CLC Files Suit Urging the FEC To Investigate $4.8 Million in Secret Spending Advocating Against Former Presidential Primary Candidate Bernie Sanders

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Millions in Secret Money Spent by Big Tent Project Fund to Defeat Former Democratic Presidential Candidate Sen. Bernie Sanders Continue to Evade Campaign Finance Laws

Washington, D.C. -  Today, Campaign Legal Center (CLC) filed suit against the Federal Election Commission (FEC) after the agency failed to act on CLC’s May 2020 complaint alleging that Big Tent Project Fund (Big Tent Project) violated the Federal Election Campaign Act (FECA) by failing to register as a political committee and failing to report its contributions, expenditures and debts.

During the 2020 presidential election, Big Tent Project spent more than $4.8 million on ads targeting voters in key states and expressly advocating against Democratic presidential candidate Sen. Bernie Sanders. Once Sanders’ path to the presidential nomination became nearly impossible, Big Tent Project’s election spending dropped precipitously. Donors to the group remain unidentified to this day.  

In its May 2020 complaint, CLC further alleged that, even if Big Tent Project were not a political committee, it still violated federal law by failing to disclose the identities of contributors who gave for political purposes and funded its independent expenditures and by failing to report all its independent expenditures exceeding $250.  

“As the only government agency with the sole responsibility of overseeing the integrity of our federal political campaigns, the FEC’s failure to protect voters’ right to know who is trying to influence their votes and take action on this blatant violation is yet another example of the agency’s dysfunction and its disregard for the campaign finance laws it was designed to oversee,” said Erin Chlopak, director, campaign finance strategy, CLC.

Big Tent Project’s election spending, along with public statements by and about the group, overwhelmingly indicate that its major purpose was influencing the 2020 presidential election, namely by defeating Sanders. But despite such compelling evidence, the FEC has failed to act on CLC’s administrative complaint for more than a year. 

The failure of the FEC to enforce campaign finance laws has resulted in an explosion of secret spending, and our politics are increasingly rigged in favor of special interests. To reduce political corruption, CLC urges the FEC to enforce campaign finance laws and hold Big Tent Project accountable.

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

Issues
Campaign Finance

Opposing FEC Failures to Enforce Laws Violated by Big Tent Project — CLC v. FEC (Delay Suit—Big Tent Project)

At a Glance

CLC sued the FEC for failing to enforce federal transparency laws, enabling Big Tent Project, an entity funded by secret money, to avoid reporting its contributions, expenditures and debts. The FEC has failed to protect the public’s right to know who is seeking to influence elections.

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Active
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Campaign Finance
About This Case/Action

On May 7, 2020, Campaign Legal Center (CLC) filed an administrative complaint with the Federal Election Commission (FEC), alleging that Big Tent Project Fund (Big Tent Project), a 501(c)(4) nonprofit, violated federal law by failing to register as a political committee and failing to report its contributions, expenditures and debts. CLC’s administrative complaint provides compelling evidence that Big Tent Project’s major purpose was defeating Sen. Bernie Sanders’ 2020 presidential campaign.

CLC further alleged that, even if Big Tent Project were not a political committee, it still violated federal law by failing to disclose the identities of contributors who gave for political purposes and funded its independent expenditures and by failing to report all its independent expenditures exceeding $250.

On May 19, 2021, after the FEC failed to act on CLC’s administrative complaint for more than a year, CLC sued the FEC over its inaction. CLC asks the court to declare that the FEC’s failure to act on CLC’s complaint is contrary to law and order the FEC to act within 30 days. If the FEC does not act within 30 days, the Federal Election Campaign Act (FECA) authorizes CLC to commence a civil action against Big Tent Project directly.

What’s at Stake?

Transparency around who is spending money to support or oppose federal candidates is a cornerstone of federal campaign finance law and critical to our democracy, as voters have a right to know who is paying to influence our votes and our government. Under FECA, organizations that exist primarily to engage in political activity—including making expenditures to support their preferred candidates—must register as political action committees (PAC) with the FEC and disclose their donors, along with other information about their financial activities.

CLC’s administrative complaint explained that Big Tent Project’s election spending and public statements by and about the group provide strong reason to believe that its major purpose was defeating Sen. Bernie Sanders’ 2020 presidential campaign. But Big Tent Project failed to register as a federal PAC or file reports disclosing its contributions and expenditures, as required by FECA. Big Tent Project further violated FECA by failing to disclose the identities of contributors who gave for political purposes and funded its independent expenditures and by failing to report all of its independent expenditures exceeding $250.

By allowing organizations like Big Tent Project to evade federal transparency requirements, the FEC leaves the public in the dark about who is seeking to influence our vote and our government and undermines voters’ trust in our democratic process. The lack of consequence for illegal behavior encourages Big Tent Project and others like it to continue to violate campaign finance laws.

To reduce political corruption, we need a stronger FEC to enforce campaign finance laws and hold political candidates and their donors accountable. As part of this, the FEC should investigate and act on potential FECA violations like those alleged in CLC’s administrative complaint.

Plaintiffs

Campaign Legal Center

Defendant

Federal Election Commission

Statement by Trevor Potter on Senate Markup of For the People Act

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Trevor Potter, president of Campaign Legal Center (CLC), and a Republican Former Chairman of the Federal Election Commission, released the following statement:

“Americans strongly support the For the People Act, which would make it easier to vote, limit the influence of money in politics, and stop self-interested politicians from redrawing congressional districts to pick and choose their own voters. The Senate is incorporating recommendations from key stakeholders, adding flexibility to the timeline for implementing changes that will modernize and improve access to voting systems. As the Senate moves forward with the markup, it must hold firm to the principle of national election standards which will ensure Americans can freely cast ballots and that everyday voters have a say, not just special interests. Failure to pass these important protections is not an option.”

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

Issues
Campaign Finance
Redistricting
Ethics
Voting and Elections
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