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Federal Election Commission | United States of America

Campaign Legal Center v. FEC (22-3319)

Summary

On September 23, 2024, the United States District Court for the District of Columbia dismissed a suit filed by Campaign Legal Center and Democracy 21 (plaintiffs). The suit alleged organizational and informational injury stemming from the Commission’s dismissal of their administrative complaints filed in 2015.

Background

Plaintiffs filed an FEC complaint against former Florida Governor Jeb Bush on March 31, 2015, alleging Bush had become a candidate under the Federal Election Campaign Act (the Act) but had failed to register or file reports. The complaint further alleged that he had financed his campaign and testing-the-waters activities with funds outside the limitations and prohibitions of the Act. On May 27, 2015, plaintiffs filed a second administrative complaint with the Commission, alleging that Bush had violated 52 U.S.C. §30125(e) by establishing, financing, maintaining and controlling the Right to Rise PAC, which raised and spent funds outside the limitations and prohibitions of the Act. On August 29, 2022, the Commission voted 4-1 to close the case file and dismiss the plaintiffs' complaints.

Plaintiffs claim standing to challenge that dismissal in court because:

  1. They have been harmed by the failure to disclose information regarding the Bush campaign's alleged coordination with Right to Rise;
  2. They have an interest in learning about the testing-the-waters expenditures that may never have been reported by the Bush campaign or Right to Rise; and
  3. They have an interest in a reasoned explanation for why the Commission declined to pursue this case, which would inform their election-watchdog efforts going forward.

The court rejected the plaintiffs’ alleged bases for standing, finding that none show an ongoing organizational injury.

As a result, the court found that the plaintiffs lack organizational standing and granted the Commission’s Motion to Dismiss.

Source: FEC Record — September 2024; November 2022

Documents

District Court (DC)

Court decisions:

Related documents:

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.