BREAKING: Campaign Legal Center and NRDC Action Votes File Amended FEC Complaint Against Former President Trump and his Leadership PAC for Violations of “Soft Money” Ban
The complaint, which supplements a complaint initially filed by CLC in November of 2022, alleges that former president Donald J. Trump violated federal campaign finance law by directing or transferring $60 million in “soft money” from his leadership PAC - “Save America” - to the super PAC “Make America Great Again, Inc."
WASHINGTON, D.C. - Today, Campaign Legal Center (CLC) and NRDC Action Votes filed a supplemental complaint with the Federal Election Commission (FEC) alleging that former President Donald Trump and his leadership PAC, Save America, violated provisions of the Federal Election Campaign Act (FECA) that prohibit federal candidates from raising and spending “soft money” that does not comply with federal contribution limits, source prohibitions and reporting requirements, in federal elections.
This filing follows CLC’s initial complaint, originally filed on November 14th, 2022, which detailed Trump’s post-White House fundraising and subsequent illegal transfer from Save America to the super PAC Make America Great Again, Inc. as well as spending by that super PAC in the 2022 midterm elections totaling nearly $12 million. MAGA, Inc. has continued spending in the current election cycle, pouring over $11 million into ads.
CLC and NRDC Action Votes are supplementing the original complaint based on new information discovered in the months since the filing of the original complaint. Specifically, disclosure reports reflect a drastic increase in the amount of illegal money transferred from the leadership PAC to the super PAC, bringing the total amount in violation to $60 million dollars.
“When federal candidates themselves sidestep laws designed to reduce political corruption and provide transparency about who is spending on elections, they undermine our election system and damage voter trust,” said Erin Chlopak, senior director for campaign finance at CLC. “Even before former President Trump publicly announced his 2024 candidacy, he had made it clear, through statements and actions, that he planned to run again. He became a federal candidate well before his leadership PAC gave $60 million dollars to a super PAC poised to support candidates he endorsed in the 2022 midterms and to support his own 2024 candidacy. That ‘soft money’ injection into a federal election was a violation of federal law, and he must be held accountable.”
“Pro-environment candidates already face an onslaught of special interest spending aimed at stopping progress on clean energy. When that spending also violates the law, it’s the FEC’s job to hold accountable anyone who tries to rig the political system in their favor and drown out the voices of the rest of us,” said Kevin S. Curtis, executive director of NRDC Action Votes.
The Bipartisan Campaign Reform Act of 2002 (BCRA, sometimes referred to as McCain-Feingold) prohibits federal candidates and any associated entities (including committees such as leadership PACs) from soliciting, receiving, directing, transferring or spending “soft money” in connection with a federal election. Despite his delay in filing a statement of candidacy, publicly available information — including Trump’s own public statements and fundraising activity — confirmed that he became a candidate well before he transferred funds from his leadership PAC to MAGA, Inc. and was therefore subject to BCRA’s restrictions when he made that transfer.
The FEC is responsible for enforcing federal campaign finance laws and it must act in this case and hold Trump and Save America accountable.
NRDC Action Votes is an independent expenditure political committee affiliated with the NRDC Action Fund. It works to avert dangerous climate change, support healthy people and thriving communities, and conserve and protect nature and wildlife.
Campaign Legal Center is a nonpartisan organization that advocates for every eligible voter to meaningfully participate in the democratic process. CLC uses tactics such as litigation, policy advocacy and communications to make systemic impact at all levels of government.
New Study Reveals 66% of Conservatives and 46% of Independent Voters Lack Confidence in Elections
New York, New York – Today, the Ad Council Research Institute (ACRI) and the Campaign Legal Center (CLC) released findings from a new study that revealed a significant knowledge gap, as well as ongoing fears and concerns about the fairness and accuracy of the U.S. election process among many conservative-leaning and independent voters. The new study, (Dis)Trust in Elections: Rebuilding Voter Trust & Confidence in the U.S. Election Process, offers organizations, government entities, election boards, and election officials key insights into the ideal target audience for election-confidence building efforts.
“Especially as we head into a new election cycle, the need to instill trust in the process at all levels among American voters is paramount,” said Derrick Feldmann, lead researcher and managing director of ACRI and Ad Council Edge. “While our findings show distrust is present, there is hope. Making this information available will empower organizations in communities across the country to change the tide of voter doubt for the upcoming election cycle and those in the future.”
“American voters should have the utmost confidence that when they cast their ballots on Election Day, their vote will count,” said Sandhya Bathija, vice president of communications for CLC. “Clearly, the research indicates there are some gaps that must be addressed. But there are also reasons to be optimistic—that by drawing attention to the checks and balances within our electoral process, we can help increase knowledge and change attitudes and behaviors among this unique demographic of voters.”
Key findings from the study include:
- The ideal target audience for confidence-building efforts is conservative-leaning and independent voters.
- Only about a third (31%) of conservative-leaning voters in the sample believe the 2020 presidential election was conducted fairly and accurately. Another third (35%) are not very confident, and 31% are not confident at all.
- Half of independent voters (51%) were somewhat confident, with 28% not very and 18% not at all confident in the fairness and/or accuracy of the election.
- Distrust is built by multiple factors and exacerbated by a lack of knowledge.
- Top beliefs among conservative-leaning voters that contribute to distrust: voting fraud took place (74%), unregistered voters and/or undocumented immigrants voted (72%), encouraging multiple voting / making voting easier for some (58%).
- Top beliefs among independent voters: Encouraging multiple voting/ making voting easier for some (50%), voting fraud took place (48%), unregistered voters and/or illegal immigrants voted (44%).
- Despite ongoing distrust, people still support the country, believe in the US, and plan to continue exercising their right to vote in the future.
- 43% of conservative-leaning voters and 39% of independents say this distrust has no impact on their likelihood to vote; 38% of conservatives and 32% of independents say it makes them much more likely to vote.
(Dis)Trust in Elections: Rebuilding Voter Trust & Confidence in the U.S. Election Process provide a deeper look into voter distrust in the U.S. election process. Download the report here.
VICTORY: Court Blocks Kansas Anti-Voter Law Targeting Civic Engagement Groups
In a victory for the voters of Kansas, a federal court sided with the Voter Participation Center to permanently block the enforcement of anti-voter provisions in HB 2332. This is a win for democracy and will make elections more accessible for all eligible voters of Kansas. U.S. District Court Judge Kathryn Vratil ruled today that the law “is an unconstitutional infringement on plaintiff’s First Amendment rights to speech and association.”
In 2021, the Voter Participation Center, a nonprofit civic-engagement organization which helps to register and turnout voters, including to vote by mail, filed suit against Kansas Secretary of State Scott Schwab, Kansas Attorney General Derek Schmidt, and Johnson County District Attorney Stephen Howe. Later that year, the district court granted VPC a preliminary injunction stopping the law from going into effect. With this ruling, the district court makes that decision final. Campaign Legal Center (CLC), Simpson Thacher & Bartlett LLP and Kansas attorney Mark Johnson represented the non-profit.
The Kansas Legislature overrode the Governor’s veto and passed HB 2332, an omnibus elections bill that prohibits out-of-state entities from mailing advance mail ballot applications to any voter in the state, in violation of the organizations’ ability to engage in voter engagement efforts that constitute core political speech under the First Amendment. HB 2332 would have criminalized the mailing of advance mail ballot applications personalized with the voter’s name, address and other information, even if the voter provided that information and specifically requested an advance mail ballot application.
“Kansas’s law was one in a nationwide trend by state legislatures moving to restrict the freedom to vote,” said Paul Smith, Vice President for Litigation and Strategy at the Campaign Legal Center. “Beyond just targeting voters, however, laws like HB 2332 specifically take aim at the ability of nonpartisan, public interest organizations to help people navigate confusing systems and encourage them to exercise their ability to vote by mail. HB 2332 is unconstitutional, and we are glad the court sided with voters and the organizations who help voters make their voice heard. ”
“HB 2332 was a dangerous law and that is why we took action. It would have made voting more difficult for Kansans by threatening their ability to vote-by-mail,” said Tom Lopach, president and CEO of the nonprofit and nonpartisan Voter Participation Center (VPC). “In the 2020 election, we saw firsthand the urgency of vote-by-mail in the midst of the pandemic. That’s why we fought back–to protect Kansans from this assault on our democracy. We will keep working to ensure every American can make their voice heard.”
The nonpartisan Campaign Legal Center advances democracy through law at the federal, state and local levels, fighting for every American’s rights to responsive government and a fair opportunity to participate in and affect the democratic process.
The Voter Participation Center is a non-profit, non-partisan organization founded in 2003 to help members of the New American Majority register and vote. Since then, the organization has helped more than 5.7 million people register and cast ballots.