BREAKING: Campaign Legal Center Files Lawsuit Against the FEC for Failing to Address Violations by a Dem-Leaning Super PAC in Montana
Washington, DC — Yesterday, Campaign Legal Center (CLC) filed a lawsuit against the Federal Election Commission (FEC) for dismissing CLC’s February 2024 complaint against the super PAC “Last Best Place PAC” for allegedly violating federal transparency requirements. CLC’s FEC complaint alleged that the super PAC failed to properly disclose its spending in connection with a multimillion-dollar ad campaign the group launched last fall attacking Tim Sheehy, a candidate for U.S. Senate in Montana. After CLC’s initial FEC complaint was filed, Sheehy secured the Republican nomination in this closely watched race.
“Voters have a right to know where campaign money comes from and how it is spent, and this dismissal is yet another example of the FEC failing to vindicate that right and uphold the core transparency purposes of federal campaign finance law,” said Megan McAllen, director of campaign finance litigation at CLC. “Poor enforcement of the law makes our campaign finance system vulnerable to more secret spending. Despite FEC inaction, we will still be pushing for super PACs like Last Best Place PAC to be fully transparent with voters about their spending aimed at swaying voters in federal elections.”
As CLC’s complaint explained, Last Best Place PAC began running ads last September that expressly advocated Sheehy’s defeat in Montana’s June 2024 primary election and therefore should have been reported by the group as independent expenditures, both in special pre-election “48-hour” reports and in its regularly scheduled committee filings. But although Last Best Place PAC did not file any 48-hour reports in connection with these ads or report any independent expenditures in its 2023 year-end disclosure report, the FEC nevertheless dismissed CLC’s complaint against the super PAC — which has ties to the dark money groups aligned with the leadership of the national Democratic Party.
The four FEC commissioners who voted to dismiss the complaint relied on an unsupported and irrational legal rationale that threatens to open an immense loophole in federal transparency requirements for independent expenditures.
In dismissing CLC’s complaint, the FEC disregarded the recommendations of its own nonpartisan staff lawyers in the agency’s Office of the General Counsel, which agreed with CLC’s concerns. Partisan gridlock has historically been a primary driver of FEC inaction, but now the agency has recently been taking steps to weaken regulation of political spending.
When super PACs fail to properly disclose details about their spending, voters are deprived of critical information essential to casting an informed vote. In the absence of FEC action, CLC is stepping up to ensure that federal campaign finance law is enforced, and our elections exist within a fair, transparent and accountable political process.