District Court issues memorandum opinion, order in DCCC v. FEC (Case No. 24-2935)

WASHINGTON – The U.S. District Court for the District of Columbia on Friday issued a Memorandum Opinion and Order in DCCC v. FEC (Case No. 24-2935) denying Plaintiff’s Motion for a Preliminary Injunction.

Plaintiff challenged the Commission’s failure to issue an advisory opinion in response to a request from the Democratic Senatorial Campaign Committee in Advisory Opinion Request 2024-13 (DSCC, Montanans for Tester, and Gallego for Arizona) concerning the allocation of costs of television advertising.

The Commission considered and voted on two draft advisory opinions in response to the request concerning the requestors’ proposed formation of two joint fundraising committees, each comprised of the DSCC and one authorized committee. Each joint fundraising committee proposed to run television ads featuring the participating candidate and soliciting contributions to the joint fundraising committees. Neither advisory opinion draft received the required four affirmative votes. The Commission concluded its consideration of the request without issuing an opinion.

Plaintiff filed a Motion for a Preliminary Injunction requesting that the Court consolidate the Preliminary Injunction with an expedited trial on the merits or, in the alternative, issue a Preliminary Injunction vacating the Commission’s October 10 Advisory Opinion Request closeout letter as arbitrary and capricious and contrary to the Federal Election Campaign Act of 1971, as amended.