Campaign Legal Center v. FEC (20-0809 / 22-5164, 22-5165)

On April 21, 2022, the United States District Court for the District of Columbia (the court) found that the Commission failed to comply with the court’s order to act on an administrative complaint filed by Campaign Legal Center (the plaintiff). As a result, the plaintiff may file suit to enforce the Federal Election Campaign Act (the Act) against the alleged violator.

Background

On March 24, 2020, the plaintiff filed suit alleging that the Commission had failed to act on its August 21, 2018, administrative complaint against 45Committee, Inc. On November 8, 2021, the court found that the Commission’s failure to act on the plaintiff’s administrative complaint was contrary to law and ordered the Commission to act on the complaint within 30 days. The plaintiff filed a motion on December 9, 2021, seeking an order declaring that the Commission had failed to comply with the court’s order. On January 4, 2022, the court granted leave for 45Committee, Inc., to file an amicus brief.

Analysis

45Committee, Inc. argued in its amicus brief that documents obtained from the Commission through a Freedom of Information Act (FOIA) request show that the Commission “reviewed, considered, and took action” on the administrative complaint nearly two years ago. However, the court found that the documents provide no such evidence. The court determined that the Commission did not comply with its November 8, 2021, order within the time specified, and granted the plaintiff’s motion. Under the Act, complainants may file suit to enforce the Act when the court declares that the Commission’s dismissal or failure to act on an administrative complaint is contrary to law and the Commission fails to correct the illegality. As a result, the court ordered that the plaintiff may bring a civil action to enforce the Act against 45Committee, Inc.

Source: FEC Record — April 2022; November 2021; April 2020

Appeals Court (DC Circuit) (22-5164, 22-5165)

Court decisions:

• Per Curiam Order (09/14/2022)

Related documents:

• Appellant 45Committee, Inc.’s Response in Opposition to Plaintiff-Appellee Campaign Legal Center’s Motion for Summary Affirmance and Dismissal (07/29/2022)
• Reply in Support of Appellant's Opposed Motion to Hold Appeals in Abeyance (07/28/2022)
• Plaintiff-Appellee Campaign Legal Center's Motion for Summary Affirmance and Dismissal for Lack of Appellate Jurisdiction (07/25/2022)
• Plaintiff-Appellee Campaign Legal Center’s Response in Opposition to Motion to Hold Appeals in Abeyance (07/21/2022)
• Opposed Motion to Hold Appeals in Abeyance (07/11/2022)

District Court (DC) (20-0809)

Court decisions:

• Memorandum Opinion and Order (05/13/2022)
• Order (04/21/2022)
• Order (11/09/2021)
• Memorandum Opinion (11/09/2021)
• Entry of Default (05/28/2020)

Related documents:

• Corrected Reply in Support of Expedited Motion of 45Committee, Inc. to Intervene for the Purpose of Appeal (05/12/2022)
• Expedited Motion for 45 Committee, Inc. to Intervene for the Purpose of Appeal (04/28/2022)
• Memorandum of Points and Authorities in Support of the Expedited Motion for 45 Committee, Inc. to Intervene for the Purpose of Appeal (04/28/2022)
• Amicus Curiae Brief of 45Committee, Inc. Suggesting Mootness In Light of Newly Discovered Material Information Obtained from the FEC and in Opposition to Plaintiff’s Motion for Order Declaring Defendant has Failed to Conform (01/24/2022)
• Plaintiff Campaign Legal Center's Opposition to 45Committee, Inc.'s Motion for Leave to File Amicus Curiae Brief (01/21/2022)
• Institute for Free Speech Amicus Curiae Brief (08/24/2021)
• Institute for Free Speech's Motion for Leave to File Amicus Curiae Brief (08/16/2021)
• Plaintiff's Renewed Motion for Default Judgment against Defendant FEC (05/05/2021)
• Plaintiff's Motion for Default Judgment against Defendant FEC (06/01/2020)
• Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Neither Party (05/22/2020)
• Complaint for Declaratory and Injunctive Relief (03/24/2020)