This document is going to keep the campaign finance bar busy for a while. Pay close attention to the discussion of the Bill Yellowtail issue at pages 41-42 (pdf 42-43.) This conclusion is key: “although a past vote ‘against child support enforcement’ is mentioned, the ad does not focus on any public policy issue.” I think that is a very questionable conclusion, one that is at odds with what seven members of the Supreme Court said about the Yellowtail ad. If this stands, don’t be surprised to see someone either challenge this in court, or run a Bill Yellowtail type ad, get challenged by the FEC, and move to court to argue that this aspect of the “totality of the circumstances” test that the FEC will engage in is inconsistent with WRTL. (I discuss the issues surrounding Yellowtail-type ads here.)