Case 1:22-cv-01422-CJN Document 27 Filed 09/01/22 Page 1 of 4 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

HERITAGE ACTION FOR AMERICA, ) 

) 

Plaintiff, ) Civ. No. 22-1422 (CJN) 

) 

v. ) 

) 

FEDERAL ELECTION COMMISSION, et al., ) NOTICE 

) 

Defendants. ) 

) 

FEDERAL ELECTION COMMISSION’S NOTICE 

OF SUBSEQUENT DEVELOPMENTS 

Defendant Federal Election Commission (“FEC” or “Commission”) hereby provides 

notice of subsequent factual developments. The composition of the Commission recently 

changed, with Dara Lindenbaum sworn in as Commissioner on August 2, 2022. FEC, Dara 

Lindenbaum Sworn In As Commissioner (Aug. 2, 2022), https://www.fec.gov/updates/daralindenbaum-sworn-in-as-commissioner/. Soon thereafter, on August 29, 2022, there were 

successful votes to close the file in a number of FEC Matters Under Review (“MUR”), including 

matters that appear to meet the criteria of the seven MURs plaintiff has challenged (though not 

specifically identified) in this proceeding as being subject to an alleged “concealment policy.” 

(Complaint for Declaratory and Injunctive Relief (“Compl.”) (Docket No. 1) ¶¶ 32, 40.) As a 

result of these file closures, plaintiff will have access, via public disclosure, to the vote 

certifications and statements of reasons for several other MURs that meet the criteria of the 

matters it has challenged, providing plaintiff with additional broader relief it requested. These 

developments mean that plaintiff’s claims will soon be mooted. 

The Commissioner vote totals for votes taken on August 29 varied, but in all cases 
 

 

 

 

 

 

 

 

Case 1:22-cv-01422-CJN Document 27 Filed 09/01/22 Page 2 of 4 

included at least four votes in favor of closing the MUR files at this time. As a result of these 

file closures, the Commission will place on the public record categories of documents integral to 

its decision-making process in these MURs, including certifications of Commission votes and 

Commissioner statements of reasons, in accord with the agency’s disclosure policy. See FEC, 

Disclosure of Certain Documents in Enforcement and Other Matters, 81 Fed. Reg. 50,702, 

50,703 (Aug. 2, 2016). The Commission will do so as soon as practicable and generally 

endeavors to do so within 30 days. Id. 

The closure of these MUR files, and resulting disclosures, are pertinent to the FEC’s 

Motion to Dismiss, as to which briefing has concluded, and plaintiff’s Cross-Motion for 

Summary Judgment, as to which briefing is currently underway. (See FEC’s Motion to Dismiss 

(“Motion to Dismiss”) (ECF No. 17); Plaintiff’s Cross-Motion for Summary Judgment (ECF No. 

20).) In its Motion the Commission argued that this Court lacks jurisdiction and that plaintiff has 

failed to state claims upon which relief can be granted. (Motion to Dismiss at 12-33.) In part, 

the Commission explained that the agency has a longstanding practice of holding votes to close 

administrative enforcement files, and that this practice is an exercise of lawful discretion as well 

as a permissible interpretation of the Federal Election Campaign Act and FEC regulations. (Id. 

at 24-25; FEC’s Opposition to Cross-Motion for Summary Judgment at 24-44 (ECF No. 26).) 

The closure of these MUR files in matters that appear to meet the criteria of the seven MURs 

plaintiff has challenged, and resulting disclosures, mean that these issues will soon be mooted. 

The Commission will confer with plaintiff Heritage Action to confirm its agreement that 

the case will shortly become moot and to propose an appropriate course of action for the interim 

period. Given the pending motions, the Commission wanted to provide this immediate update. 

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Case 1:22-cv-01422-CJN Document 27 Filed 09/01/22 Page 3 of 4 

Respectfully submitted, 

Lisa Stevenson (D.C. Bar No. 457628) 

Acting General Counsel 

lstevenson@fec.gov 

Kevin Deeley 

Associate General Counsel 

kdeeley@fec.gov 

Harry J. Summers 

Assistant General Counsel 

hsummers@fec.gov 

Greg J. Mueller (D.C. Bar No. 462840) 

Attorney 

gmueller@fec.gov 

/s/ Christopher H. Bell 

Christopher H. Bell (D.C. Bar No. 1643526) 

Attorney 

chbell@fec.gov 

FEDERAL ELECTION COMMISSION 

1050 First Street NE 

Washington, DC 20463 

September 1, 2022 (202) 694-1650 

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Case 1:22-cv-01422-CJN Document 27 Filed 09/01/22 Page 4 of 4 

CERTIFICATE OF SERVICE 

I hereby certify that on September 1, 2022, I served the foregoing pursuant to Fed. R. 

Civ. P. 5(b)(2)(E) on counsel of record, as a registered ECF user, through the Court’s ECF 

system. 

/s/ Christopher H. Bell 

Christopher H. Bell (D.C. Bar No. 1643526) 

Attorney 

chbell@fec.gov