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1 Robert Timothy Reagan, et al., Electioneering Communications 1 (2018)

handle is hein.congcourts/fjcelccm0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Electioneering Communications Hispanic Leadership Fund v. Federal Election Commission (John A. Jarvey, S.D. Iowa 4:12-cv-339) and Hispanic Leadership Fund, Inc. v. Federal Election Commission (T.S. Ellis III, E.D. Va. 1:12-cv-893) A group wishing to run a political advertisement filed a federal complaint against the Federal Election Commission in the Southern District of Iowa because the Commission's advisory to another group suggested that the Commission might not approve the plain- tiffs advertisement. Ten days after the complaint was filed, the dis- trict court dismissed the action, determining that it should have been filed in Washington, DC. Following the filing of a second complaint in the Eastern District of Virginia, the second district court decided on October 4 that three of five draft advertisements were electioneering communications subject to regulation because they referred to the presidential candidate for reelection. Subject: Campaign activities. Topics: Corporate electioneering; campaign materials; case assignment; campaign finance. The Hispanic Leadership Fund filed a federal complaint in the Southern Dis- trict of Iowa on July 30, 2012, to seek the court's blessing of proposed adver- tisements that the Fund wanted to air, including during the presidential elec- tion period beginning on August 4, expressing concern that an advisory is- sued to another group on June 13 suggested that the Federal Election Com- mission might not approve the Fund's advertisements.' With its complaint, the Fund filed a motion for preliminary and permanent injunctions.2 The court originally assigned the case to Senior Judge Harold D. Victor, but he withdrew from the case, so the court assigned it to Judge John A. Jar- vey, who, on August 2, set the case for hearing on August 8.' On August 6, the Commission moved to transfer the case to the Eastern District of Virgin- ia or the District of the District of Columbia. On the day after the hearing, Judge Jarvey dismissed the complaint for improper venue.' All of the Defendant's activities took place in ... Washington D.C. The De- fendant's activities have little or no connection with Iowa. It certainly can- not be said that a substantial part of any activities giving rise to this cause of action, let alone the Defendants activities, occurred in Iowa. The only 1. Complaint, Hispanic Leadership Fund v. Federal Election Comm'n, No. 4:12-cv-339 (S.D. Iowa July 30, 2012), D.E. 1; see Hispanic Leadership Fund, Inc. v. Fed. Election Comm'n, 897 F. Supp. 2d 407, 415, 418-20 (E.D. Va. 2012). 2. Motion, Hispanic Leadership Fund, No. 4:12-cv-339 (S.D. Iowa July 30, 2012), D.E. 2. 3. Docket Sheet, id. (July 30, 2012); see Minutes, id. (Aug. 8, 2012), D.E. 24. 4. Transfer Motion, id. (Aug. 6, 2012), D.E. 16. 5. Opinion, id. (Aug. 9, 2012), D.E. 26. Federal Judicial Center 9/22/2018 1

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