New litigation: CCL v. FEC

On April 3, 2006, the Christian Civil League of Maine, Inc. (CCL) filed a complaint with the U.S. District Court for the District of Columbia asking the court to find the statutes and regulations regarding electioneering communications to be unconstitutional as applied to broadcast advertisements that CCL contends constitute “grassroots lobbying.” CCL further requests preliminary and permanent injunctions enjoining the FEC from enforcing these regulations against CCL and payment of attorneys’ fees.

CCL is a nonprofit corporation group organized under 501(c)(4) of the Internal Revenue code. It claims that it is not a qualified nonprofit corporation within the meaning of 11 CFR 114.10. CCL seeks to air a radio advertisement and other broadcast communications that are electioneering communications (EC) under the Federal Election Campaign Act (the Act). The Act prohibits corporations from distributing or financing ECs with corporate treasury funds.

CCL contends that its communications cannot constitutionally be regulated because they are “grassroots lobbying” communications. CCL believes that it is constitutionally entitled to pay for its planned advertisements with general corporate funds