Defending Nonpartisanship in the Civil Service (American Federation of Government Employees v. U.S. Department of Education)

At a Glance

At the start of the 2025 government shutdown, the U.S. Department of Education (DOE) altered employees’ “out-of-office” email autoreply messages to include explicitly partisan language without their consent. Campaign Legal Center (CLC) filed a brief in support of the employees, emphasizing the importance of a nonpartisan civil service in ensuring trust in our government. 

Status
Active
Updated
Issues
About This Case/Action

When U.S. Department of Education (DOE) employees were told to stop working during the 2025 government shutdown, they set out-of-office messages to inform anyone who contacted them via email that they would not be able to respond during the duration of the shutdown. Without the employees’ knowledge or consent, leadership at DOE changed employees’ individual out-of-office messages to include partisan talking points criticizing the Trump administration’s political opponents.

These DOE employees objected to the co-opting of their individual email accounts for the purposes of partisan politics. The employees’ union, the American Federation of Government Employees (AFGE), represented by Public Citizen and Democracy Forward, sued DOE to restore the email messages to their original, nonpartisan form.

Congress requires government employees to act in a nonpartisan manner while on the job. For example, in 1939, Congress passed the Hatch Act to prohibit federal employees from engaging in certain partisan political activities during their public service. CLC has filed multiple complaints against Trump administration officials for violations of the Hatch Act in Trump’s first term. Laws like the Hatch Act help the government to work effectively and bolster public trust in institutions by ensuring that civil servants are hired based on merit and not on partisan favors.

Civil servants carry out the everyday tasks of government. These include actions like processing Social Security payments, making sure our nation’s airports are safe and measuring air and water pollution. The nuts-and-bolts of governing done by civil servants prioritizes service to all the American people, not advancing a partisan agenda.  

CLC filed an amicus brief explaining the importance of nonpartisanship in the civil service. CLC’s brief explains that the rules banning partisan activity on the job came into existence because a corrupt “spoils” system had emerged, where the only way to get a government job was to perform political favors for powerful officials.  

Norms of nonpartisanship in the civil service are decades old. However, the Trump administration has repeatedly ignored the basic idea that official government resources should not be aimed at affecting the outcome of partisan elections. The DOE’s recent action politicizing its employees’ official emails without their consent erodes this important cornerstone of nonpartisanship.

In our brief, CLC argues that the Hatch Act and related laws establish that nonpartisanship is a cornerstone of the civil service, and, as such, partisan politics cannot be a part of a civil servant’s official duties. And forcing a civil servant to engage in political speech against their will violates the civil servant’s right to engage in the First Amendment speech of their choosing in their private life. Therefore, CLC argues that the Trump administration’s actions violated the employees’ First Amendment rights to free speech.

CLC urges the court to require the Trump administration to remove these partisan out-of-office messages from the accounts of Department of Education employees. 

The FEC Can Still Hold George Santos Accountable

Date
Body

On October 23, 2025, Campaign Legal Center (CLC) sent a letter to Federal Election Commission (FEC) Commissioners Shana Broussard and Dara Lindenbaum urging them to hold former Rep. George Santos accountable for his brazen, admitted violations of federal campaign finance laws.

As an independent agency, the FEC has civil enforcement authority to pursue violations of federal campaign finance laws. In light of President Donald Trump's commutation of Santos’ criminal sentence, the FEC can still fulfill its duty and provide accountability in this matter.

Saurav Ghosh, director of federal campaign finance reform at Campaign Legal Center, issued the following statement:

Commuting the sentence and restitution obligations of former Rep. George Santos — who was expelled from Congress, convicted of defrauding his campaign donors, sentenced to seven years’ imprisonment, and ordered to pay more than $370,000 in restitution to the people he defrauded — undermines government accountability and threatens to further erode public confidence in our democracy.

"Despite President Trump’s commutation, the Federal Election Commission, as an independent agency capable of enforcing civil complaints, can still hold him accountable. By enforcing federal campaign finance laws, as outlined in CLC's 2023 complaint against Santos, the FEC can show voters and the public at large that there are consequences for candidates who enrich themselves at the public’s expense.”

Challenging the Trump Administration’s Unlawful Voter Data Collection

At a Glance

The U.S. Department of Justice (DOJ) has a responsibility to protect Americans’ freedom to vote, but recent actions by the DOJ are instead endangering these freedoms by attempting to seize sensitive voter information from states in what is an improper overreach by the federal government. 

Status
Active
Updated
About This Case/Action

Despite its limited role of enforcing federal election laws in elections, the U.S. Department of Justice has demanded expansive voter information from at least 39 states. DOJ is now attempting to use the federal courts to require states to comply with those unlawful demands, by suing eight states for personal, private voter data.  

DOJ is not investigating specific potential violations of the law, but rather, is attempting an extraordinary expansion of federal collection of sensitive voter data, without adhering to state and federal protections for voters’ data or respect for the state’s primary role in election administration.

The U.S. Constitution clearly gives the power to regulate and administer elections to the states or Congress, not the executive branch. These actions by DOJ trample on our government’s separation of powers and system of federalism.

Campaign Legal Center filed motions to intervene in two of these cases on behalf of the League of Women Voters chapters in Maine and New York, to push back on this unlawful federal encroachment and protect sensitive voter data.   

Coalition Working to Protect Sensitive Voter Information Seeks to Intervene in Lawsuits Filed by DOJ in New York and Maine

Date
Body

Washington, DC — Today, the League of Women Voters of New York State — represented by Campaign Legal Center (CLC) and the Brennan Center for Justice at NYU School of Law (Brennan Center) — filed a motion to intervene as a defendant in a lawsuit brought by the U.S. Department of Justice (DOJ) to obtain the complete list of all registered voters in New York without proper basis and purpose. The DOJ is attempting to obtain voters’ sensitive data, including private information such as driver’s license numbers or partial Social Security numbers — data beyond what’s typically publicly available.

This filing comes on the heels of an earlier motion to intervene, on behalf of the League of Women Voters of Maine in United States v. Bellows, et al., where the DOJ is seeking the same data regarding Maine voters.

"Maine elections are safe, secure, transparent, and accessible," said Jill Ward, president of the League of Women Voters of Maine. "The action initiated by the Department of Justice to access voter data would only serve to erode trust in the democratic process. It would needlessly compromise voter privacy and open the door to abuse of these sensitive records. We are committed to protecting Maine voters’ information and preserving the integrity of Maine elections."

“New Yorkers take pride in our state’s long commitment to fair and transparent elections,” said Erica Smitka, executive director of the League of Women Voters of New York State. “The Department of Justice’s attempt to collect sensitive voter data without cause undermines that trust and puts every voter’s personal information at risk. The League of Women Voters of New York is proud to stand up for voters—to protect their privacy and trust in the democratic process.”

“The Department of Justice should be protecting voters, not putting their personal information at risk,” said Celina Stewart, CEO of the League of Women Voters of the United States. “There is no justification for the federal government to demand access to sensitive voter data under the guise of election security. These actions erode public trust and undermine democracy. The League will always work to protect voters’ privacy and ensure every American can cast their ballot free from intimidation or misuse of their data.”

The DOJ has a responsibility to protect the freedom to vote, but its recent actions would infringe upon these freedoms. The DOJ’s improper overreach into state data at the behest of the Trump administration would not make our elections any safer or more secure. It could instead jeopardize voters’ personal information and discourage them from participating in the democratic process.

As recent reporting shows, this threat to voters is compounded by the potential for this requested information to be misused by other agencies, including the U.S. Department of Homeland Security (DHS) for immigration enforcement.

Our elections already have numerous safeguards in place to make sure only U.S. citizens participate — a responsibility that election officials take seriously.

“This overreach by the federal government is an attempt to seize personal information and take control over our elections when the Constitution gives the power to regulate and administer elections to the states or Congress,” said Brent Ferguson, director of strategic litigation at Campaign Legal Center. “Voters should have confidence that their information is secure. Attempts by the DOJ to retrieve sensitive voter data are an attack on Americans’ privacy and freedoms, including the freedom to vote.”

“The DOJ’s demands for the voter files are one element of the Trump administration’s concerted effort to undermine American elections,” said Eileen O’Connor, senior counsel at the Brennan Center for Justice. “If its requests succeed, the department could amass a federal database of personal information about every registered voter in the country. The government could misuse this data to concoct more false claims about election fraud, target political opponents, or try to force states to remove voters from the rolls.”

Our democracy is strongest when every eligible voter can exercise their freedom to vote, and the League of Women Voters, Campaign Legal Center and the Brennan Center intend to work together to protect that freedom.

###

The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

Learn more about CLC. Don't miss out on our latest resources: Subscribe to President Trevor Potter's newsletter on LinkedIn or email, tune in to the latest season of our award-winning podcast, Democracy Decoded, and join our livestreamed events

Campaign Legal Center Shines a Light on the Trump Administration’s Transactional Approach to Governing

Date
Body

Washington, DC — Campaign Legal Center (CLC) has published a new resource that tracks and analyzes specific instances in which President Donald Trump’s administration has rewarded big donors with benefits, exposing the overtly and unprecedentedly transactional nature of President Trump’s second term. This tracker is not only a valuable resource that catalogs the benefits the Trump administration has effectively put up for sale, but it also offers a full slate of political and legal solutions that demonstrate that this corruption is not just preventable, but reversible. 

CLC researchers and legal experts highlight and contextualize dozens of the most egregious instances of wealthy individuals, CEOs, corporations and foreign governments trading contributions and investments for huge political favors in return — including everything from dropped federal investigations to high-level political appointments. 

“Allowing money to dominate our political process creates a breeding ground for corruption. President Trump has repeatedly shown that those who financially support his interests will be rewarded in turn, while his administration ignores ethics requirements and serves his wealthy donors ahead of everyday Americans,” said Saurav Ghosh, director for federal campaign finance reform at Campaign Legal Center. “To help hold our elected officials accountable, Campaign Legal Center is highlighting the most egregious examples of pay-to-play corruption while explaining how these transactions are hurting the American public.” 

This resource is the first of its kind to offer a full picture of the pay-to-play corruption in the current administration. CLC will continue to update this tracker with the latest instances of these transactions as they occur. 

If you have any questions or would like to speak further to the team behind this project, do not hesitate to reach out. The tracker can be found here.