Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Litigation
- ›
      Appeals court upholds district court ruling in Campaign Legal Center, et al., v. FEC (18-5239)

FEC Record: LitigationAppeals court upholds district court ruling in *Campaign Legal Center, et al., v. FEC* (18-5239)March 25, 2020 On March 13, 2020, the United States Court of Appeals for the District of Columbia affirmed the district court’s grant of summary judgment for the Commission in Campaign Legal Center, et al., v. FEC (18-5239). Background Campaign Legal Center and Democracy 21 (the Plaintiffs) filed five administrative complaints with the Commission between 2011 and 2015. In the complaints, the Plaintiffs alleged that various individuals made contributions to Super PACs by using closely held corporations and LLCs as "straw donors" in violation of the Federal Election Campaign Act (the Act). The Plaintiffs also alleged that these entities violated the Act by failing to register and report as political committees. The Commission's Office of General Counsel recommended finding reason-to-believe that several of the respondents had violated the Act’s "straw donor" prohibitions, but recommended taking no action on the political committee allegations. In February 2016, the Commission voted 3-3 on finding reason to believe that a violation of the Act had occurred and then voted unanimously to close the file in all five matters. The Commission’s "controlling group" in the dismissal of the administrative complaints–the three Commissioners who voted against finding reason to believe–released a Statement of Reasons in April 2016. In this Statement of Reasons, the three Commissioners stated that they declined to find reason to believe a violation occurred as "an exercise of the Commission’s prosecutorial discretion." They stated that the Supreme Court's decision in Citizens United v. FEC required the Commission to examine how the Act's straw donor ban applied to corporate contributions and that "the speech rights recognized in Citizens United would be hollow if closely held corporations and LLCs were presumed to be straw donors." They concluded that "principles of due process, fair notice, and First Amendment clarity counsel against applying a standard to persons and entities that were not on notice of the governing norm." District court decision The Plaintiffs filed suit against the Commission in the U. S. District Court for the District of Columbia challenging the dismissal of their administrative complaints as contrary to law. In March 2017, the district court granted the Commission’s motion to dismiss for two matters for lack of standing. In June 2018, the district court granted summary judgment for the Commission on the remaining three matters, holding that these dismissals were not contrary to law. The Plaintiffs appealed the district court’s summary judgment decision to the United States Court of Appeals for the District of Columbia. Appeals court decision In response to the Commission’s argument on appeal that the Plaintiffs lacked standing for the remaining three matters as well, the appeals court found that, as the Plaintiffs alleged violations of the Act that require the accurate disclosure of contributor information and that there is no reason to doubt that their claim that the information they seek would help them, they do have standing to challenge the Commission's dismissal of those three administrative complaints. However, the court found that the Commission, through the Statement of Reasons released by the Commission's "controlling group," provided a sufficiently reasonable basis for their decision not to investigate either the Plaintiffs’ straw donor allegations or the Plaintiffs’ political committee allegations and affirmed the district court's grant of summary judgment. Resources Campaign Legal Center, et al. v. FEC (18-5239) litigation page
 Author
          Paul StoetzerSr. Communications Specialist


Read next: Court grants Commission summary judgment in “straw donor” cases (Campaign Legal Center, et al., v. FEC, et al.)
 Related: Explore legal resources »


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms