nevada might have a fair chance of getting the Supreme Court to hear the case, given the circuit split now created.