Campaign Legal Center Files FEC Complaints Against Both Major Party Presidential Candidates and Their Supporting Super PACs

WASHINGTON – The Campaign Legal Center today filed complaints with the Federal Election Commission alleging that three super PACs – one supporting Hillary Clinton (Correct the Record) and two supporting Donald Trump (Rebuilding America Now and Make America Number 1) – have violated federal election law by coordinating with the two major party candidates.

“We have been forced to file these complaints because a dysfunctional FEC has been sitting idly by as the campaigns of the presidential candidate of both major parties are involved in unprecedented coordination with super PACs in violation of the law,” said Larry Noble, general counsel for the Campaign Legal Center. “These are not minor or technical violations. According to the Supreme Court, unlimited campaign spending by wealthy interests can corrupt candidates unless totally independent of a campaign. Giving a large contribution to a super PAC that is coordinating with the Trump or Clinton campaign is the same as giving it directly to the campaign and buys the same direct access and influence over that candidate.”

Both Trump and Clinton have made fixing our “rigged” or broken political system a key talking point of their campaigns to rally supporters. But our complaints present clear evidence that the campaigns are ignoring current law by coordinating with their super PACS. No other presidential candidates have previously defied anti-coordination laws in this way.  

“If either candidate is allowed to get away with these schemes, there is no doubt that the new loopholes they’ve created will be exploited by billionaires and corporations across the political spectrum,” said Brendan Fischer, associate counsel for the Campaign Legal Center. “The two major candidates for the most powerful office in the world apparently feel that the rule of law does not apply to them, perhaps because they assume that the FEC is too dysfunctional to enforce the campaign finance laws that exist. The question for both Clinton and Trump is what, specifically, are they going to do to fix the broken system they are exploiting.”

About Our Complaints:

• Correct the Record: The Clinton-supporting super PAC, Correct the Record, asserts it can coordinate directly with the Clinton campaign as long as it doesn’t run paid advertising. Clinton’s attorneys are relying on a narrow 2006 FEC regulation that declared that content posted online for free, such as blogs written by unpaid volunteers, is off limits from regulation. But Correct the Record is not a volunteer blogging operation. It is a $6 million professional opposition research, surrogate training and messaging operation staffed with paid professional employees and operating out of a high-rise Washington, D.C. office building.
  
  Because Correct the Record is effectively an arm of the Clinton campaign, million-dollar-plus contributions to the super PAC are indistinguishable from contributions directly to Clinton – and pose the same risk of corruption.
   
• Rebuilding America Now: Two of Trump’s senior staffers formed the Rebuilding America Now super PAC almost immediately after leaving the campaign – in violation of FEC rules requiring a 120-day “cooling off” period, which are intended to keep former staffers from using their knowledge of a campaign’s strategy and needs to develop ads for an “independent” group. The former Trump staffers make the legally baseless claim they can ignore the 120-day rule because they weren’t paid by the campaign, an extraordinary assertion that undermines the rule’s anti-coordination purpose. 
   
• Make America Number 1: Trump supporting-super PAC, Make America Number 1, is also intertwined with the Trump campaign. Trump’s campaign manager and deputy campaign manager are both former presidents of the super PAC – and reportedly were hired at the behest of Make America Number 1’s chair, Rebekah Mercer. What’s more, both the Trump campaign and the super PAC use the same data analytics firm – owned by the Mercer family – to target voters and develop ad content. 
  
  The Mercer family, which has poured millions into Make America Number 1, appears to have a level of influence over the campaign commensurate with having made millions in contributions directly to Trump. This may not be surprising, since as the Supreme Court has noted, coordinated expenditures “will be as useful to the candidate as cash.” Given the close relationship between Make America Number 1 and the Trump campaign, the Mercers’ millions in contributions to Make America Number 1 raise the same concerns about corruption and improper commitments as if the Mercers had donated directly to the campaign.

WASHINGTON — The U.S. Supreme Court today declined to grant certiorari and hear an appeal of the Wisconsin Supreme Court ruling that shut down the criminal investigation into possible illegal coordination between Wisconsin Gov. Scott Walker and special interest groups  during Walker’s 2012 recall election.

Brendan Fischer, associate counsel for the Campaign Legal Center, issued the following statement in reaction to court’s denial of cert in Chisholm v. Two Unnamed Petitioners:

“It’s important to recognize that a denial of cert does not mean the U.S. Supreme Court endorses or sanctions the actions of Gov. Scott Walker, his dark money group or the Wisconsin Supreme Court. Given the split on the U.S. Supreme Court, it is perhaps not surprising that the justices declined to wade into this politically charged, highly complex case that raises difficult legal issues that may divide the court.

Gov. Walker secretly told out-of-state donors they could support him by secretly giving to Wisconsin Club for Growth which, he emphasized, could accept corporate contributions without limit. Walker’s campaign adviser controlled how Wisconsin Club for Growth spent the money, and after winning reelection, Walker signed legislation advancing the interests of the secret donors.

Anyone who looks at the evidence in this case, recently published by The Guardian, would come to the conclusion that this is not how our political system should work. What this tells us is that we need a functioning Supreme Court that can clarify and improve its current jurisprudence on the role of money in politics.”

Read Brendan Fischer’s piece highlighting the disturbing facts of this case.

The Campaign Legal Center, the Voting Rights Institute, and the law firm of Jenner & Block, alongside a star-studded team of civil rights lawyers, today filed a lawsuit in Alabama district court on behalf of U.S. citizens with past felony convictions who have been denied the right to vote due to the state’s strict, discriminatory and arbitrary felony disenfranchisement system.

The lawsuit, Thompson v. Alabama, calls for the court to rule the law is racially discriminatory, unconstitutional and a violation of the Voting Rights Act. The lawsuit also asserts a theory that, if successful, could sharply limit the scope of permissible felon disenfranchisement nationwide, arguing that the 14th Amendment does not allow the blanket disenfranchisement of citizens for minor non-violent offenses that are irrelevant to voting.  

“Today we begin the journey on behalf of a quarter million Alabama citizens who have felony convictions and who have been disenfranchised by this system.  Citizens with past felony convictions work and pay taxes, and should have a say in deciding their community’s and the nation’s laws that directly impact their lives,” said Gerry Hebert, executive director of the Campaign Legal Center. “Denying these citizens with past felony convictions the opportunity to fully integrate as members of society sends the message that they will permanently be treated as second-class citizens.”

Felony disenfranchisement laws silence the voices of 5.85 million citizens nationwide who are banned from the polls today. In Alabama, the law disenfranchises about 15 percent of black adults or more than 130,000 black citizens.

Some U.S. states have no restrictions on voting and the majority of states limit disenfranchisement to time in prison or on parole and probation. Only 12 states, including Alabama, permanently disenfranchise some or all citizens convicted of felony offenses.

Alabama’s law is particularly discriminatory in that it requires voters to pay fines and fees to restore their voting rights. A requirement that a U.S. citizen with a past felony conviction must pay “all legal financial obligations in order to be eligible to restore her voting rights constitutes a poll tax and violates the 24^th Amendment,” the complaint asserts.

“Felony disenfranchisement laws have the undeniable effect of diminishing the political power of minority communities,” said Danielle Lang, voting rights counsel for the Campaign Legal Center. “As our legal complaint shows, these laws are rooted in the racially discriminatory policies of the Jim Crow era, continue to primarily harm people of color and distort our democracy.”

Lang continued, “In Alabama, a wealthy person with a conviction may be able to vote whereas an impoverished person with a conviction cannot. Even ignoring the starkly disproportionate discriminatory effect of felon disenfranchisement, the requirement that someone pay back ballooning court fees and fines in order to vote has a much harsher impact on the minority community.”

Plaintiff in the case, 60-year-old Larry Newby of Huntsville, said he wants to see his rights restored, as well as other individuals he personally knows who are in similar situations.

“I would like to have an opportunity to put in a choice for the president,” Newby said. “ I’d like to vote for not just for president, but in my district and for governor. Having my right to vote back would make me feel respected as a person.  It would be something I would be grateful for – to have the opportunity to go register to vote and go to the polls.  You do your time, you pay your debt to society, so you ought to be able to return back home and your society and be able to speak freely and vote freely.”

See more statements from our plaintiffs.

Learn more about our legal team.

New Report & FCC Complaint Highlight How Frequently Broadcast Stations Neglect to Collect and Report Political Ad Sponsors; Letter Deplores FCC’s Failed Promise for Aggressive Enforcement.  

The Campaign Legal Center, Common Cause, Sunlight Foundation and Benton Foundation today filed a complaint with the Federal Communications Commission urging the agency to take immediate action against WCPO-TV of Cincinnati for failure to comply with the longstanding public file requirements of Section 315 of the Communications Act. The complaint was accompanied by a letter to FCC Chairman Tom Wheeler, chastising the commission for doing “absolutely nothing” to enforce public file rules.

The groups are represented by the Institute for Public Representation of Georgetown University Law Center (IPR).    

“The public file requirements of the Communications Act play an important role in providing transparency in our electoral system, especially post-Citizens United,” said Meredith McGehee, policy director for the Campaign Legal Center. “As the number of super PACs buying up television and radio airtime increases, the transparency of who is behind political ads is becoming increasingly murky. It is the FCC’s responsibility to ensure stations disclose information about who pays for advertisements. The FCC, in its failure to enforce laws that protect voters’ right to know, has clearly led broadcasters to freely ignore existing regulations with impunity.”

The letter from IPR on behalf of CLC, Common Cause, Sunlight Foundation and Benton Foundation reminds Chairman Wheeler about the commission’s “abject failure” to resolve 11 public file complaints pending since May 2014, despite his assurance that “We take political file complaints seriously and anticipate resolving these quickly.” The letter underscores that the law is intended to protect Americans’ right to know who is behind political ads and who is trying to persuade voters. 

Andrew Jay Schwartzman, Benton Senior Counselor at IPR, stressed, "It is regrettable that we have had to send this letter and a new complaint, but as the new report demonstrates, broadcasters are ignoring their duty to serve the public and the FCC has shown no interest in demonstrating that they face any consequences for their non-compliance."

“Holding broadcasters accountable for their political advertising disclosures is as important as food labeling,” said Benton Foundation Executive Director Adrianne B. Furniss. “Television stations have an essential public interest obligation to provide the public with information about who’s buying broadcast time. But this complaint demonstrates that broadcasters are not making the grade. The law demands that we get as much information about the TV ads that comes into our living rooms as the food that comes into our kitchens.”

Todd O’Boyle, program director for Common Cause’s Media and Democracy Reform Initiative, stated, “Secret money spending is out of control, and it leaves voters in the dark. It is past time that the FCC give the people the transparency they need and the law requires.”

The complaint against WCPO-TV, a Scripps Media, Inc. provides direct evidence of the FCC’s failures. The law requires that broadcasters upload a variety of information identifying the sponsor of political ads to an online public file, which is part of an FCC database. In 16 of 17 of the WCPO-TV’s files for non-candidate sponsors of national issue advertising, it did not provide information required by the Communications Act and FCC rules, undermining the transparency of the public filing system.

Today’s complaint is further corroborated by research conducted by CLC and released today in a new report, Who’s Behind That Political Ad?: The FCC’s Online Political Files and Failures in Sponsorship Identification Regulation. CLC examined 1,220 political files of TV broadcasters in key electoral battleground states – Florida, Ohio, Wisconsin and Pennsylvania – and more than one-third (35 percent) of forms from these battleground states uploaded to the FCC’s database contained incomplete and inaccurate sponsorship identification.

WASHINGTON, D.C. - The Campaign Legal Center and the Southern Coalition for Social Justice filed a complaint today on behalf of the League of Women Voters of North Carolina and numerous individual voters, arguing that North Carolina’s 2016 congressional redistricting plan violates the 1st and 14th Amendments of the U.S. Constitution. League of Women Voters of North Carolina v. Rucho was filed in the U.S. District Court for the Middle District of North Carolina. North Carolina’s 2016 redistricting plan was drafted during a special legislative session after a federal three-judge panel ruled that previous maps were unconstitutional racial gerrymanders.
 
In 1986, the U.S. Supreme Court held that partisan gerrymandering claims present a legal controversy that courts could potentially resolve. However, to date, the court has not agreed on an acceptable standard to determine when a partisan gerrymander is unconstitutional. League of Women Voters of North Carolina v. Rucho offers an empirical analysis to demonstrate the extent to which an extreme gerrymander exists. That analysis is called the efficiency gap, which captures the packing and cracking among a plan’s districts in a single number. This is the first case since Whitford v. Gill in Wisconsin to present the efficiency gap as a legal standard to determine if a partisan gerrymander is too extreme.
 
CLC Executive Director Gerry Hebert released the following statement on the filing:
 
“When it comes to congressional districts, North Carolina's are an extreme and egregious partisan gerrymander. Packing and cracking voters in districts based on their political ideology and voting history classifies voters in an invidious manner unrelated to any legitimate legislative objective. Radical partisan gerrymandering like that in this case turns democracy on its head. For the sake of North Carolina voters and voters across our nation, this practice must come to an end. The implementation of our efficiency gap standard would go a long way in ensuring that every voter is entitled to equal protection under the law and having their voice heard.”
 
Southern Coalition for Social Justice Executive Director Anita Earls released the following statement on the filling:
 
“The Constitution guarantees everyone’s right to participate equally in an electoral system that does not discriminate against them because of their beliefs. It is clear that the intent and effect of creating North Carolina’s 2016 congressional maps were to manipulate the democratic process. The result disparages voters and ensures that one party can maintain political power even when a majority of the state’s voters do not support them.”
 
The efficiency gap, developed by Nicholas Stephanopoulos and Eric McGhee, is the difference between the parties’ respective wasted votes in an election, divided by the total number of votes cast. Wasted votes are: (1) any vote cast for a losing candidate; and (2) votes cast for a winning candidate in excess of the number needed to win. More information about wasted votes and how efficiency gaps are calculated is below.
 
According to the complaint, North Carolina's efficiency gaps in 2012 and 2014 "exhibited pro-Republican partisan biases larger than 25 percent—[] by far the worst in North Carolina’s modern history and at the far edge of the nationwide distribution." (p. 16).  
 
About the Efficiency Gap:

The efficiency gap determines how close a redistricting plan is to reaching partisan symmetry, which means whether or not similarly-situated political parties are treated equally in a redistricting plan. According to the Campaign Legal Center, “[a] lower number means both parties are treated more equally in the way they can convert votes into seats. A higher number means one party has an advantage in the way it translates its vote share into seat share.”
 

CLC Files Friend-of-the-Court Brief in Virginia racial gerrymandering case

The Campaign Legal Center today filed a friend-of-the-court brief in the Supreme Court of the United States in Bethune-Hill v. Virginia State Board of Elections, a case of critical importance for the future of racial gerrymandering cases.

In 2010, the Virginia Assembly redrew legislative districts in a way that diminished minority voters’ impact in electing candidates of their choice. The district court recognized that the state improperly sorted voters based on race, but created an unsupported new legal standard upholding the districts.

“The district court erred in its constitutional analysis in deciding this case,” said Gerry Hebert, executive director of the Campaign Legal Center. “The U.S. Supreme Court must step in so that voters can continue to effectively succeed in challenging unconstitutional racial gerrymanders where legislatures improperly sort voters on the basis of their race for no constitutional purpose.”

CLC’s brief supports the Virginia citizens and voters challenging the state’s racial gerrymander by laying out direct evidence of racial intent in the creation of the legislative districts and urges the court to overturn the district court’s decision.

The Campaign Legal Center was joined on the brief by the League of Women Voters, The Voting Rights Institute, the Racial Justice Project at New York Law School, the National Council of Jewish Women and the National Association of Social Workers Democracy.