The Federal Election Commission (FEC) has issued a Notice of Availability of a rulemaking petition filed in July that seeks to exempt promotion of political films, books and other materials that refer to federal candidates from the electioneering communications rule. Comments in support or opposition to the proposal are due September 27. During August a federal court turned down Wisconsin Right to Life's (WRLC) request for an injunction that would allow it to run ads mentioning Sen. Russell Feingold (D-WI), who is running for re-election. The Petition notes "substantial uncertainty" about how the ban on broadcasts referring to federal candidates within 60 days of an election or 30 days of a primary or party convention apply to promotion of films like Fahrenheit 9/11. It proposes these ads be exempted, saying "These legal questions are precisely the kind that Congress did not anticipate and that the Commission is authorized to settle decisively by promulgation of an exception to the general rule. Legal sanctions should not loom over, much less be pursued against, the promotion of political documentary films -- however controversial …." The FEC is currently considering an advisory opinion request from Citizens United, (see AO 2004-30 ) which seeks permission to air broadcasts publicizing a book about Presidential candidate John Kerry. The same group has previously filed a complaint against advertisements for Michael Moore's film Fahrenheit 9/11. On August 6, the FEC dismissed that complaint based on stipulations from Moore and the film's distributor that it had already planned to delete references to federal candidates from advertising during the blackout period. The Wisconsin Right to Life Committee lawsuit challenged application of the electioneering communications rule to grassroots lobbying ads it wants to run this fall. The ads urge the public to contact Democratic Senators Russ Feingold and Herb Kohl to end the filibuster against President Bush's judicial nominees. Wisconsin Right to Life is a 501(c)(4) organization that has endorsed Republican candidates. The three-judge panel ruled that the Supreme Court's decision in McConnell v. FEC upheld the law and does not allow for challenges to its application in specific circumstances. The court also said the ads "May fit the very type of activity" the law was meant to prevent. WRLC said it would appeal, and has taken the ads off the air. The court noted that the ads could continue airing if WRLC used money subject to FEC fundraising restrictions and filed disclosure reports.