District Court Urged to Reject Challenge to Disclosure Provisions
On Friday September 19th, Democracy 21 and Public Citizen joined with the Campaign Legal Center in filing an amici brief in Independence Institute v. Federal Election Commission (FEC), urging the U.S. District Court for the District of Columbia to dismiss a challenge to the federal “electioneering communications” disclosure provisions upheld by the Supreme Court as recently as the 2010 Citizens United decision.
Plaintiffs are seeking to run broadcast ads referring to Senator Mark Udall (D-CO) shortly before Election Day without disclosing its donors. The challenged law requires such disclosure when groups spend more than $10,000 on “electioneering communications”—defined as any television or radio ad that mentions the name of a federal candidate within 60 days of a general election or 30 days of a primary election. Congress enacted the “electioneering communications” disclosure law as part of the McCain-Feingold Act to curb widespread evasion of earlier disclosure requirements that applied only to “express advocacy” ads. Since then, the Supreme Court has twice upheld the “electioneering communications” disclosure requirements: first in McConnell v. FEC (2003) in a facial challenge, and again in Citizens United v. FEC (2010) in an as-applied challenge nearly identical to the current lawsuit.
