Statement by Brendan Fischer, Director Federal Reform, Campaign Legal Center, on the FBI investigation into General Postmaster Louis DeJoy’s Fundraising Activities:

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WASHINGTON, D.C. Brendan Fischer, director federal reform, Campaign Legal Center (CLC), released the following statement in response to the announcement of a FBI investigation into Postmaster General Louis DeJoy’s fundraising activities following a complaint filed by CLC with the Federal Election Commission (FEC):

Last year, CLC uncovered several instances between 2015 and 2018 where DeJoy employees and DeJoy family members contributed to the same candidate or committee during the same period of time, often in similar amounts. The individual political contributions in question were then allegedly reimbursed by the company in the form of bonuses. The Washington Post had earlier reported that, through 2014, there was a similar scheme in place and former employees at DeJoy’s company also allegedly received bonuses as reimbursement for their political contributions, but the activities arguably fell outside of the 5-year statute of limitations.

Louis DeJoy's reimbursement scheme disguised the true source of potentially hundreds of thousands of dollars in contributions, which denied voters the right to know who is giving money to influence their vote and our government. These are serious violations, and we are pleased that CLC's research and complaint triggered the Department of Justice to investigate.

However, this is yet another example of the Department of Justice taking the lead on investigating campaign finance violations, rather than the FEC, the only government agency whose sole responsibility is overseeing the integrity of political campaigns.  

This is the second reported FBI investigation apparently triggered by a CLC complaint in recent weeks. The FBI is also investigating a defense contractor's illegal contribution to a super PAC that supported Susan Collins' election, following a 2020 CLC complaint. We need a stronger FEC to enforce campaign finance laws and hold political candidates and their donors accountable.”

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

Voting Organizations File Suit to Block Kansas’s Anti-Voter Law

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KANSAS CITY – Today, two voting organizations filed suit today in federal court in Kansas against Kansas Secretary of State Scott Schwab, Kansas Attorney General Derek Schmidt and Johnson County District Attorney Stephen Howe to block anti-voter provisions in HB 2332. The lawsuit, filed by VoteAmerica and the Voter Participation Center, two nonprofit charitable organizations focused on encouraging voters to vote by mail, seeks to block enforcement of a new law restricting the distribution of mail ballot applications to voters in the state.

Earlier this year, 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 constitutes core political speech under the First Amendment. HB 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. Campaign Legal Center (CLC), Simpson Thacher & Bartlett LLP and Lathrop GPM LLP are representing VoteAmerica and the Voter Participation Center.

“Kansas’s new law is the latest 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 hope the court will strike it down.”

“More Americans than ever voted by mail last year, which meant that even during a pandemic there was record high turnout, which is a sign of a healthy democracy,” said VoteAmerica Founder and CEO Debra Cleaver. “State legislators in Kansas and across the country apparently think more people exercising their right to vote is a bad thing and instead prefer lower turnout elections where they can better dictate who can and cannot vote.  And now they want to want to block nonpartisan charitable organizations like VoteAmerica from simply helping voters - regardless of their political affiliation -- request mail in ballots. It’s intentionally voter suppressive, it’s undemocratic, and that’s why we’re suing.”

“HB 2332 is dangerous: it makes 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’re fighting back today to protect Kansans from this assault on our democracy and will keep working to ensure every American can make their voice heard.

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

Defending Nonpartisan Civic Engagement Organizations in Kansas (Voter Participation Center v. Schwab)

At a Glance

CLC sued Kansas over its law which makes it more difficult for public interest charities to assist voters with registering to vote and requesting absentee ballots.

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About This Case/Action

The Kansas Legislature passed a bill, HB 2332, that would limit the freedom to vote, overriding a veto by Kansas Governor Laura Kelly. The bill has now become law. The law makes it harder for charities to participate in voter assistance efforts and violates the U.S. Constitution’s protections for free speech.

Campaign Legal Center (CLC) and its co-counsel Simpson Thacher & Bartlett LLC are challenging the law on behalf of two public interest nonprofits seeking to help voters in the state, VoteAmerica and Voter Participation Center, which help register voters and mails absentee voting applications to voters. The lawsuit, filed on June 2, 2021, is filed in the U.S. District Court for the District of Kansas.

Third party groups fill a critical public need because state election websites are often antiquated and confusing. Nonpartisan civic organizations such as CLC’s clients have long played a vital role in our democracy by assisting citizens in their efforts to engage with the political process and providing them with the resources to make that engagement possible. VoteAmerica and Voter Participation Center served this important function in Kansas during the 2020 election, helping achieve historic turnout in the Sunflower State by encouraging and helping tens of thousands of Kansans to vote through advance ballots.

Solution in Search of a Problem

Elections in Kansas in 2020 were safe and secure and had high turnout, with over 1.3 million Kansas participating, an increase of nearly 6% over the 2016 presidential election. More Kansans filed advance mail voting applications in the November 2020 elections than in the 2018 and 2016 elections combined. The Kansas Secretary of State said the state had a “free and fair” election last year, according to the Kansas City Star.

Unfortunately, instead of embracing organizations like CLC’s clients in their effort to assist voters, the state has sought to shut down their efforts to advance ballot applications in Kansas by enacting HB 2332. The bill imposes severe restrictions on the distribution of mail voting applications by third-party organizations.

Governor Kelly said about the legislation that “this bill is a solution to a problem that doesn’t exist. It is designed to disenfranchise Kansans, making it difficult for them to participate in the democratic process.”

The Kansas law fits a disturbing trend of statehouses in 2021 moving to limit the freedom to vote following record turnout in the 2020 election.