Giffords sues Commission alleging failure to act in a timely manner (D.D.C. 2019) 1:19-cv-01192

On April 24, 2019, Giffords, a 501(c)(4) organization founded and led by former Congresswoman Gabrielle Giffords, filed suit in the U. S. District Court for the District of Columbia to challenge the Commission’s alleged failure to act on its administrative complaints.

According to the court filing, the Giffords organization has filed four separate administrative complaints over the past nine months alleging that the National Rifle Association (NRA) violated the Federal Election Campaign Act (the Act) by using shell corporations and common vendors to coordinate expenditures with at least seven federal candidates. Giffords claims none of the complaints have been acted upon, and that more than 120 days have passed since their filing.

The Act permits those 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. Giffords asks the Court to declare the Commission’s failure to act on its administrative complaints contrary to law under 52 U.S.C. § 30109(a)(8)(A). Giffords also seeks an order requiring the Commission to conform with that declaration within 30 days.

Editor's Note: On September 30, the U.S. District Court for the District of Columbia issued an Order denying the Commission’s Motion to Dismiss, or in the Alternative, for Summary Judgment and granting plaintiff’s Cross-Motion for Summary Judgment.

Resources

• Giffords v. FEC litigation page