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
- ›
      District court ruling affirmed in part, vacated in part in Campaign Legal Center v. FEC (18-0053 / 20-5159)

FEC Record: LitigationDistrict court ruling affirmed in part, vacated in part in *Campaign Legal Center v. FEC* (18-0053 / 20-5159)May 19, 2021 On May 11, 2021, the United States Court of Appeals for the District of Columbia Circuit affirmed in part and vacated in part the judgment of the United States District Court for the District of Columbia in Campaign Legal Center v. FEC (18-0053 / 20-5159). Background According to its court complaint, Campaign Legal Center (the plaintiff) and an individual, Catherine Hinckley Kelley, filed an administrative complaint on November 1, 2016, and a supplemental administrative complaint on December 20, 2016, alleging that GEO Corrections Holdings, Inc., a wholly owned subsidiary of a federal contractor, violated the Federal Election Campaign Act’s (FECA) prohibition on contributions by federal government contractors by contributing a total of $225,000 to Rebuilding America Now, a nonconnected independent expenditure-only committee (Super PAC) in 2016. On January 10, 2018, the plaintiff filed suit against the FEC alleging that the Commission had failed to act on the administrative complaint and that the failure to act on the complaint was contrary to both the FECA and the Administrative Procedure Act (APA). On May 26, 2020, the district court dismissed both counts. The district court found that the plaintiff lacked standing to sue under the FECA and that the plaintiff had no claim under the APA as the FECA provides the exclusive mechanism for judicial review of administrative complaints under the statute. FECA count The plaintiff appealed the ruling that they lacked standing to sue under the FECA, arguing that the statute confers a legally enforceable substantive right to timely action on their administrative complaint and that the Commission’s failure to act on the complaint creates an injury sufficient to establish standing. The appeals court rejected this argument, finding that the statute is procedural and noting Supreme Court precedent that the deprivation of a procedural right alone is insufficient to establish standing. The appeals court explained that the plaintiff must identify a concrete interest that is harmed by the Commission’s alleged failure to act on their administrative complaint. The mere allegation that the Commission failed to process an administrative complaint in accordance with law is not enough to establish that the plaintiff had in fact been injured. The plaintiff also argued that they have suffered an “informational injury” as the Commission’s alleged failure to act on their complaint has deprived them of disclosure information that they are entitled to under the FECA. The appeals court found that the plaintiff had forfeited this argument as it was not raised in either their administrative complaint or in the district court proceedings. Having determined that the district court was correct in finding that the plaintiff lacked standing to sue under the FECA, the appeals court affirmed that portion of the district court’s decision. APA count Although the plaintiff did not appeal the district court’s ruling on their APA count, the appeals court considered the district court’s judgment on the merits that the FECA provides the exclusive mechanism for judicial review of administrative complaints under the FECA. The appeals court found instead that the plaintiff lacked standing under the APA and vacated the district court’s judgment, remanding this count to the lower court with instructions to dismiss it for lack of standing. Resources Campaign Legal Center v. FEC (18-0053 / 20-5159) litigation page
 Author
          Paul StoetzerSr. Communications Specialist


Read next: Florida special election reporting: 20th district (2021)
 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