IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA

CENTRAL DIVISION

____________________________________

)

The Hispanic Leadership Fund, Inc., )

) Civil Case No. 4:12-cv-00339-JAJ-TJS

Plaintiff, )

)

v. ) POST HEARING REPLY

)

Federal Election Commission, )

)

Defendant. )

____________________________________)

At oral argument today, the Court asked Counsel for Plaintiff The Hispanic Leadership 

Fund, Inc. (“HLF) for information about the actions of the Defendants at issue in accordance 

with Woodke v. Dahm, 70 F.3d 983 (8th Cir. 1995). Plaintiffs wish to submit this additional 

authority to the Court about the actions of the Defendant that are relevant, and why HLF faces

fear of prosecution by the Defendants in the Southern District of Iowa if it airs its planned 

advertising in Des Moines, Iowa. In analyzing standing to sue the Federal Election Commission, 

another court found:

The VSHL notes that the FEC is empowered to "institute a civil 

action ... in the district court of the United States for the district in 

which the person against whom such action is brought is found, 

resides, or transacts business." 2 U.S.C. § 437g(a)(6)(A) 

(emphasis added). As observed by the VSHL, the FEC has chosen 

to bring enforcement actions in the districts where potential 

violators have transacted business on numerous occasions, rather 

than in the districts where those parties were found or resided. 

(Pl.'s Resp. § II(A).). The VSHL therefore reasonably fears 

prosecution by the FEC in the District of Columbia, both for its 

radio advertisements and for any advertising collaborations 

between the VSHL and D.C.-based organizations, such as the 

National Right to Life Committee. (Id.). While the FEC argues that 

any fear of prosecution in the District of Columbia is too 

Case 4:12-cv-00339-JAJ-TJS Document 23 Filed 08/08/12 Page 1 of 4
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speculative to be "imminent," this fear appears to be perfectly 

reasonable.

Virginia Society for Human Life v. Federal Election Commission, 83 F.Supp 2d. 668, 

673-674 (E.D. Va. 2000). Additionally, in the decision substantially affirming the lower court 

opinion there, the United States Court of Appeals for the Fourth Circuit noted:

The FEC has in the past prosecuted groups in the judicial districts 

where they distributed advertising materials, as opposed to the 

states where they are chartered or headquartered. See, e.g., FEC v. 

Pub. Citizen, Inc., 64 F. Supp. 2d 1327 (N.D. Ga. 1999) (D.C. 

organization prosecuted in Georgia for "Boot Newt" television 

advertisement that aired in Atlanta and for distribution of postcards 

to Georgia voters); FEC v. Nat'l Conservative Political Action 

Comm., 647 F. Supp. 987 (S.D.N.Y. 1986) (D.C. organization 

prosecuted in New York for activities related to campaign to defeat 

Senator Daniel Patrick Moynihan).

Va. Society for Human Life, Inc. v. Federal Election Commission, 263 F.3d 379 (4th Cir. 

2001). 

These two cases, and the cases noted therein, leave Plaintiff with a reasonable fear of 

prosecution by the Defendant in the Southern District of Iowa if it proceeds with its planned 

activity under its belief that the advertisements it proposes are in fact not electioneering 

communications. 

Dated: August 8, 2012 By: /S/Jason Torchinsky

Matt Dummermuth (AT0002215)

mdummermuth@whgllp.com

WHITAKER HAGENOW & GUSTOFF, LLP

305 Second Avenue SE, Suite 202

Cedar Rapids, IA 52401

Phone: 319-730-7702

Fax: 319-730-7575

Jason Torchinsky (Lead Counsel)

Case 4:12-cv-00339-JAJ-TJS Document 23 Filed 08/08/12 Page 2 of 4
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jtorchinsky@hvjlaw.com

Shawn Sheehy

ssheehy@hvjlaw.com

Lisa Dixon

ldixon@hvjlaw.com

HOLTZMAN VOGEL JOSEFIAK PLLC

45 North Hill Drive, Suite 100

Warrenton, VA 20186

Phone: 540-341-8808

Fax: 540-341-8809

Counsel for The Hispanic Leadership Fund, Inc.

Case 4:12-cv-00339-JAJ-TJS Document 23 Filed 08/08/12 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on August 8-9, 2012, I sent copies of the foregoing Post Hearing 

Reply by electronic service and U.S. first class mail on the following parties:

VIA ELECTRONIC SERVICE

Federal Election Commission

999 E Street, NW

Washington, DC 20463

And

VIA U.S. FIRST CLASS MAIL

Nicholas A. Klinefeldt

U.S. Attorney for the Southern District of Iowa

U.S. Courthouse Annex

110 East Court Avenue, Suite # 286

Des Moines, Iowa 50309-2053

/s/ Jason Torchinsky

JASON TORCHINSKY

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