As the 2018 mid-term season approaches, viewers may be seeing fewer issue advertisements paid for by so-called “dark money” groups. In a consequential decision, a federal court in Washington, D.C. concluded yesterday that all “electioneering communications” presumptively count as political spending for purposes of determining whether a group should register as a political action committee … Continue Reading
In an important decision, U.S. District Judge Christopher Cooper today ordered the Federal Election Commission to reconsider its dismissal of a complaint filed by CREW against two tax-exempt advocacy organizations that have never registered with the FEC. CREW alleged that the two groups, American Action Network and Americans for Job Security, had as their “major … Continue Reading
A U.S. District Court judge today vacated an FEC regulation that limited the degree to which corporations and labor unions must disclose their donors when they pay for an Electioneering Communication. Van Hollen v. FEC An Electioneering Communication is a broadcast, cable or satellite communication that features a federal candidate, airs within 30 days of … Continue Reading
On Thursday, the Federal Election Commission (FEC) was unable to agree on whether Yamaha Motor Corporation, U.S.A. could sponsor a Separate Segregated Fund (a corporate “SSF” or “PAC” in common parlance) that solicited contributions from the employees of its dealers and service centers. The request resulted in an unsurprising deadlock and a surprising discussion about … Continue Reading
Twenty House Democrats yesterday introduced proposed legislation that, if enacted in its current form, would amend the Federal Election Campaign Act of 1971 to: Require corporations and labor unions which “submit[] regular, periodic reports” to their shareholders and members to include certain detailed information concerning their political spending. That information must also be reported to the … Continue Reading
As we noted earlier this week, the ball in the Van Hollen v. FEC case was in the agency’s court. There have been two developments to close out this week. First, the FEC voted during its open meeting yesterday, on a 3-3 party-line vote (audio here), not to pursue a new rulemaking to amend 11 … Continue Reading
Electioneering communications, perhaps unsurprisingly, have reemerged on the airwaves following the U.S. Court of Appeals for the D.C. Circuit’s September 18th reversal of a district court decision in Van Hollen v. FEC that required entities paying for electioneering communications to disclose all of their donors. As we’ve previously noted, in the wake of the district … Continue Reading
After a hiatus, ads that refer to federal candidates but that stop short of calling for their election or defeat may soon be returning to the airwaves. Only two business days after oral argument, a three-judge D.C. Circuit panel today unanimously reversed a lower court decision that required issue advocacy groups that paid for an … Continue Reading
On March 30, 2012, the U.S. District Court for the District of Columbia issued a decision in Van Hollen v. FEC striking down the Federal Election Commission (“FEC”) regulation that limited disclosure of donors to those who gave specifically for the purpose of funding “electioneering communications.” Electioneering communications are broadcast ads that reference a clearly identified federal … Continue Reading
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 … Continue Reading
Today, the FEC issued a formal statement on the impact of the D.C. District Court’s decision this spring in Van Hollen v. FEC. The conclusion — the disclosure regulations are to be applied as originally written, and the agency will employ common sense definitions of several terms. As a result of the court decision (which … Continue Reading
On July 13, the FEC announced a settlement with Americans for Common Sense Solutions. The group agreed to pay a penalty of $9,000 for failing to report $121,000 in electioneering commutations attacking Reps. Capps (D – Calif.) and Cicilline (D-R.I.) within 60 days of the November 2010 general election. FEC MUR 6443. The group’s defense: … Continue Reading
