Could this week bring the brief return of anonymous attack ads?  The next few days will tell.

Attack ads are frequently “electioneering communications,” television and radio ads that refer to a clearly identified candidate 30 days prior to a primary election or 60 days prior to the general election.  In the last election cycle, prior to Van Hollen v. FEC, FEC regulations generally only required disclosure of contributions that were earmarked for a particular electioneering communication.  The March 2012 Van Hollen decision for the first time required that a group airing an electioneering communication must disclose the identity of its donors who had contributed more than $1,000 to the group since January 2011. 

Generally, the Van Hollen decision demands greater disclosure.  But, a funny thing happened on the way to the general election—Governor Romney’s electioneering communications disclosure window has closed again.  Having accepted the Republican nomination for President at the Republican National Convention, Governor Romney is no longer in a primary election period.  However, the general election’s electioneering communications 60-day disclosure window does not start until September 7, 2012.  (President Obama is still in a primary election period through September 6, 2012.)

During this brief period between the close of the Republican convention and September 7th, 501(c)(4)s can run issue ads against Governor Romney (or for him) without having to disclose any donors, while still complying with the Van Hollen decision.  Will anyone do it?  We’ll see this week.

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Photo of Angelle Smith Baugh Angelle Smith Baugh

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies…

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies and individuals in high-profile congressional investigations, as well as other criminal, civil, and internal investigations. She represents clients before House and Senate Committees, as well as in criminal and civil government investigations before the Public Integrity Section of the Department of Justice, Federal Election Commission, and the Office of Congressional Ethics.

She assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. She has experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Angelle also has experience and expertise navigating federal and state ethics laws, and provides ongoing political law advice to companies, trade associations, PACs, and individuals.