Oral Arguments Begin in Case That Could Close Campaign Finance Loopholes Exploited by Wealthy Special Interests

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.

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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. 

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