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      FEC Record: Litigation
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      Court grants summary judgment in Common Cause Georgia, et al. v. FEC (22-3067)

FEC Record: LitigationCourt grants summary judgment in *Common Cause Georgia, et al. v. FEC* (22-3067)November 2, 2023 On September 29, 2023, the United States District Court for the District of Columbia (the court) granted both parties’ cross-motions for summary judgment in part and denied both motions in part. Common Cause Georgia and its executive director, Treaunna C. Dennis (plaintiffs), sought declaratory and injunctive relief against the Commission for the dismissal of their administrative complaint against True the Vote (TTV) and the Georgia Republican Party (Party). Background Plaintiff’s administrative complaint alleged TTV made unlawful corporate contributions to the Party; that the Party unlawfully accepted coordinated corporate contributions; and that the Party fell short of its disclosure obligations. On August 11, 2022, the Commission voted 2-3 to find reason to believe a violation had occurred, and voted 2-3 to find there was no reason to believe. The Commission then voted 4-0 to close the file. Plaintiffs filed suit to challenge that dismissal, alleging that the Commission’s nonenforcement deprived them of information to which they were entitled under the Federal Election Campaign Act (FECA) and harmed their voter protection efforts. They asked the court to declare that the FEC’s dismissal of their administrative complaint was arbitrary, capricious, and contrary to law. Analysis The district court found that plaintiffs had standing to challenge the Commission’s failure to find reason to believe the Party violated FECA’s disclosure provisions, but lacked standing to challenge the Commission’s failure to find reason to believe the respondents violated FECA’s corporate contributions prohibition. The court then found that the controlling analysis in the Commission’s dismissal of the administrative complaint was contrary to law, and stated “by refusing to reveal the dollar value of True the Vote’s Georgia activities, information that (Common Cause alleges) FECA ‘requires . . . be publicly disclosed,’ the Commission has ‘den[ied]’ Common Cause access to information that would ‘help [its] efforts’ to reduce money’s influence in politics.” The court ordered that the Commission conform with the court’s declaration regarding alleged disclosure violations within 30 days, and further ordered that plaintiffs’ action is otherwise dismissed without prejudice. Resources Common Cause Georgia, et al. v. FEC (22-3067)litigation page
 Author
          Romy Adame-WilsonCommunications Specialist


Read next: Printed copies of the 2023 edition of 11 CFR now available
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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.


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