CREW, et al. v. FEC alleges failure to act on administrative complaint (Case 1:18-cv-01060)

On May 4, 2018, Citizens for Responsibility and Ethics in Washington (CREW) and Noah Bookbinder (together, “plaintiffs”) filed suit against the FEC in U.S. District Court for the District of Columbia. Plaintiffs allege that the Commission failed to act on their administrative complaint and seek injunctive and declaratory relief under the Federal Election Campaign Act (the Act).

Background

Right to Rise USA is an independent expenditure-only committee (“Super PAC”) registered with the FEC.

On December 15, 2015, plaintiffs filed an administrative complaint with the FEC against Right to Rise USA, and its treasurer, Charles R. Spies, as well as TH Holdings, LLC, Marvin C. Schwartz, and Heather Oaks, LLC (“respondents”). Plaintiffs’ administrative complaint alleged TH Holdings, Marvin Schwartz, and Heather Oaks violated the Act’s ban on knowingly and willfully making a contribution in the name of another, or knowingly and willfully permitting one’s name to be used by another to make a contribution. The administrative complaint also alleged that Right to Rise USA and Charles Spies violated the Act by knowingly accepting a contribution from one person in the name of another.

The plaintiffs argue that the Commission has had sufficient time to conduct an investigation and that its failure to act on the administrative complaint is unreasonable and contrary to law. They request that the court declare that the Commission’s failure to act on the administrative complaint is contrary to law and order the Commission to act on the administrative complaint within 30 days.

Resources

• CREW, et al. v. FEC (18-1060) litigation page