D.C. Court Reverses Donor Disclosure Ruling - Talk Radio News ...

By Staff|9/18/2012 1:57 PM

From the blog of Holtzman Vogel Josefiak PLLC

The D.C. Circuit?reversed the D.C. District Court?s decision?in Van Hollen v. FEC, vacated the lower court?s summary judgment order,?and remanded the case to the District Court and FEC for further proceedings.

At issue in the litigation is the FEC?s regulation governing the disclosure of donors by electioneering communications sponsors (11 CFR 104.20(c)(9)). The District Court?s decision invalidated the FEC?s 2007 regulation that limited donor disclosure to those who contributed ?for the purpose of furthering electioneering communications.?

The District Court held that the FEC?s ?purpose? requirement was inconsistent with the statute on which it was based, and reinstated an older regulation that?required disclosure of all?contributors who contribute?more than $1,000, for any reason at all, to?an organization that sponsors?an electioneering communication.

Following the District Court?s ruling on March 31, 2012, electioneering communications virtually disappeared from the airwaves.? (We previously discussed the District Court?s decisions here andhere.)

The D.C. Circuit vacated the District Court?s summary judgment ruling in favor of Rep. Van Hollen, meaning the 2007 regulation is in effect once again pending further developments.

This firm represents Intervenor/Appellant Hispanic Leadership Fund in this litigation.

This article was published with the permission of Holtzman Vogel Josefiak

Source: http://www.talkradionews.com/news/2012/09/18/d-c-court-reverses-donor-disclosure-ruling.html

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