The Hispanic Leadership Fund, Inc. v. Federal Election Commission, No. 1:2012cv00893 - Document 43 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 10/4/2012. (rban, )
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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. ยงยง431 etseq.) 1
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