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BEFORE THE FEDERAL ELECTION COMMISSION 

CAMPAIGN LEGAL CENTER 

1101 14th Street NW, Suite 400 

Washington, DC 20005 

(202) 736-2200

v. MUR No. _____

BETH HARWELL 

c/o Harwell for Congress 

P.O. BOX 159026 

Nashville, TN 37215 

BETH HARWELL COMMITTEE 

95 White Bridge Rd. 

Nashville, TN 37205 

HARWELL PAC 

95 White Bridge Rd. 

Nashville, TN 37205 

COMPLAINT

1. While running for Congress in Tennessee’s Fifth District, Beth Harwell, a former

Tennessee state legislator, appears to have directed a combined $47,000 from her state

campaign committee and state PAC to a federal super PAC exclusively supporting

Harwell’s federal candidacy. The Federal Election Campaign Act (“FECA”), however,

prohibits federal candidates and officeholders, as well as their agents and affiliated

entities, from spending “soft money” — including, e.g., nonfederal funds, which are not

subject to federal source prohibitions, contribution limits, and reporting requirements —

in connection with a federal election. By using nonfederal funds to support her bid for

federal office, Harwell violated fundraising restrictions and transparency requirements

that apply to all federal candidates, which are crucial to informing the public about the

sources of candidates’ support, as well as for preventing corruption and its appearance.



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2. This complaint is filed pursuant to 52 U.S.C. § 30109(a)(1) and is based on information 

and belief that Harwell, the Beth Harwell Committee, and the Harwell PAC have violated 

the Federal Election Campaign Act (“FECA”), 52 U.S.C. § 30101, et seq. If the 

Commission, “upon receiving a complaint . . . has reason to believe that a person has 

committed, or is about to commit, a violation of [FECA] . . . [t]he Commission shall 

make an investigation of such alleged violation.”1

 

FACTUAL BACKGROUND

3. During the 2022 election cycle, Beth Harwell was a candidate for Congress in 

Tennessee’s Fifth Congressional District. Harwell filed a Statement of Candidacy with 

the Commission on February 24, 2022, and designated Harwell for Congress as her 

principal campaign committee that same day.2 Harwell lost in the Republican primary 

election in Tennessee held on August 4, 2022.3

4. Harwell was previously a member of the Tennessee House of Representatives. The Beth 

Harwell Committee was her state campaign committee. Harwell PAC is a state political 

committee sponsored by Harwell. 

5. Government of the People (“GOTP”) is a federal independent expenditure-only political 

committee (“IEOPC”) — commonly referred to as a “super PAC” — that registered with 

the Commission on July 20, 2022. Its treasurer is Debra Maggart.4

6. GOTP reported receiving a $35,000 contribution from the Beth Harwell Committee, and 

a $12,000 contribution from Harwell PAC, both on July 22, 2022 — i.e., two days after 

1

 52 U.S.C. § 30109(a)(2) (emphasis added); see also 11 C.F.R. § 111.4(a). 2

 Beth Harwell, Statement of Candidacy at 1 (Feb. 24, 2022); Harwell for Congress, Statement of Org. at 1 (Feb. 

24, 2022). 

3

 Tenn. Fifth Congressional Dist. Primary Election Results, N.Y. Times (Aug. 5, 2022), 

https://www.nytimes.com/interactive/2022/08/04/us/elections/results-tennessee-us-house-district-5.html. 4

 Government of the People, Statement of Org. at 1 (July 20, 2022). 

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the IEOPC was formed.5

 GOTP also received $10,000 from Beth Harwell’s husband 

Samuel Harwell, on August 1, 2022.6

 In total, GOTP reported raising $123,250. 

7. Between July 27, 2022, and August 4, 2022 — the day of the primary election in 

Tennessee — GOTP reported making over $62,000 in independent expenditures 

supporting Harwell’s candidacy, and over $51,000 in independent expenditures opposing 

Harwell’s primary opponent, Andy Ogles.7

SUMMARY OF THE LAW

8. Under FECA, a “candidate” is defined as “an individual who seeks nomination for 

election, or election, to Federal office” and crosses the statutory threshold of receiving 

aggregate contributions, or making aggregate expenditures, in excess of $5,000.8 Federal 

candidates must file a written statement designating a principal campaign committee 

within fifteen days of becoming a candidate.9

9. FECA requires that the funds federal candidates and officeholders raise and spend in 

connection with federal elections comply with federal campaign finance laws. The 

Bipartisan Campaign Reform Act of 2002 (“BCRA”) amended FECA to prohibit federal 

candidates and officeholders, their agents, and any entities that they directly or indirectly 

establish, finance, maintain, or control from raising or spending funds in connection with 

a federal election that do not comply with FECA’s contribution limits, source 

prohibitions, and reporting requirements — i.e., so-called “soft money.”10

5

 Government of the People, 2022 Oct. Quarterly Report at 11 (Oct. 14, 2022). 

6

 Id. at 9. 7

 Government of the People, Independent Expenditures, 2021-2022, https://www.fec.gov/data/independentexpenditures/?two_year_transaction_period=2022&data_type=processed&q_spender=C00821009&cycle=2022&is_

notice=true&most_recent=true. 

8

 52 U.S.C. § 30101(2); see 11 C.F.R. § 100.3. 

9

 52 U.S.C. § 30102(e)(1); see 11 C.F.R. § 101.1(a). 10 See generally 52 U.S.C. § 30125; 11 C.F.R. part 300. 

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10. Specifically, FECA provides, in relevant part: 

A candidate, individual holding Federal office, agent of a candidate 

or an individual holding Federal office, or an entity directly or 

indirectly established, financed, maintained or controlled by or 

acting on behalf of 1 or more candidates or individuals holding 

Federal office, shall not — (A) solicit, receive, direct, transfer, or 

spend funds in connection with an election for Federal office, 

including funds for any Federal election activity, unless the funds 

are subject to the limitations, prohibitions, and reporting 

requirements of this Act.11

11. Although federal court decisions have invalidated some of FECA’s source prohibitions 

and amount limitations as applied to IEOPCs,12 those decisions left intact BCRA’s 

statutory amendments mandating that federal candidates and officeholders cannot 

“solicit, receive, direct, transfer, or spend” soft money in connection with federal 

elections, and those requirements thus remain in effect, as the Commission itself has 

explicitly recognized. 

12. In Advisory Opinion 2011-12 (Majority PAC), the Commission explicitly reaffirmed that 

BCRA, codified at 52 U.S.C. § 30125 et seq., “remains valid” after Citizens United and 

SpeechNow: “[BCRA] was enacted by Congress long after [FECA’s] contribution limits 

and source prohibitions. It was upheld by the Supreme Court in McConnell v. FEC, 540 

U.S. 93, 181-184 (2003), and remains valid since it was not disturbed by either Citizens 

United or SpeechNow.”13 In that advisory opinion, the Commission explicitly stated that 

federal candidates cannot lawfully solicit funds on an IEOPC’s behalf that are beyond 

FECA’s contribution limits, source prohibitions, and reporting requirements.14

11 52 U.S.C. § 30125(e)(1); see 11 C.F.R. § 300.61. 12 SpeechNow v. FEC, 599 F.3d 686, 689 (D.C. Cir. 2010); see also Citizens United v. FEC, 558 U.S. 310 (2010). 

13 Advisory Op. 2011-12 (Majority PAC) at 4. 

14 Id. at 3-4. 

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13. Accordingly, even after Citizens United and SpeechNow, FECA clearly prohibits federal 

candidates and officeholders, their agents, and any other entities that they have directly or 

indirectly established, financed, maintained or controlled — including, e.g., a state 

campaign committee or PAC that a federal candidate or officeholder sponsored — from 

directing or transferring nonfederal funds to an IEOPC.15

CAUSE OF ACTION

COUNT I:

HARWELL, THE BETH HARWELL COMMITTEE, AND THE HARWELL PAC APPEAR TO HAVE 

VIOLATED 52 U.S.C. § 30125(E) BY DIRECTING OR TRANSFERRING NONFEDERAL FUNDS TO A 

FEDERAL COMMITTEE FOR USE IN CONNECTION WITH A FEDERAL ELECTION

14. The available information supports finding reason to believe that Harwell directed or 

transferred $47,000 from two nonfederal committees that she established, financed, 

maintained or controlled — the Beth Harwell Committee and Harwell PAC — to a 

federal IEOPC, GOTP, in connection with Harwell’s congressional campaign. 

15. Harwell was clearly a federal candidate from the time she registered as such with the 

Commission in February 2022, through at least the date of the Tennessee primary 

election on August 4, 2022. 

16. During that period, on July 22, 2022, Harwell appears to have directed her state campaign 

committee, the Beth Harwell Committee, to contribute $35,000 to GOTP, a federal 

IEOPC exclusively supporting Harwell’s federal candidacy. The Beth Harwell 

Committee is an entity that Harwell “established, financed, maintained or controlled” 

under FECA, yet the funds raised by that state campaign committee are nonfederal funds 

or “soft money” that is not subject to FECA’s source prohibitions, amount limitations, or 

reporting requirements. As such, there is reason to believe that the $35,000 in nonfederal 

15 See 52 U.S.C. §§ 30116(a)(1)(C); 30125(e)(1)(A). 

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funds the Beth Harwell Committee transferred to GOTP in connection with a federal 

election violated FECA. 

17. Likewise, on July 22, 2022, Harwell appears to have directed Harwell PAC to contribute 

$12,000 to GOTP. Harwell PAC is a state political committee sponsored by Harwell, and 

thus, like the Beth Harwell Committee, Harwell PAC is an entity that Harwell 

“established, financed, maintained or controlled” under FECA. Likewise, the funds raised 

by it are also nonfederal funds or “soft money” that is not subject to FECA’s source 

prohibitions, amount limitations, or reporting requirements. Therefore, there is reason to 

believe that the $12,000 in nonfederal funds the Harwell PAC transferred to GOTP in 

connection with a federal election violated FECA. 

18. Based on the foregoing, there is reason to believe that Harwell, the Beth Harwell 

Committee, and the Harwell PAC violated 52 U.S.C. § 30125(e)(1)(A) when Harwell 

directed or transferred a combined $47,000 from those two state committees to GOTP in 

connection with Harwell’s campaign for federal office. 

 

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PRAYER FOR RELIEF

19. Wherefore, the Commission should find reason to believe that Harwell, the Beth Harwell 

Committee, and the Harwell PAC violated 52 U.S.C. § 30101 et seq., and conduct an 

immediate investigation under 52 U.S.C. § 30109(a)(2). 

20. Further, the Commission should seek appropriate sanctions for any and all violations, 

including civil penalties sufficient to deter future violations, injunctive relief to remedy 

these violations and prohibit any and all future violations, and such additional remedies 

as are necessary and appropriate to ensure compliance with FECA. 

Respectfully submitted, 

 /s/ Saurav Ghosh 

Campaign Legal Center, by 

Saurav Ghosh, Esq. 

1101 14th Street NW, Suite 400 

Washington, DC 20005 

(202) 736-2200 

Saurav Ghosh, Esq. 

Campaign Legal Center 

1101 14th Street NW, Suite 400 

Washington, DC 20005 

Counsel to the Campaign Legal Center 

November 15, 2022 

 

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