In Van Hollen v. FEC, the Court of Appeals for the D.C. Circuit once again upheld an FEC rule that severely limits federal disclosure requirements connected to “electioneering communications.” The appellate panel overturned a district court decision holding the rule “arbitrary, capricious, and contrary to law” for improperly narrowing the scope of the McCain-Feingold law’s disclosure requirements and allowing nonprofit 501(c)(4) advocacy groups, 501(c)(6) business associations, and others to spend millions on “electioneering communications” without disclosing their donors.

The application for stay presented to Justice Kennedy and by him referred to the Court is granted, and the Montana Supreme Court’s December 30, 2011, decision in case No. DA 11-0081, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. 

This appeal is limited to facial challenges to the constitutionality of various Election Code provisions.  “A party seeking to invalidate a statute ‘on its face’ bears a heavy burden of showing that the statute is unconstitutional in all of its applications.” Facing cross-motions for summary judgment, the trial court ruled against appellants King Street Patriots (KSP), Catherine Engelbrecht, Bryan Engelbrecht, and Diane Josephs, the parties facially challenging the constitutionality of the Election Code provisions. The trial court concluded that it did not have jurisdiction to consider some of appellants’ constitutional challenges and, as to the remaining challenges, the trial court upheld the constitutionality of the Election Code provisions at issue. For the reasons that follow, we affirm the trial court’s judgment.

Opinion for the Court filed by Chief Judge Garland. Plaintiffs' challenge is rejected. Statute against all of the plaintiffs’ constitutional challenges are upheld.

District Court of Minnesota Memorandum Opinion and Order. The Court denies Plaintiffs‟ Motion for Preliminary Injunction. Because the Court considered only Plaintiffs' Motion for Preliminary Injunction and denied Plaintiffs' Motion to Consolidate, the Court directs the parties to contact the Chambers of Magistrate Judge Janie S. Mayeron to proceed with a Rule 16 scheduling conference. 

In this action, Plaintiffs challenge several Minnesota statutes that relate to campaign finance and disclosure. Plaintiffs allege that the challenged statutes— CASE 0:10-cv-02938-DWF-JSM Document 102 Filed 10/12/12 Page 1 of 8 2 Minnesota Statute § 10A.12, subds. 1 and 1a, § 10A.01, subd. 18, § 10A.27, subd. 13, and § 211B.15, subds. 2, 3, and 4—are unconstitutional because they violate both the First and Fourteenth Amendments to the United States Constitution. Plaintiffs seek both a declaratory judgment that the challenged statutes are unconstitutional and an injunction enjoining enforcement of the challenged statutes. In a Memorandum Opinion and Order dated September 20, 2010 (the “September 2010 Order”), this Court denied Plaintiffs’ Motion for Preliminary Injunction. (Doc. No. 59.) In the September 2010 Order, the Court concluded that Plaintiffs failed to establish a likelihood of success on all counts and that the remaining Dataphase factors would likely weigh in Defendants’ favor. 

Opinion made by Eighth Circuit Court of Appeals Judge Melloy. The district court denied the motion, and Minnesota Citizens appealed this denial. The Eighth Circuit Court affirms.

En Banc for the Eighth Circuit Court of Appeals.

Decision and order granting in part and denying in part Plaintiffs’second Motion for Preliminary Injunction and temporary restraining order.