Washington, DC – Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) alleging that Louisiana U.S. Congressional candidate Lance Harris violated the law by using his state campaign committee to fund a federal super PAC supporting his run for Congress and illegally coordinated with that same super PAC.  

Harris is a Louisiana state legislator and a candidate in Louisiana’s 5th Congressional District. On Sept. 4, 2020, Harris’ state campaign committee transferred $120,000 to the Stand for Truth super PAC. Within days of receiving those funds, the once-dormant super PAC spent over $100,000 supporting Harris. Before receiving the transfer, Stand for Truth had less than $6,000 in cash-on-hand, so the infusion of funds from Harris almost entirely financed the super PAC’s pro-Harris spending.

“Lance Harris illegally funded a federal super PAC using his state campaign funds, and the super PAC then illegally spent that money supporting Harris’ run for Congress,” said Brendan Fischer, federal reform director for CLC. “State campaign funds cannot be used in federal elections, and super PACs must operate independently of candidates, but Harris engineered a scheme to violate both of those laws.”

Federal law prohibits Congressional candidates like Harris from using state campaign funds to support their federal run for office. State-level contributions are subject to different rules than federal-level contributions. When a candidate uses funds raised under state rules, they can evade federal laws designed to guard against corruption 

In addition, the evidence indicates that the Harris campaign illegally coordinated with the super PAC that received the funds. Stand for Truth ran its pro-Harris ads just days after receiving the money from Harris and hired the same vendor as the Harris campaign to research and create the pro-Harris ads. The timing and circumstances of these transfers and expenditures strongly indicate that the super PAC ran the pro-Harris ads at the request or suggestion of Harris’ campaign, and in coordination with the campaign.

Campaign finance law allows super PACs to raise unlimited amounts of money, but only if they operate independently of the candidates they support. The FEC has rules prohibiting coordination between super PACs and campaigns, which include restrictions on how a vendor may work for both a candidate and an outside group supporting that candidate. If super PACs and campaigns coordinate, then big-money contributions to the super PAC function like direct contributions to the candidate and greatly increase opportunities for corruption. Voters should know who is trying to influence their vote and our government.

The FEC must investigate and hold all parties accountable for their blatant disregard for campaign finance laws.  

Washington, DC – Today, Campaign Legal Center (CLC) filed new complaints with the Federal Election Commission (FEC) alleging that six government contractors violated the ban on active federal contractors making political contributions.

Marathon Petroleum, Amedisys, Kirby Smith Machinery, Excel Dryer, Inc., DTE Energy Company, and TonerQuest, all have active government contracts and according to recent campaign finance reports, together donated over $1,080,000 to several super PACs while holding active federal contracts.

The FEC is responsible for enforcing the laws that govern the U.S. campaign finance system for campaigns for president and Congress.

“The ban on federal contractors making political contributions protects against the appearance or reality that taxpayer-funded contracts are for sale, and big super PAC contributions run a substantial risk of buying influence,” said Brendan Fischer, federal reform director at CLC. “Federal contractors should be on notice that they are barred from donating to super PACs. Given the FEC’s general reputation for dysfunction, perhaps these federal contractors thought they could give to super PACs and get away with it, but the FEC has a record of enforcing the contractor contribution ban.”

Marathon Petroleum donated $500,000 each to Congressional Leadership Fund super PAC and Senate Leadership Fund super PAC. This Ohio-based company has a Department of Defense contract worth up to $1.9M.

Amedisys, has several federal contracts and grants, including a two-year indefinite delivery vehicle contract with the Department of Veterans Affairs. The Louisiana-based company donated $25,000 to the Senate Leadership Fund super PAC.

TonerQuest donated $25,000 to President Trump’s America First Action. This New York-based company has two ten-year federal contracts with General Services Administration (GSA).

DTE Energy Company, a Michigan based company, donated $15,000 to American Working Families super PAC. It is the recipient of a ten-year contract with the Department of Veterans Affairs and a contract with the Department of Defense.

Excel Dryer, Inc. also donated $10,000 to American Working Families, a super PAC that was active in the Massachusetts first congressional Democratic primary race of Richard Neal. This company was the recipient of a 15-year contract with General Services Administration (GSA).

Kirby Smith Machinery, which has numerous federal contracts and grants including a contract with the Department of Defense, donated $10,000 to Restore Oklahoma, a super PAC supporting Stephanie Bice in the Oklahoma 5th congressional race.

The FEC has a record of enforcing the contractor contribution ban. Earlier this year, the FEC fined the federal contractor Alpha Marine Services $17,000 for contributing to the super PAC Congressional Leadership Fund, following a CLC complaint.

Last year, also in response to a CLC complaint, the FEC fined federal contractor Ring Power Corp. $9,500 for giving to a super PAC supporting Sen. Rick Scott.  In 2017, after CLC filed a complaint, the FEC fined federal contractor Suffolk Construction Company $34,000 for giving to a super PAC supporting Hillary Clinton’s campaign. In each of these cases, the FEC fined the federal contractor even though the contributions were refunded following CLC’s complaints.

NEW HAVEN, CT - As concerns about voter intimidation grow ahead of the Nov. 3 election, Campaign Legal Center (CLC) in conjunction with students from the Yale Law School Peter Gruber Rule of Law Clinic, Monday published comprehensive guides in key states to protect the rights of voters and prevent voter intimidation.

Students in the Rule of Law Clinic developed the guides, which were published on CLC’s DemocracyU website. The guides offer a full range of information on federal and state laws and resources protecting voters from intimidation, including rules on electioneering, polling place conduct, observers, firearms, law enforcement, mask mandates and similar topics. They also provide examples of illegal tactics, and points of contact if voters experience intimidation. Students developed guides for Arizona, Florida, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.

Concern about voter intimidation is high in advance of the election, given the tense national political environment and threats, rhetoric and aggressive activity from some political groups and actors. There have already been a number of incidents reported at early voting sites across the country.

However, federal law and laws in every state offer strong protection to voters against intimidation, threats and harassment. State laws also generally require election officials to maintain a safe and orderly voting environment. The guides are intended to make sure that voters and advocates are aware of the rights and protections provided by law, so that they can exercise their right to vote freely, safely and privately. 

“The law is clear: every American has the right to vote free from intimidation and harassment,” said Danielle Lang, Co-Director of Voting Rights & Redistricting at CLC. “As these guides explain, state and local election officials have a duty to ensure a safe environment for voters at the polls.”

“Developing these guides made clear the full range of legal protections provided to voters so that they can cast their ballots without fear,” said Alex Boudreau ’21, a clinic member. “We hope these guides will prove useful as voters exercise their rights this election cycle, and beyond.”

Students developed the state-by-state guides in partnership with Lang and CLC. CLC advances democracy through law, fighting for every American’s right to participate in the democratic process. The organization uses tactics such as litigation, policy advocacy, communications and partnerships to win victories that result in a more transparent, accountable and inclusive democracy. CLC’s DemocracyU website provides toolkits and information to voters and community members participating in the democratic process.

Yale Law School students and Rule of Law Clinic members Pirzada Ahmad ’21, Alex Boudreau ’21, Lisa Chen ’21, Kate Hamilton ’22, Laura Pietrantoni ’21, Matthew Quallen ’21 and Georgia Travers ’21 worked on the guides. They were supervised by Lang and Clinical Lecturer in Law Hope Metcalf, Executive Director of the Orville H. Schell, Jr. Center for International Human Rights.

The Yale Law School Peter Gruber Rule of Law Clinic addresses issues of national security, antidiscrimination, climate change and democracy through litigation, policy advocacy and strategic planning.

CLC DemocracyU: Protecting Voters from Intimidation

For additional information, please contact Corey Goldstone at [email protected].