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.

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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.

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. 

Read the decision here.

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].

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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.