Overload: Challenges to Electioneering Communications Rules

According to BNA Money and Politics, ($$) a federal judge in North Carolina has indicated that there will not be a ruling in Koerber v. FEC until after the Nov. 4 election. The case challenges the constitutionality of disclosure requirements for electioneering communications and also challenges the Federal Election Commission's (FEC) policy regarding when a group becomes a "political committee." The FEC rules require disclosure of those paying for electioneering communications (ads referring to a federal candidate that air right before an election) and restrict funding with messages that clearly advocate for or against a candidate. The group, the Committee for Truth in Politics Inc. (CTP) bases its challenge on the Wisconsin Right to Life Supreme Court decision (WRTL II). However, as noted in an amicus brief filed by the Campaign Legal Center and Democracy 21, "CTP's challenge to disclosure has no merit. The WRTL II Court said nothing about the disclosure of electioneering communications; the Court examined only the funding restriction for such ads." A similar case was just decided by a federal district judge in West Virginia involving state electioneering communication rules similar to the FEC rules. The judge consolidated a case on behalf of West Virginians for Life (WVFL), with a similar case initiated by the Center for Individual Freedom (CFIF). Judge Johnston blocked enforcement of the state's laws regulating the financing of political ads, ruling as unconstitutionally vague the state law defining express advocacy, messages that a "reasonable person" would view as supporting or opposing a candidate. The judge ruled against the group in its request to block enforcement of a state law defining "political action committees."
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