In a rare victory for voters, CLC Action and Common Cause Georgia complaint prompts FEC settlement in illegal coordination case

WASHINGTON, D.C. – The Federal Election Commission (FEC) announced on July 29 that it has agreed to settle a complaint originally filed by Campaign Legal Center Action (CLCA) and Common Cause Georgia (CCGA) and issued a $14,500 fine to the Georgia Republican Party (Georgia GOP) for failing to report its receipt of illegal in-kind contributions from a nonprofit called True the Vote during the 2021 U.S. Senate runoff elections in Georgia.

Under the Federal Election Campaign Act (FECA), corporations are barred from making contributions (including in-kind contributions resulting from coordinated activity) to federal candidates and political parties. But True the Vote and the Georgia GOP illegally collaborated on election-related activities — such as challenging voter eligibility and monitoring drop boxes — and failed to report these activities accordingly as in-kind contributions.

After the FEC initially dismissed the complaint filed by CLCA and CCGA, CCGA and its Executive Director, Aunna Dennis, sued the agency in federal court in late 2022, with CLCA as counsel.

The court ruled that the complaint filed by CLCA and CCGA detailed “plentiful” evidence of such illegal and undisclosed coordination. The court also said that the FEC’s dismissal decision was “factually and legally unreasonable” and it remanded the matter back to the FEC, which has now reversed course and affirmed that the law was, indeed, violated, and accordingly settled the matter.

“Both the court decision and FEC settlement mark a rare and significant precedent for what constitutes illegal coordination under federal campaign finance law,” said Megan McAllen, director of campaign finance litigation at Campaign Legal Center Action. “But we are disappointed that the FEC only managed to do the bare minimum to enforce the law, even under a court order. This settlement rectifies the Georgia GOP’s failure to disclose the $500,000 in contributions it received from True the Vote, but neither entity was penalized for their unlawful coordination and the modest fine imposed was not remotely proportionate to the magnitude of this violation. That we had to take the agency to court to achieve even a modicum of accountability for these blatant violations of law only confirms how much the FEC needs vigilant watchdogs like CLCA. Voters have a right to know who is spending money to influence their votes and be assured that those who break the law are all held accountable.”

“We are pleased that the FEC is finally shining a light on this illegal coordination scheme by requiring the Georgia Republican Party to disclose the contributions it received from True the Vote,” said Aunna Dennis, executive director of Common Cause Georgia. “But the FEC settlement falls short by letting True the Vote off the hook for its illegal attempt to undermine the voting rights of hundreds of thousands of Georgia voters in the 2021 runoffs. Georgia voters need reassurance that their right to vote will always be respected and that our federal institutions won’t neglect their duties to enforce the law. That is why we will continue to fight for accountability and transparency from the FEC."

The partnership between the Georgia GOP and True the Vote demonstrates a larger trend of campaigns and outside spending groups violating this law and engaging in illegal coordination since the 2010 Citizens United ruling by the Supreme Court. The FEC’s routine practice of not enforcing federal coordination restrictions, and its recent issuing of an advisory opinion that further weakens our already inadequate coordination rules, have helped to perpetuate an environment that privileges wealthy special interests over average voters at the expense of a fully participatory democracy.

Legal action on the part of CLCA and CCGA before the courts led to a new precedent which can help bolster transparency around who is spending money in our elections and promote more enforcement of federal campaign finance law. This is essential for promoting integrity in our nation’s election system.