National Legal and Policy Center v. FEC challenges dismissal of administrative complaint (22-822)

On March 25, 2022, the National Legal and Policy Center (NLPC) filed suit in the U.S. District Court for the District of Columbia challenging the Commission’s dismissal of its administrative complaint.

According to the court complaint, NLPC filed an administrative complaint in 2019 against Brand New Congress PAC, Justice Democrats PAC, and others. The complaint alleged that the two PACs recruited and promoted Democratic candidates in the 2018 election cycle, and that the respondents, individually or collectively, violated various provisions of the Federal Election Campaign Act (the Act) and Commission regulations in doing so.

On January 27, 2022, the Commission voted to dismiss some of the allegations in the complaint and failed by a 3-3 vote to find reason to believe other respondents violated the Act. On February 15, 2022, the Commission voted to close the file.

NLPC asks the court to declare the Commission’s failure to find reason to believe violations occurred, and the Commission’s dismissal of the administrative complaint arbitrary, capricious, and contrary to law. The suit also asks the court to declare the Commission’s failure to issue a Statement of Reasons unlawful, to order the Commission to issue a Statement of Reasons, and to conform with that declaration within 30 days.

Resources

• NLPC v. FEC (22-822) litigation page