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      FEC Record: Litigation
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      Van Hollen v. FEC (New)

FEC Record: Litigation*Van Hollen v. FEC* (New)June 1, 2011 On April 21, 2011, U.S. Representative Chris Van Hollen filed suitagainst the Federal Election Commissionin the U.S. District Courtfor the District of Columbia, challenginga Commission regulationthat provides for the disclosure ofdonations given to fund electioneeringcommunications. RepresentativeVan Hollen claims that 11 CFR104.20(c)(9), which requires thedisclosure of donations of $1,000or more to corporations (includingnonprofits) or labor organizationswhen the donation “was made forthe purpose of furthering electioneeringcommunications,” is arbitrary,capricious and contrary to law.  Complaint The complaint states the regulation is inconsistent with the provisionof the Bipartisan CampaignReform Act it implements because“the regulation requires corporations,including non-profit corporations,to disclose only somecontributors of $1,000 or more, i.e.,donors who have manifested a particularstate of mind or purpose.’”The complaint asserts that thechallenged regulation contravenes2 U.S.C. § 434(f)(2)(F) because thestatute requires disclosure of “allcontributors” of $1,000 or more tothe corporation or labor organizationwhen electioneering communicationsare not paid for with a segregatedbank account. Representative Van Hollen’s complaint asks the court to declare11 CFR 104.20(c)(9) arbitrary,capricious and invalid. The plaintiffrequests that the District Courtremand this matter to the FEC forfurther action consistent with such adeclaration and that the court retainjurisdiction over the matter to monitorthe FEC’s compliance. The full text of the court complaint is available at https://transition.fec.gov/law/litigation/van_hollen_van_hollen_complaint.pdf. U.S. District Court for the District of Columbia,Case 1:11-cv-00766-ABJ.
 Author
          Isaac BakerCommunications Specialist


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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