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 Commission’s case against one defendant in FEC v. Jeremy Johnson and John Swallow (D. Utah 2:15-cv-00439-DB)

FEC Record: LitigationCourt dismisses Commission’s case against one defendant in FEC v. Jeremy Johnson and John Swallow (D. Utah 2:15-cv-00439-DB)April 23, 2018 On April 6, 2018, the United States District Court for the District of Utah (the court) dismissed the Commission’s case against John Swallow, one of two defendants in FEC v. Johnson. The court further ordered 11 CFR 110.4(b)(1)(iii) stricken from the Code of Federal Regulations and enjoined the Commission from enforcing it. Background The Commission alleged that during the 2009-2010 election cycle, Jeremy Johnson made contributions to three federal candidates that exceeded applicable limits and were made in the names of other persons who acted as Johnson’s straw donors. The Commission also alleged that John Swallow violated the Federal Election Campaign Act (the Act) by knowingly and willfully making contributions in the names of others when he caused, helped, and assisted Johnson’s straw donor scheme. Swallow moved to dismiss and for judgment on the pleadings, asserting that in adopting 11 CFR 110.4(b)(1)(iii), which applies to those who “[k]nowingly help or assist any person in making a contribution in the name of another,” the Commission exceeded its statutory authority by imposing secondary liability where Congress did not include it. Swallow also argued that the Commission had failed to state a claim against him, that the regulation burdened his protected speech under the First Amendment, and that it was promulgated in violation of the Administrative Procedure Act. Analysis The court found that the Act’s language was unambiguous, limiting the prohibition on contributions in the name of another to three types of persons: first, a person who makes a contribution in the name of another; second, a person who knowingly allows his name to be used by the contributor; and finally, a candidate who knowingly accepts such a contribution. Because none of these apply to Swallow, the court stated, it granted Swallow’s motion to dismiss. The court concluded that the Commission “went too far, exceeding its authority to write regulations and improperly intruding into the realm of lawmaking that is the exclusive province of Congress,” and ordered 11 CFR 110.4(b)(1)(iii) stricken from the regulations and enjoined the Commission from enforcing it. Resources: FEC v. Jeremy Johnson and John Swallow litigation page
 Author
          Christopher BergCommunications Specialist


Read next: District court upholds Commission’s disclosure policy in Doe, et al. v. FEC
 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