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Electioneering Communications

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 27, 2023

Hispanic Leadership Fund v. Federal Election Commission (John A. Jarvey, S.D. Iowa 4:12-cv-339) and Hispanic Leadership Fund v. Federal Election Commission (T.S. Ellis III, E.D. Va. 1:12-cv-893)
A group wishing to run a political advertisement filed a federal complaint against the Federal Election Commission in the South-ern District of Iowa because the commission’s advisory to another group suggested that the commission might not approve the plaintiff’s advertisement. Ten days after the complaint was filed, the district court dismissed the action, determining that it should have been filed in Washington, D.C. Following the filing of a second complaint in the Eastern District of Virginia, the second district court decided on October 4 that three of five draft advertisements were electioneering communications subject to regulation because they referred to the presidential candidate for reelection.
Subject: Campaign activities. Topics: Corporate electioneering; campaign materials; case assignment; campaign finance.

One of many Case Studies in Emergency Election Litigation.