KANSAS CITY, KS – Tomorrow, Campaign Legal Center (CLC) and Simpson Thacher are presenting oral arguments at 1 p.m. Central Time in the Kansas City Courthouse before District Judge Kathryn H. Vratil in VoteAmerica v. Schwab, a legal challenge to Kansas law, H.B. 2332. That law restricts the distribution of mail ballot applications to voters by nonprofit organizations that work to promote higher levels of voting.

The plaintiffs filed suit in federal court on June 2, 2021 to block anti-voter provisions in H.B. 2332, which are set to go into effect in January. CLC and Simpson Thatcher are representing VoteAmerica and the Voter Participation Center, two nonprofits that work to promote voting and would suffer greatly if the law takes effect.

“America saw record voter turnout in last year’s presidential election. That is a sign of a healthy democracy,” said Paul Smith, vice president at Campaign Legal Center (CLC. “It’s a shame that politicians in Kansas see voting as a threat to their power. The court should allow our clients, nonpartisan organizations, to engage with voters and help people navigate confusing systems and facilitate voting by mail. H.B. 2332 is unconstitutional, and the court should strike it down.”

Earlier this year, the Kansas legislature overrode the governor’s veto and passed H.B. 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 political speech protected by the First Amendment.

H.B. 2332 also criminalizes 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.

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.

Each of these three members spent less than 25% of their leadership PAC funds on political activity during the 2020 election cycle - instead spending funds on things like travel, meals and other luxuries – possibly violating House rules regarding personal use of campaign funds.

Washington, D.C. – Today, Campaign Legal Center (CLC) filed complaints with the Office of Congressional Ethics (OCE) against three members of the U.S. House of Representatives – Reps. Mike Kelly (R-PA), Gwen Moore (D-WI) and Seth Moulton (D-MA) – urging the OCE to investigate whether these members violated House rules governing the personal use of campaign funds.

At issue is spending by the members’ respective leadership political action committees (PAC). While most members of Congress primarily use their leadership PACs to make political contributions, these members spent less than a quarter of their leadership PAC funds on politics while still managing to spend significant sums on things like travel, high-end dining and sporting events.

“The law is clear that campaign funds cannot be used for personal use. When voters see thousands of campaign dollars spent on resort traveling and entertainment, they question whether the law is enforced,” said Kedric Payne, general counsel and senior director of ethics at Campaign Legal Center. “Many leadership PACs look like slush funds, and that diminishes the public’s trust in our campaign finance system.”

Much of the foundation for these complaints was laid out by a report published by CLC and Issue One on September 30th, which examined the spending by every leadership PAC that was both affiliated with a member of Congress and active during the 2019-2020 election cycle. The report found that Moulton spent just 8% of leadership PAC funds on politics while Moore spent 12% and Kelly spent 22%.

When that money is spent to enrich members of Congress, it is also funding an erosion of public trust. The OCE has investigated members for converting leadership PAC funds for personal use in the near past. It must do so again with these three members.

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.

Following the Federal Election Commission’s failure to act on allegations that the NRA unlawfully coordinated with federal candidates, a federal court has ordered the agency to take action within 30 days. 

Washington, D.C. – Today, the United States District Court for the District of Columbia issued an order, instructing the Federal Election Commission (FEC) to take action within 30 days on long-pending administrative complaints against the National Rifle Association (NRA) for using shell corporations to coordinate campaign spending with federal candidates. The order follows  a 2019 lawsuit filed by Campaign Legal Center Action (CLC Action) on behalf of Giffords.

Campaign finance law allows outside groups like the NRA to make unlimited expenditures supporting candidates — but only if that spending is completely independent of those candidates’ campaigns. During the 2014, 2016 and 2018 campaign cycles, the NRA showed flagrant disregard for these rules by using mutual vendors to coordinate expenditures with seven federal candidates, including former President Donald Trump. Through this scheme, the NRA was able to secretly contribute millions of dollars to candidates, in violation of the contribution limits, and without disclosing its support.

Giffords filed four complaints with the FEC to address the NRA’s violations. The FEC took no action. In April of 2019, CLC Action filed suit on behalf of Giffords against the FEC in federal court, on the grounds that the FEC had unlawfully delayed in acting on the administrative complaint.

“The failure of the FEC to enforce our campaign finance laws has resulted in an explosion of shady campaign spending. In the two years since we filed this lawsuit, our nation experienced the most expensive election in our history, with ‘dark money’ spending topping $1 billion,” said Trevor Potter, president of CLC and Republican former Chairman of the FEC. “The FEC had the chance to do the right thing by taking action against the NRA for this blatant spending coordination, but failed to do so. We applaud the United States District Court for the District of Columbia for stepping in and compelling them to take action.”

“Over the last several years and across election cycles, the NRA has been brazenly flouting campaign finance law by illegally funneling money to candidates while claiming to remain independent,” said David Pucino, Senior Staff Attorney at Giffords Law Center to Prevent Gun Violence. “The NRA has used these tactics not just to obscure their contributions, but to violate spending caps, undermining the integrity of our elections and the rule of law. It is clear that the NRA will continue to violate the law until someone stops them. Today's decision ordering the FEC to take action is a resounding win to keep dark money out of our politics.”

To reduce political corruption, we need a stronger FEC that can enforce campaign finance laws and hold political candidates, groups and donors accountable. The FEC had a chance to do its job, but was asleep at the switch. A federal court has now interceded, giving the agency one more chance to prove that it is capable of being the effective watchdog this country needs. 

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.