End Citizens United PAC v. FEC (D.D.C. 21-2128) challenges dismissal of complaints

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.

Resources

• End Citizens United PAC v. FEC (21-2128) litigation page