End Citizens United PAC v. FEC (21-2128 / 22-5277)

On August 9, 2021, End Citizens United PAC (Plaintiff) filed suit in the United States District Court for the District of Columbia to challenge the dismissal of its administrative complaints against U.S. Senator Rick Scott, Rick Scott for Florida (the Scott Campaign) and New Republican PAC.

The first administrative complaint filed with the Commission, dated April 10, 2018, alleged that Scott violated the Federal Election Campaign Act (the Act) by failing to timely file a Statement of Candidacy, and that the Scott Campaign violated the Act by failing to timely file a Statement of Organization and disclosure reports. It also alleged that New Republican PAC, a Super PAC, violated the Act by soliciting, receiving, or spending soft money in connection with a federal election while controlled by Scott. The second administrative complaint, dated September 5, 2018, alleged that New Republican PAC made, and the Scott Campaign accepted and failed to report, impermissible and excessive in-kind contributions in the form of coordinated expenditures.

On May 20, 2021, the Commission failed by a vote of 3-3 to find reason to believe that the administrative respondents violated the Act. On June 10, 2021, the Commission voted to close the file.

The plaintiff claims that the Commission’s failure to find reason to believe was arbitrary, capricious, and contrary to law, and seeks a judicial declaration to that effect as well as an order requiring the Commission to conform to that declaration within 30 days.

On October 5, 2021, the Commission made public a Vote Certification. On October 15, 2021, Chair Shana M. Broussard and Commissioners Steven T. Walther and Ellen L. Weintraub issued a Statement.

Source: FEC Record— August 2021

Appeals Court (DC) (22-5277)

Court decisions:

Related documents:

• Appellant's Reply Brief (03/17/2023)
• Intervenor-Appellee's Brief (02/24/2023)
• Brief of Amicus Curiae Citizens for Responsibility and Ethics in Washington in Support of Plaintiff-Appellant (02/01/2023)
• Appellant's Brief (01/25/2023)

District Court (DC) (21-2128)

Court decisions:

• Order (09/16/2022)
• Memorandum Opinion (09/16/2022)
• Default (11/02/2021)

Related documents:

• Reply in Support of Intervenor-Defendant’s Cross-Motion for Summary Judgment (02/01/2022)
• Plaintiff’s Combined Memorandum of Points & Authorities in Opposition to Defendant-Intervenor’s Cross Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Default Judgment or, in the Alternative, Summary Judgment (01/25/2022)
• Reply in Support of Intervenor-Defendant’s Renewed Motion to Dismiss Plaintiff’s Complaint (01/25/2022)
• Plaintiff's Memorandum of Points and Authorities in Opposition to New Republican PAC's Corrected Motion to Dismiss (01/18/2022)
• Intervenor-Defendant's Combined Response in Opposition Plaintiff's Motion for Default Judgment or, in the Alternative, Summary Judgment and Cross-Motion for Summary Judgment (01/18/2022)
• Response in Opposition to Plaintiff’s Motion for Default Judgment and Summary Judgment and Memorandum in Support of Cross-Motion for Summary Judgment (01/18/2022)
• Defendant-Intervenor Corrected Motion to Dismiss (12/27/2021)
• Memorandum in Supp of Intervenor-Defendant’s Renewed Motion to Dismiss (12/27/2021)
• Plaintiff’s Motion for Default Judgment Or, In the Alternative, Summary Judgment and Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Default Judgment Or, in the Alternative, Summary Judgment (12/27/2021)
• Certification (09/30/2021)
• Complaint for Declaratory and Injunctive Relief (08/09/2021)