The Hispanic Leadership Fund, Inc. v. Federal Election Commission

Filing 43

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 10/4/2012. (rban, )

IN THE UNITED STATES DISTRICT COURT

E

I

L

OCT

E
4 2012

FOR THE EASTERN DISTRICT OF VIRGINIA1
Alexandria Division

CLERK. U.S. DISTRICT COURT
ALEXANDRIA, VIRGINIA

THE HISPANIC LEADERSHIP FUND,
INC.,
Plaintiff,
Case No. I:12cv893
v.

FEDERAL ELECTION

COMMISSION,
Defendant.
MEMORANDUM OPINION

This federal election law declaratory judgment case presents two unusual questions:
(i) Whether a plaintiff seeking a declaratory judgment that certain advertisements
to be published in the election season do not trigger the Federal Election

Campaign Act's1 ("FECA") disclosure requirements meets Article Ill's standing
and ripeness requirements where, as here, the Federal Election Commission
("FEC") deadlocked on the advertisements and then voted 6:0 that it could not
reach a conclusion on them; and,

(ii) Whether an advertisement that criticizes or targets the oil or healthcare
policies of "the Administration," "the White House," or "the Government" makes

it unambiguously apparent, by context, that the advertisement identifies a specific
federal candidate—President Obama—and thus constitutes an electioneering
communication under FECA.

For thereasons that follow, the ripeness and standing jurisdictional requirements are met

and some, but not all, of the advertisements at issue are "electioneering communications" subject
to FECA's disclosure requirements.

The Federal Election Campaign Act of 1972, Pub.L. 92-225, 86 Stat. 3 (codified as amended at
2U.S.C. §§431 etseq.)
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