Friday, January 22, 2016

Van Hollen v. FEC Overturned Reopening Massive Disclosure Loophole for 2016 Cycle


On Jan. 21, 2016, in Van Hollen v. FEC, the Court of Appeals for the D.C. Circuit once again upheld an FEC rule that severely limits Federal disclosure requirements connected to “electioneering communications.”

The Appellate panel overturned a District court decision holding the rule “arbitrary, capricious, and contrary to law” for improperly narrowing the scope of the McCain-Feingold law’s disclosure requirements and allowing nonprofit 501(c)(4) advocacy groups, 501(c)(6) business associations, and others to spend millions on “electioneering communications” without disclosing their donors.

The opinion is pretty hostile to reform by a panel draw at the DC Circuit.

CLICK HERE to read the 28 page (PDF) decision.











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