Case 1:22-cv-01749-APM Document 22 Filed 09/01/22 Page 1 of 4 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

45COMMITTEE, INC., ) 

) 

Plaintiff, ) Civ. No. 22-1749 (APM) 

) 

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 

MUR 7486, an administrative enforcement matter involving plaintiff 45Committee, Inc. 

(“45Committee”) that is at issue in this case. (Complaint for Declaratory and Injunctive Relief 

(“Compl.”) (Docket No. 1) ¶ 44.) Other successful closure votes on that same date involved 

matters that appear to meet the criteria of the seven other MURs plaintiff has challenged (though 

not specifically identified) in this proceeding as being subject to an alleged “concealment 

policy.” (Id. ¶¶ 3, 7.) As a result of these file closures, plaintiff will soon be in possession of the 

vote certifications and statements of reasons it has sought regarding MUR 7486, and it will 

therefore have received all of the relief it seeks in this case with respect to that proceeding. 
 

 

 

 

 

 

 

 

 

 

 

 

 

Case 1:22-cv-01749-APM Document 22 Filed 09/01/22 Page 2 of 4 

Plaintiff will also soon 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 the additional broader relief it requested. These 

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

The FEC Commissioners voted 4-1 (with one abstention) to close the file in MUR 7486. 

The respondent in MUR 7486, 45Committee, has been notified of this action. The notification to 

45Committee stated, among other things, that the FEC had divided equally in June 2020 on 

whether to find reason to believe that 45Committee had violated the Federal Election Campaign 

Act. The votes in other MURs varied, but in all cases included at least four votes in favor of 

closing the respective 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 is currently underway before this Court. (See FEC’s 

Motion to Dismiss (“Motion to Dismiss”) (ECF No. 17).) 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. (Id. at 11-39.) In part, the Commission explained that the documents plaintiff sought 

here had been permissibly withheld because the agency’s file closure of MUR 7486 and other 

MURs about which plaintiff appeared to complain had not yet occurred in accord with the 
 

 

 

 

 

 

 

 

 

 

Case 1:22-cv-01749-APM Document 22 Filed 09/01/22 Page 3 of 4 

agency’s longstanding practice. (Motion to Dismiss at 6-7, 20-25.) The closure of these MUR 

files and resulting disclosures mean that these issues will soon be mooted. 

The Commission will confer with plaintiff 45Committee 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 motion, the Commission wanted to provide this immediate update. 

Respectfully submitted, 

Lisa J. Stevenson (D.C. Bar No. 457628) Harry J. Summers 

Acting General Counsel Assistant General Counsel 

lstevenson@fec.gov hsummers@fec.gov 

Kevin Deeley /s/ Christopher H. Bell 

Associate General Counsel Christopher H. Bell 

kdeeley@fec.gov Attorney 

chbell@fec.gov 

September 1, 2022 FEDERAL ELECTION COMMISSION 

1050 First Street NE 

Washington, DC 20463 

(202) 694-1650 
 

Case 1:22-cv-01749-APM Document 22 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 

Attorney 

chbell@fec.gov