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
- ›
      Court dismisses one claim, seeks further information on another in CLC v. FEC (19-2336)

FEC Record: LitigationCourt dismisses one claim, seeks further information on another in *CLC v. FEC* (19-2336)December 7, 2020 On December 2, 2020, the U.S. District Court for the District of Columbia reversed its previous decision by concluding that Campaign Legal Center (CLC) and Catherine Hinckley Kelley (together, Plaintiffs) do not have standing to bring this suit under the Federal Election Campaign Act (FECA). The court requested further briefing from all parties on the Plaintiffs’ Administrative Procedures Act (APA) claim. Background Plaintiffs filed suit against the Commission on August 2, 2019, seeking declaratory and injunctive relief for the dismissal of their administrative complaint against Correct the Record (CTR) and Hillary for America (HFA, collectively, Defendants). The administrative complaint had alleged that CTR made, and Hillary for America accepted, unreported excessive and prohibited contributions in the form of coordinated expenditures. The Commission was unable, by the required four affirmative votes, to defend itself in this lawsuit. The Court then allowed CTR and HFA to intervene as defendants. The Defendants moved to dismiss, arguing that Plaintiffs lacked standing to sue. This motion was rejected, and the parties filed cross-motions for summary judgment concerning alleged violations of the FECA and the APA. Analysis The Defendants contend that the Plaintiffs alleged informational injury is insufficient to confer standing because the details of CTR's expenditures are already public record. The precedents cited by the Defendants and the Court state that an "informational injury" cannot occur when the information sought is already required to be disclosed elsewhere and reported in some form. Thus, Plaintiffs have no cognizable interest in a further "legal determination" from the FEC that the expenditures were coordinated with HFA. The Court noted that it is immaterial that the FEC has not conducted a further investigation, as an information-injury inquiry turns on the nature of the information that would be revealed, and no further information would be uncovered by additional investigation. The Court concluded that because of this, the Plaintiffs do not have standing to bring a FECA claim, and therefore dismissed that claim. The Court held in abeyance the motions for summary judgment based on the APA claim, requesting further briefing from both parties on the question of Plaintiffs independent standing with regard to their APA claim. Resources CLC v. FEC (19-2336) litigation page
 Author
          Christopher BergCommunications Specialist


Read next: Reporting guidance for Georgia runoff elections (2020)
 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