Pushing the FEC to Enforce the Law Against the NRA for Illegal Spending Coordination — Giffords v. FEC

At a Glance

CLC Action filed suit against the FEC after it failed to announce any action on four complaints alleging illegal coordination between the NRA and seven federal campaigns via common vendors. CLC Action is suing the FEC to force it to hold the NRA accountable for violating the laws designed to limit money’s influence on politics.

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About This Case/Action

In 2018, Campaign Legal Center (CLC) and Giffords filed four separate administrative complaints with the Federal Election Commission (FEC) alleging that the National Rifle Association (NRA) violated the Federal Election Campaign Act by using a series of shell corporations to make millions of dollars of unreported contributions to at least seven federal candidates since 2014.

The political and media consulting firm OnMessage set up a shell corporation called Starboard. According to their incorporation documents, the firms not only share an address, but share the same leadership. OnMessage has also taken credit for advertisements contracted through Starboard, including accepting and promoting industry awards for ads created by Starboard.

The NRA contracts with Starboard to produce advertisements in support of federal candidates. At the same time, the candidates contract with OnMessage for their own media and advertising needs.

Both the NRA and the candidates it supported place their ads through a media firm called National Media. To further hide this coordination, the NRA ads are typically placed under a separate trade name used by National Media called Red Eagle, while the candidate ads are typically placed by National Media affiliate American Media and Advocacy Group. There are several instances the same employee placed ads for both the NRA and the candidates the NRA supported, and in some cases ads were placed for both groups by the same employee on the same day.

This scheme appears designed to evade detection of violations of the laws governing coordination between campaigns and outside groups and, in doing so, facilitated as much as $35 million in illegal, unreported contributions from the NRA to at least seven federal campaigns.

The FEC regulates the use of common vendors for media placement because the targeting of political ads is a critical element of a campaign effort. If the NRA possessed inside knowledge of these campaigns’ strategies thanks to common vendors, it could strategically time and target its ads to complement the campaigns’ own efforts. 

That would make the expenditures anything but “independent.” Vendors that work for both candidates and outside groups may be able to comply with federal election law by establishing a firewall segregating employees who work for outside groups from those who work for campaigns, and ensuring that information is not shared between the two sides. No such firewall exists, however, when the same employees are placing ads for both the NRA and the candidates the NRA supports.  

Through the shell company scheme described above, the NRA used inside information about candidates’ media and advertising strategy to create and place supposedly ‘independent’ ads supporting those candidates. This coordination creates an unfair advantage for the candidates, and violates the law. According to the U.S. Supreme Court, groups like the NRA can only make unlimited expenditures if they are truly independent of the candidates they support. It falls to the FEC to enforce the laws that preserve that independence and prevent corruption.

Plaintiffs

Giffords Law Center to Prevent Gun Violence

 

Defendant

Federal Election Commission

National Redistricting Experts Condemn Missouri House Gerrymandering Proposal

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New House plan would gut constitutional requirements for fairness, transparency and independence in redistricting

JEFFERSON CITY, MO – National experts on nonpartisan redistricting policy joined Missouri citizens in condemning the gerrymandering proposal moving in the Missouri House that would roll back redistricting reforms passed overwhelmingly by voters in 2018.

“Missouri politicians should listen to their voters, who supported fair maps by an almost 2-to-1 margin in November,” said Chris Lamar, legal counsel, redistricting, at Campaign Legal Center (CLC). “This stealth gerrymandering plan proposed by self-interested politicians would overturn the will of the people, making it harder to achieve the independent redistricting process voters sought when they passed Amendment 1.”

"HJR 48 is a big step backwards from the fair map reforms overwhelmingly passed by Missouri voters last November," said Michael Li,  Senior Counsel at the Brennan Center for Justice. "In place of the strong community-focused rules approved by voters, it would require splitting apart towns and cities and make partisan fairness subordinate to artificial and abstract notions of compactness. This is the exact opposite of good reform."

New language for House Joint Resolution 48 was introduced and passed last week in committee without a thorough vetting or review. It would:

  • Overturn the will of 1.4 million Missourians who supported the Clean Missouri Amendment,

  • Allow lobbyists and partisan political appointees to gerrymander maps to advance their own interests,

  • Allow communities to be split up by political appointees in the name of 'compact' districts,

  • Eliminate the requirement that data used for map drafting be made open to the public, and

  • Remove the nonpartisan independence added to the state's map-drawing process.

In November 2018, Missourians overwhelmingly supported a new, fair redistricting process that took away the influence of lobbyists and insiders when crafting new legislative maps. In its place, 1,469,093 voters enacted a new system with checks and balances to create districts where candidates will have to work hard to earn their votes, where lobbyists and political insiders can no longer rig the system, and to ensure that no political party gets an unfair advantage in any new maps.

Amendment 1 endorsements in 2018 included:

  • Campaign Legal Center

  • Organization for Black Struggle

  • Missouri Jobs With Justice

  • A. Philip Randolph Institute – St. Louis Chapter

  • Coalition of Black Trade Unionists

  • Common Cause

  • Communities Creating Opportunity

  • DEMOS

  • Metropolitan Congregations United

  • Missouri AFL-CIO

  • Missouri Faith Voices

  • Missouri Association of Trial Attorneys

  • MORE2

  • NAACP Missouri State Conference

  • Service Employees International Union

  • The League of Women Voters

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Amendment 1 was also endorsed by Rev. Starsky Wilson, Rev. Dr. Rodney E. Williams, Rev. Dr. Cassandra Gould, Pastor Michael Brooks, Rev. Tex Sample, St. Louis Treasurer Tishaura Jones, the St. Louis American, Kansas City Call, Kansas City Star, St. Louis Post-Dispatch, Washington Missourian, and Columbia Daily Tribune.

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Mueller Report Confirms Extreme Vulnerability of American Elections

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Addressing foreign interference should be treated as a national priority because it is an urgent national security threat

WASHINGTON – Today, U.S. Attorney General William Barr released a redacted version of the “Report on the Investigation of Russian Interference in the 2016 Presidential Election.” Special Counsel Robert Mueller's investigation found three main Russian efforts to influence the 2016 election. The first involved attempts by a Russian organization, the Internet Research Agency (IRA), to conduct a disinformation campaign and social media operations in the United States designed to sow social discord, with the aim of interfering with the election. The Special Counsel brought criminal charges against 12 Russian citizens and three Russian entities for conspiracy to defraud the United States. The second element involved the Russian government's successful computer hacking operations that obtained and disseminated emails through intermediaries to influence the election. The third is the large number of contacts between Russians and senior officials of the Trump campaign, including Donald Trump Jr. and Jared Kushner.

Trevor Potter, President of Campaign Legal Center (CLC), and a former Republican Chairman of the Federal Election Commission, released the following statement:

“The Mueller report’s findings highlight the need to treat foreign interference as a national priority because it is an urgent national security threat. Details uncovered in the investigation lay bare the extent to which Russia conducted an organized campaign of information warfare against America with the goal of spreading chaos and distrust in our elections. The facts are disturbing: millions of Americans went to the ballot box in 2016 without knowing that a foreign adversary had taken extraordinary steps to pose as American political activists online, purchase political ads, and hack a major party nominee and campaign committee. While the Special Counsel found that the activity of the Trump campaign did not meet the high standards for a criminal felony indictment, the report is replete with evidence of contacts and meetings with foreign actors seeking to influence the 2016 presidential election. 

Russia spent a large sum of money on ads that explicitly supported or opposed a presidential candidate. These ads were not subject to reporting – and Congress must work to change this law for digital ads. It is time to focus on how we can strengthen our election system to prevent foreign interference through illicit online activity, and to clarify our campaign laws so that the opportunity no longer exists for foreign actors to influence elections. We should work to find consensus among our leaders in Washington on transparency measures that would shine a light on foreign money pouring into American elections. We cannot lose sight of the message Mueller delivered with this investigation: a foreign adversary tried to subvert American democracy and they – or other countries that do not wish the U.S. or our democracy well – will do it again if given the chance. Our country’s longstanding concerns about foreign interference are rooted in democratic self-governance and national sovereignty. American people of all political stripes – regardless of who they voted for in 2016 – should look beyond one election outcome and call on Congress to protect our country from any foreign entity that may use the Russian model to intervene in 2020 and beyond.”

CLC Opposes Tennessee’s Proposed Restrictions to Voter Registration Drives

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Proposed new rules are confusing and vague and would deter groups from helping others register to vote through harsh criminal and civil penalties

WASHINGTON – Campaign Legal Center (CLC) and a collective of national civil and voting rights organizations sent a letter to the Tennessee General Assembly asking them to reject bill SB971/HB1079 that would create burdensome requirements, threatening civil and criminal penalties for individuals and groups conducting voter registration drives. The bill, scheduled for a vote in the House Monday, will intimidate groups from conducting community-based drives to avoid the risk of being subject to the bill’s severe penalties.

In a state that struggles with voter registration and turnout, leaders should look for ways to encourage activities like voter registration drives, but these new restrictions will have the exact opposite effect.

The letter outlines several issues that make this bill a threat to efforts to make democracy more accessible to all Americans. The language used in the bill is vague and makes it unclear who must follow the requirements - for example, it heavily penalizes voter registration drives for handing in registration forms “deemed deficient” without explaining clearly who is subject to the rule and what would considered a “deficient” form, and it adds poorly-defined criminal penalties for honest mistakes. Tennessee’s criminal laws already protect voters and prohibit voter registration fraud, making these vague, onerous new restrictions unnecessary.

The bill also requires state-sponsored training without ensuring groups can actually participate, another provision with the threat of criminal prosecution. As written, this bill has no requirement that training be made available on any schedule or timeframe, or that it be made available on-demand online or otherwise.

In the letter, the organizations encouraged policymakers to “instead focus on modernizing Tennessee’s registration and election administration to promote participation and bring more eligible citizens into our democracy.”

Inspector General Investigating Ethical Misconduct by Newly Confirmed Interior Secretary David Bernhardt, Following CLC Complaint

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WASHINGTON – Today, the Office of Inspector General (OIG) for the Department of the Interior confirmed by letter that it has opened an investigation into ethical misconduct by then-Deputy Secretary of the Interior, David Bernhardt, following CLC’s complaint filed on February 28. Bernhardt was confirmed as Interior Secretary by the U.S. Senate on April 11.

“The story of David Bernhardt is a classic story of the problem with lobbyists passing through Washington’s revolving door. Today’s news confirms that Bernhardt’s conduct raises serious ethical questions, including  whether he has exploited his power to advance the interests of the lobbying groups that used to pay his salary, potentially at the expense of the public,” said Delaney Marsco, ethics counsel at CLC. “We are pleased to hear the Inspector General is investigating Bernhardt’s potential conflicts of interest. We hope the IG recommends that Bernhardt separate himself from Interior matters that may benefit his former lobbying clients for the entirety of his government service. To avoid a tenure marred by ethics scandals similar to cabinet officials like Ryan Zinke and Scott Pruitt, Bernhardt should ensure that his actions avoid even the appearance of favoritism.”

According to CLC’s complaint, before joining Interior, Bernhardt lobbied on specific provisions of a law that aimed to minimize endangered species protections and maximize water supplies for his client. Bernhardt then joined Interior and used his official authority to institutionalize the same provisions that he had lobbied on, in violation of his ethics pledge and his ethical obligations.

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CLC v. ICE (North Carolina FOIA)

At a Glance

CLC filed suit against ICE for its failure to produce documents in response to CLC’s FOIA request related to its efforts to obtain individual voter registration and election data from state and county officials in North Carolina.

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About This Case/Action

Campaign Legal Center (CLC) filed suit against U.S. Immigration and Customs Enforcement (ICE) for its failure to produce documents in response to CLC’s Freedom of Information Act (FOIA) Request.

On August 31, 2018, the U.S. Attorney’s Office for the Eastern District of North Carolina (USAO) issued subpoenas on behalf of ICE to the North Carolina State Board of Elections and 44 county boards of elections (collectively, NCSBE) and the North Carolina Division of Motor Vehicles (NCDMV).

The subpoenas sought “any and all North Carolina voter registration applications and supporting documents” from 2010 through 2018. North Carolina election official estimated that these requests would encompass “millions of documents” and described the volume of the requests as “the most exhaustive on record” and “so massive as to be absurd.”

Public reporting suggests that these subpoenas are related to a continuation of the now-defunct Presidential Advisory Commission on Election Integrity (PACEI), which sought to procure evidence to support longstanding claims of widespread voter fraud asserted by its vice chair, former Kansas Secretary of State Kris Kobach. After PACEI was disbanded in January 2018, Kobach suggested that its mission and functions should be assumed by the Department of Homeland Security (DHS).

ICE is a component agency of DHS that investigates allegations of illegal voting by noncitizens. The USAO has been aggressively targeting foreign-born North Carolina residents in its efforts to unearth rare cases of voter fraud. USAO and ICE’s pursuit of this information is consistent with a broader national pattern of overzealous pursuit of (largely phantom) non-citizen voting, which has repeatedly resulted in federal courts overturning discriminatory conduct by government officials.

The deadline for production of these documents was originally set for September 25, 2018, but early that month, the USAO postponed the deadline for compliance to January 2019 while they negotiated with the North Carolina Attorney General to narrow the scope of the document requests.

On October 2, 2018, CLC submitted a FOIA Request to ICE requesting documents related to ICE’s communications with other federal agencies, external organizations, or individuals regarding ICE’s attempts to acquire voter registration data in North Carolina. ICE failed to respond or even acknowledge CLC’s Request until December 7, 2018—over two months after the date of the Request. Over the next several months, CLC followed up with ICE no less than five times, and yet ICE has failed to provide a single responsive document or an expected timeline for compliance with CLC’s request.

CLC is filing suit to ensure that ICE and the USAO’s actions are not inappropriately driven by political motivations, and that North Carolinians’ voter registration information remains protected and secure.

Plaintiffs

CLC

Defendant

U.S. Immigration and Customs Enforcement