Yesterday, the 4th circuit appeals court, representing Maryland, North Carolina, South Carolina, Virginia, and West Virginia, affirmed a lower court ruling that upheld an FEC ruling that required “Real Truth About Obama” reveal the names of their donors.

The FEC has required the registration and donor disclosure of PAC that are “expressly advocating” in campaign activity.  This “expressly advocating” is defined in 11 C.F.R. § 100.22 as including groups that “could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidate(s)”

As noted by electionlawblog, Crossroads GPS, Karl Rove’s superPAC registered as a 501c4, can be found to be expressly advocating and therefore the FEC can compel donor disclosure.

No word if RTAO will appeal.