Campaign Legal Center Letter Responds to President Trump’s Unlawful Attempt to Exert Control Over the FEC
Washington, D.C. — Campaign Legal Center (CLC) today urged commissioners of the Federal Election Commission (FEC) to “quickly, unanimously and unambiguously reject” President Donald Trump’s unconstitutional attempt to seize the commission’s powers via the executive order (EO) entitled “Ensuring Accountability for All Agencies” — which, if adhered to, would have disastrous effects on our election system.
Issued February 18, this EO claims to require all independent agencies to run all new policies, rulings and regulations by the president.
“President Trump’s executive order is a major abuse of presidential authority that violates the rule of law,” said Trevor Potter, president and founder of Campaign Legal Center and former Republican chairman of the FEC. “Unlike most other federal agencies, the FEC is responsible for enforcing the law against the president as both a candidate and as a holder of federal office. Our election laws help ensure candidates and officeholders are accountable to voters. They also make elections more transparent by helping everyday Americans understand who is trying to influence their vote and elected officials. It is crucial that the agency retain its independence from the White House, so it is able to hold the president — any president — and their political party accountable.”
President Trump’s attempt to diminish the independence of independent agencies — essentially turning them into extensions of his White House — is well outside the scope of his power. As the FEC is a rare agency with powers to regulate the president, Congress purposefully did not give the president authority over the agency’s ability to fulfill its statutory duties of interpreting, administering and enforcing federal campaign finance law.
When the FEC is unable to enforce the laws that bring transparency to election financing and stop coordination between special interests and candidates, wealthy donors can dominate election spending and exert more influence. In turn, political candidates become even more dependent on wealthy donors.
A well-functioning, independent FEC is essential for keeping our democracy in the hands of everyday Americans and preventing wealthy special interests from rigging the system in their favor.
###
Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.
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.
How Democracy Vouchers Make Elections More Inclusive: A Conversation With Jen Heerwig and Brian McCabe
Running for office today comes with a hefty price tag.
It requires a network of wealthy donors who can foot the campaign bill. With every election cycle, the influence of these megadonors becomes stronger than the voices of everyday Americans in local, state and federal elections.
The 1972 Watergate scandal showed just how much corruption can take place in campaigns. After Watergate, Americans called for new laws to shed light on how presidential elections are paid for. This movement gave birth to what we now know as a “public financing” model.
Victory! Anti-Voter Laws in AZ Struck Down Following Court of Appeals Decision
San Francisco, CA — Today, the 9th U.S. Circuit Court of Appeals affirmed a previous victory for voters in Arizona by ruling that two laws that suppress the rights of voters should remain blocked.
“Our democracy works best when every American can participate in it without barriers. We’re glad that the 9th Circuit sees these laws for what they are: anti-voter. These laws would have imposed severe, arbitrary and discriminatory burdens on Latino, Native and student voters in Arizona — undermining their freedom to vote and violating the Constitution and federal law," said Danielle Lang, senior director of voting rights at Campaign Legal Center. “CLC is proud to have worked alongside our clients — Living United for Change in Arizona (LUCHA), the League of United Latin American Citizens (LULAC), Arizona Students’ Association (ASA), the Inter Tribal Council of Arizona (ITCA), the San Carlos Apache Tribe, Arizona Coalition for Change, and Arizona Democracy Resource Center (ADRC) — to ensure Arizonans can cast their ballots without unfair burdens.”
“The increased participation of Arizona citizens in our elections should have been cause for celebration; instead, the Arizona legislature responded by erecting unlawful and unconstitutional barriers that most severely affected voters of color—laws that harmed voters and undermined Arizona’s democratic system, which only succeeds if voters have the right and ability to cast their ballots. The Ninth Circuit’s important ruling protects voters, our Constitution, and our voting laws. It is a victory not just for our clients, but for all people who want to protect voters and the health of our democracy,” Courtney Hostetler, legal director, Free Speech For People.
Background:
Free and fair elections rely on every eligible voter having the ability to access the ballot box.
CLC filed the lawsuit (consolidated as Mi Familia Vota v. Fontes) with Barton Mendez Soto PLLC, Mayer Brown LLP, Free Speech for People, and the San Carlos Apache Tribe Department of Justice on behalf of Latino, Native and student voters who would be negatively impacted by the law, which forces voters to produce documentary proof of citizenship and residency to register to vote.
State election officials already have existing systems in place to verify voter eligibility, and they work tirelessly to ensure voter rolls are accurate. As a result of these efforts, voters can trust that our elections are safe, secure and accurate.
Oral Arguments Begin in Case That Could Close Campaign Finance Loopholes Exploited by Wealthy Special Interests
Washington, DC — On Tuesday, February 25, the full D.C. Circuit Court will hear oral arguments in End Citizens United’s (ECU) lawsuit against the Federal Election Commission (FEC). The lawsuit challenges the FEC’s wrongful dismissal of ECU’s complaint against Senator Rick Scott and New Republican PAC for breaking campaign finance law. Campaign Legal Center Action is representing ECU in this case.
“This case has the potential to set a crucial precedent for campaign finance enforcement,” said End Citizens United President Tiffany Muller. “For too long, the FEC has used prosecutorial discretion as a shield to avoid enforcing the law, allowing politicians to break anti-corruption laws with impunity. If the court rules in our favor, it will ensure that dismissals of complaints are subject to judicial review. Only with this judicial check can the Commission be held accountable to enforce the law and protect the integrity of our elections.”
“The FEC can no longer hide its refusal to enforce the law,” said Kevin Hancock, Director for Strategic Litigation at Campaign Legal Center. “When campaign finance laws are violated, wealthy special interests are able to drown out the voices of everyday Americans and rig the system in their favor. The court must now step in where the FEC abandoned its duty — it must uphold the law and defend voters’ right to know who is spending to influence their vote.”
The case stems from a 2018 complaint in which Rick Scott, while running for U.S. Senate, coordinated with New Republican PAC, a super PAC that spent over $29 million to support his election. At the core of the original complaint is Scott’s role as chairman of the super PAC from May 2017 through at least the end of that year. During that time, the super PAC’s purported mission was to support President Trump. But the very same day Scott launched his bid for Senate in April 2018, New Republican PAC declared in a press release that it was now “focused on the election of Rick Scott” and subsequently spent significantly to support his election.
Despite the FEC’s general counsel concluding there was reason to believe Scott broke the law and recommending further investigation, the FEC dismissed the complaint, split 3-3 in a deadlock along party lines.
If you have further inquiries, please reach out to [email protected].
###
Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy. Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.
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 Challenges Tennessee’s Arbitrary Rights Restoration Process for Voting
NASHVILLE, T.N. — Today, Campaign Legal Center (CLC) is appearing in Davidson County Chancery Court in Nashville, Tennessee for a hearing. CLC filed a lawsuit in December 2024 on behalf of Ernest Falls to compel Mark Goins – Tennessee’s Coordinator of Elections – to notify Mr. Falls’ county election officials that his constitutional right to vote has been restored. This lawsuit, which was filed in conjunction with Free Hearts and Sherrard Roe Voigt & Harbison, PLC, is the latest attempt to challenge the state’s arbitrary rights restoration process that deprives impacted residents of their ability to actively participate in the democratic process.
“Our democracy is strongest when our elections are more inclusive and accessible to everyone who can participate in the process,” said Blair Bowie, director of Restore Your Vote at CLC. “When election officials change the rules for rights restoration arbitrarily, as is the case in Tennessee, people like Ernest Falls continue to be wrongfully excluded from the democratic process. The state of Tennessee must change course and affirm the right of citizens like Mr. Falls to vote.”
In 1986, Ernest Falls was convicted of a single felony in Virginia for which he has long since served his sentence. Since moving to Tennessee six years ago, Mr. Falls has navigated a complex and shifting obstacle course in order to restore his right to vote.
The Tennessee Division of Elections, led by Coordinator Mark Goins, has imposed ever-changing requirements on Tennesseans like Mr. Falls who are seeking to restore their right to vote. Despite spending years in litigation and trying to comply with shifting requirements, Mr. Falls is still unable to vote in the state of Tennessee.
While reforms to rights restoration laws are ongoing, millions of Americans nationwide with past felony convictions have been systemically deprived of their right to vote. Tennessee likely has the highest rate of disenfranchisement in the United States because over 470,000 citizens — including over 21 percent of Black voters — cannot vote in the state due to prior felony convictions.
“Mr. Falls did everything required, yet Tennessee officials keep changing rules, just like they do for hundreds and thousands of others,” said Dawn Harrington, executive director of Free Hearts. “We have to keep standing together and fighting to stop this injustice and Free the Vote."
Despite the challenges that people like Ernest Falls face to vote, Tennesseans across the political spectrum are overwhelmingly in favor of rights restoration. CLC will keep pushing for states like Tennessee to follow its law to restore the rights of people with previous felony convictions to vote so that they can be full participants in the democratic process.