CREW v. FEC alleges failure to act on complaint (19-1650)

On June 5, 2019, Citizens for Responsibility and Ethics in Washington (“CREW”) and Noah Bookbinder (collectively “plaintiffs”) filed suit in the U.S. District Court for the District of Columbia alleging that the Commission failed to act on their administrative complaint.

Background

According to the court complaint, the plaintiffs filed an administrative complaint with the Commission on August 9, 2018, alleging that Freedom Vote violated the Federal Election Campaign Act (the “Act”) by failing to report an independent expenditure as well as by failing to register as a political committee and file disclosure reports. Plaintiffs say the administrative complaint further alleged that Freedom Vote, Fighting for Ohio Fund and its treasurer Christopher Marston, and unknown respondents engaged in a scheme to make contributions in the name of another in violation of the Act. The plaintiffs allege that the Commission failed to act in a timely manner on their administrative complaint.

The Act permits parties aggrieved by a failure of the Commission to act on an administrative complaint during the 120-day period after its filing to file a petition with the Court. The plaintiffs seek injunctive and declaratory relief from the court, specifically a holding that the Commission’s failure to act on the administrative complaint is contrary to law and an order for the Commission to act on the complaint.

Editor's note: On September 12, 2019, the U.S. District Court for the District of Columbia granted the Commission's Partial Motion to Dismiss. On December 6, 2019, the parties filed a Voluntary Dismissal of Action.

Resources

• CREW v. FEC (19-1650) litigation page