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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
CAMPAIGN LEGAL CENTER 1101 14th Street NW, Ste. 400 Washington, DC 20005
DEMOCRACY 21 2000 Massachusetts Avenue, NW Washington, DC 20036
Plaintiffs, Civil Action No. ______
v.
FEDERAL ELECTION COMMISSION 1050 First Street, NE Washington, DC 20463
Defendant.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
1. This is an action under the Federal Election Campaign Act (“FECA” or “Act”), 52
U.S.C. § 30109(a)(8)(A), and the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(1), for
illegal agency delay.
2. Plaintiffs seek injunctive and declaratory relief to compel defendant Federal
Election Commission (“FEC” or “Commission”) to take action on plaintiffs’ administrative complaint alleging violations of 52 U.S.C. § 30125(e), a FECA provision that prohibits any entity
“established, financed, maintained or controlled by or acting on behalf of” a federal candidate from raising and spending funds that do not comply with the “limitations, prohibitions, and reporting requirements” of the Act, 52 U.S.C. § 30125(e)(1), i.e., “soft money.”
3. Section 30125(e) strictly circumscribes a federal candidate’s involvement with soft-money groups—such as federal independent expenditure-only political committees known as
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“super PACs” that can raise funds outside FECA’s contribution limitations—and prevents
candidates from establishing or operating such groups as slush funds to support their campaigns.
4. Plaintiffs filed an administrative complaint with the FEC on May 27, 2015—
supplementing an earlier administrative complaint they filed March 31, 20151—alleging that former Florida Governor John Elias “Jeb” Bush had violated 52 U.S.C. § 30125(e) by
“establish[ing],” “financ[ing],” “maintain[ing],” and “controll[ing],” both directly and indirectly through his agents, the Right to Rise Super PAC, Inc.,2 which “act[ed] on his behalf” by raising and spending soft money to promote Bush’s presidential campaign. Ex. A, Admin. Compl. ¶ 1.
5. The May 27 administrative complaint asked the Commission to find reason to believe that Bush violated section 30125(e) by raising and spending soft money for and through
Right to Rise Super PAC, and that Right to Rise Super PAC violated section 30125(e) by raising and spending soft money on behalf of Bush, and to conduct an investigation to determine whether a violation had occurred or was continuing to occur. Ex. A, Admin. Compl. ¶¶ 1-2.
6. FECA provides administrative complainants with a right of action against the FEC if the Commission fails to act on a complaint within 120 days. 52 U.S.C. § 30109(a)(8)(A).
7. Four and a half years after plaintiffs filed their administrative complaints, there is
no indication that the FEC has taken any action on them.
8. This prolonged inaction has fostered a Wild West atmosphere in the financing of
campaigns for federal office, allowing wealthy donors, including corporations and unions, to
sidestep FECA’s contribution limits and disclosure requirements by making unlimited
1 The May 27, 2015 and March 31, 2015 administrative complaints are attached hereto as Exhibits A and B, respectively. 2 Shortly thereafter, Right to Rise Super PAC filed an amended Statement of Organization changing its name to Right to Rise USA. See Right to Rise USA Statement of Organization, FEC (Jun. 12, 2015), https://docquery.fec.gov/pdf/367/15951468367/15951468367.pdf.
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contributions to super PACs established, financed, maintained, or controlled by their favored
federal candidates. Without enforcement of FECA provisions, such as section 30125(e), designed to prevent such circumvention of the contribution limits, “the integrity of our system of representative democracy is undermined.” Buckley v. Valeo, 424 U.S. 1, 26-27 (1976) (per curiam).
9. Plaintiffs have also suffered, because they, as well as the public, have been deprived of full disclosure about the activities undertaken by Bush and his agents to establish Right to Rise
Super PAC, as well as the nature of the ongoing relationship between the super PAC and the Bush campaign. Plaintiffs lack information, for instance, about whether Right to Rise’s expenditures should be deemed “coordinated” with the Bush campaign, or whether its contributors “earmarked” their money specifically for support of the Bush campaign. This is information to which plaintiffs
are legally entitled under FECA.
10. There is also reason to believe that Bush did not fully disclose his campaign
activities as required by law, see 52 U.S.C. §§ 30102(e), 30103, 30104, and 11 C.F.R. § 101.3,
both during the “testing the waters” phase of his campaign and after there was reason to believe
Bush had moved beyond “testing the waters” to become a “candidate” under FECA. Ex. B, March
Admin. Compl. ¶¶ 34-36, 49.
11. By failing to act on plaintiffs’ complaints, and exceeding by over four years the
120-day period prescribed by FECA for such action, the Commission has encouraged the use of
candidate-controlled super PACs like Right to Rise as vehicles for the wholesale evasion of the
contribution limits enacted to prevent quid pro quo corruption and its appearance.
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Jurisdiction and Venue
12. This Court has both subject matter jurisdiction over this action and personal
jurisdiction over the parties pursuant to 52 U.S.C. § 30109(a)(8)(A) and 5 U.S.C. § 702. This Court
also has jurisdiction over this action pursuant to 28 U.S.C. § 1331.
13. Venue lies in this district under 52 U.S.C. § 30109(a)(8)(A) and 5 U.S.C. § 703.
The Parties
14. Plaintiff Campaign Legal Center (“CLC”) is a nonpartisan, nonprofit organization
that works to strengthen American democracy through, among other activities, local, state, and
federal efforts to ensure that the public has access to information regarding the financing of U.S.
election campaigns.
15. As part of this effort, CLC conducts research, authors reports and articles, and regularly provides expert analysis to the media. CLC also litigates throughout the country
regarding campaign finance matters; files FEC complaints requesting that enforcement actions be
taken against individuals or organizations that violate the law; participates in rulemaking and
advisory opinion proceedings before the FEC to ensure that the agency is properly interpreting and
enforcing federal election laws; and engages in legislative advocacy for reform measures at the
federal, state, and local level.
16. CLC relies on the accurate and complete reporting of campaign finance information
to carry out activities central to its mission, including the production of reports and other materials
to educate the public about campaign spending and the true sources and scope of candidates’
financial support.
17. CLC expends significant resources assisting reporters and other members of the media in their investigative research into candidates’ financial support and relationships with
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donors, to ensure that the public is equipped with the information necessary to evaluate different
candidates and messages and to cast informed votes.
18. CLC also uses its analyses of federal campaign finance disclosure information to
support its administrative practice at the FEC and before state and local campaign finance agencies,
and to defend campaign finance laws in its active docket of cases in federal and state courts.
19. When inadequate disclosure of federal campaign finance activity makes it difficult to ascertain the origin or nature of a candidate’s financial support, as occurs when a candidate’s fundraising and other operations are illegally outsourced to an “independent” super PAC without full disclosure, reporters often contact CLC for guidance as to whether or where they can find the campaign finance information that is not being properly reported. This work requires CLC to divert resources and funds from other organizational needs.
20. Plaintiff Democracy 21 is a nonprofit, nonpartisan organization dedicated to making democracy work for all Americans through support of campaign finance and other political reforms. To accomplish these goals, it conducts public education efforts, participates in litigation involving the constitutionality and interpretation of campaign finance laws, and engages in efforts to help ensure that campaign finance laws are properly enforced and implemented. It also participates in rulemaking and advisory opinion proceedings, and other administrative matters, at the FEC.
21. Like CLC, Democracy 21 relies on the accurate and complete reporting of campaign finance information to carry out activities central to its mission, including its public education efforts, reports, and statements about campaign spending and the sources and scope of candidates’ financial support. Democracy 21 also expends significant resources to assist members of the media with research into issues of campaign financing and the relationships between
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candidates and donors to ensure the public is broadly and accurately informed on these matters.
Democracy 21 also uses its analyses of federal campaign finance disclosure information to support its administrative efforts at the FEC, including its participation in advisory opinion and rulemaking proceedings, as well as the filing of administrative complaints, and also uses such disclosure information in litigation to defend the constitutionality of the campaign finance laws in court.
22. When such disclosure information is unavailable, inadequate, or inaccurate, such as when candidates are allowed to use supposedly “independent” outside spending groups as de facto coordinated arms of their campaigns, it impedes the ability of Democracy 21 to fulfill its mission and causes Democracy 21 to divert resources and funds from other organizational needs in order to provide the public with accurate information about the facts and implications of how the financing of federal campaigns is occurring.
23. Defendant FEC is an independent federal agency charged with the administration and civil enforcement of FECA. 52 U.S.C. § 30106(b).
Background
24. On May 27, 2015, CLC and Democracy 21 filed a complaint with the FEC against respondents Jeb Bush and Right to Rise Super PAC, urging that the Commission find reason to believe a violation of 52 U.S.C. § 30125(e) had occurred and commence an investigation. The
May 27 complaint supplemented an earlier complaint plaintiffs filed with the FEC on March 31,
2015, alleging that Bush had not complied with applicable contribution restrictions and disclosure requirements while “testing the waters” prior to officially announcing his candidacy. See infra
¶ 32.
25. Plaintiffs’ May 27 administrative complaint alleged that Bush, while holding himself out as a candidate for the Republican nomination for U.S. President, and Bush’s agents,
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established Right to Rise Super PAC in January 2015,3 and thereafter both directly and indirectly
financed, maintained, and controlled Right to Rise Super PAC in violation of 52 U.S.C.
§ 30125(e).
26. Citing news reports, the administrative complaint detailed the involvement of Bush
and his close advisors in “establishing” the super PAC. See Ex. A, Admin. Compl. ¶¶ 11-19. For
example, Bush and his agents reportedly took a direct role in recruiting high-level staff for Right
to Rise Super PAC, such as by installing Mike Murphy, one of Bush’s top advisers, at its helm.4
27. The administrative complaint also alleged that Jeb Bush directly or indirectly
“controlled” and “maintained” the super PAC while a candidate for office, citing reports that,
among other things, Bush’s advisers were “overseeing the operations of” Right to Rise Super
PAC,5 that Bush attempted to delay a formal announcement of his candidacy to maximize his soft-
3 See, e.g., Ex. A, Admin. Compl. ¶¶ 1, 9, 11 (citing Richard Costa, Jeb Bush and His Allies Form Leadership PAC and Super PAC, both dubbed Right to Rise, Wash. Post (Jan. 6, 2015), https://www.washingtonpost.com/news/post-politics/wp/2015/01/06/jeb-bush-forms-new-pac- right-to-rise; Peter Overby, 5 Years After ‘Citizens United,’ Super PACs Continue to Grow, NPR (Jan. 13, 2015), https://www.npr.org/2015/01/13/377024687/five-years-after-citizens-united- superpacs-continue-to-grow; Alex Isenstadt, Jeb Bush’s $100M May, Politico (May 8, 2015), https://www.politico.com/story/2015/05/jeb-bush-right-to-rise-super-pac-campaign-117753; Philip Rucker & Matea Gold, Top Republican Strategists in Talks to Join Jeb Bush’s Super PAC, Wash. Post (Mar. 17, 2015), https://www.washingtonpost.com/news/post-politics/wp/2015/03/17/ top-republican-strategists-in-talks-to-join-jeb-bushs-super-pac). 4 See Ex. A, Admin. Compl. ¶ 12 (citing Michael C. Bender, Jeb Bush Promises 2016 Decision in ‘Few Months,’ Bloomberg Politics (Mar. 18, 2015), https://www.bloomberg.com/news/articles/ 2015-03-18/jeb-bush-promises-2016-decision-in-next-few-months-; Rucker & Gold, supra; Maggie Haberman, Bush Advisor May Skip Campaign to Work for ‘Super PAC,’ N.Y. Times (Feb. 18, 2015), https://www.nytimes.com/politics/first-draft/2015/02/18/bush-adviser-may-skip-cam paign-to-work-for-super-pac; Jim Rutenberg, The Next Era of Campaign-Finance Craziness Is Already Underway, N.Y. Times (Apr. 21, 2015), https://www.nytimes.com/2015/04/21/magazine/ the-next-era-of-campaign-finance-craziness-is-already-underway.html; Thomas Beaumont, Bush Preparing to Delegate Many Campaign Tasks to Super PAC, Miami Herald (Apr. 21, 2015), https://www.miamiherald.com/news/nation-world/national/article19123962.html). 5 Ex. A, Admin. Compl. ¶ 11 (citing Rucker & Gold, supra). See also id. ¶¶ 12-15.
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money fundraising for the super PAC,6 and that Bush and Right to Rise Super PAC developed a
division of labor between his official authorized committee and the super PAC to operate as a
unified campaign effort.7
28. The administrative complaint also alleged Bush and his agents “financed” Right to
Rise Super PAC, and that Bush himself,8 his advisors,9 and members of his family10 personally
conducted fundraising for the super PAC.
29. For example, Bush was reportedly the “Special Guest” at the “Right to Rise
National Team Meeting” held in Miami at the end of April 2015. The invitation for that event
established four tiers of supporters, with the highest tier reserved for those who contributed or
6 See, e.g., Ex. A, Admin. Compl. ¶¶ 12, 16-18 (citing Beaumont, Bender, and Isenstadt, supra). 7 See Ex. A, Admin. Compl. ¶¶ 16-18 (citing Beaumont and Isenstadt, supra). 8 See, e.g., Ex. A, Admin. Compl. ¶ 20 (citing Nicholas Confessore, Lines are Blurred in Donor Event for Jeb Bush ‘Super PAC,’ N.Y. Times (Mar. 12, 2015), https://www.nytimes.com/politics/ first-draft/2015/03/12/lines-are-blurred-in-a-jeb-bush-super-pac-donor-event; Maggie Haberman, Hillary Clinton to Jump Start Fund-Raising Efforts, N.Y. Times (Apr. 29, 2015), https://www. nytimes.com/politics/first-draft/2015/04/29/hillary-clinton-to-jump-start-fund-raising-efforts; Matea Gold & Ed O’Keefe, Never Before Have So Many People with So Much Money Run for President, Wash. Post (Apr. 27, 2015), https://www.washingtonpost.com/politics/why-the-2016- gop-race-may-be-more-like-2012-than-the-party-hoped/2015/04/26/fff662c8-e9f9-11e4-9767- 6276fc9b0ada_story.html). See also id. ¶ 23. 9 See, e.g., Ex. A, Admin. Compl. ¶ 24 (citing Ben White, Jeb Bush’s $100 Million Problem, Politico (Mar. 16, 2015), https://www.politico.com/story/2015/03/jeb-bush-fundraising-right-to- rise-116108). 10 See, e.g., Ex. A, Admin. Compl. ¶ 26 (citing Patrick Svitek, George P. Bush to Help Raise Cash for Dad’s Super PAC, Tex. Trib. (Mar. 9, 2015), https://www.texastribune.org/2015/03/09/ george-p-bush-attend-fundraiser-dads-super-pac; Matea Gold & Ed O’Keefe, George W. and Laura Bush to Appear at Fundraiser for Jeb Bush, Wash. Post (Mar. 23, 2015), https://www.wash ingtonpost.com/news/post-politics/wp/2015/03/23/george-w-and-laura-bush-to-appear-at-fund raiser-for-jeb-bush; Ed O’Keefe, In Fundraising E-Mail, Barbara Bush Says Jeb Bush ‘Is Our Best Chance of Taking Back the White House in 2016,’ Wash. Post (Mar. 18, 2015), https://www. washingtonpost.com/news/post-politics/wp/2015/03/18/in-fundraising-e-mail-barbara-bush-says- jeb-bush-is-our-best-chance-of-taking-back-the-white-house-in-2016).
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raised $500,000 by April 17, 2015. Bush reportedly told donors at the event that he had already
“raised tens of millions of dollars for his allied super PAC.”11
30. Over the course of the 2015-2016 election cycle, the Right to Rise Super PAC spent over $86 million on behalf of Jeb Bush’s presidential run.12
31. With the exception of a single $108 expenditure, all of that spending occurred after
the filing of the May 27, 2015 administrative complaint.13
Administrative Proceedings
32. CLC and Democracy 21 first filed an FEC complaint against Bush on March 31,
2015, alleging that Bush failed to comply with the requirement that activities to “test the waters”
for an eventual campaign for federal office be paid for with funds that comply with applicable
FECA contribution limits and source restrictions, as per 11 C.F.R. §§ 100.72 and 100.131. The
March 31 complaint further alleged that there was reason to believe Bush had moved beyond
“testing the waters” to become a “candidate” under FECA, but failed to comply with the candidate registration and disclosure requirements established by 52 U.S.C. §§ 30102(e), 30103, and 30104, and 11 C.F.R. § 101.3. Ex. B, March Admin. Compl. ¶ 49.
33. The FEC responded to the March 31, 2015 complaint with a letter of
acknowledgement dated April 3, 2015 informing plaintiffs that the proceeding would be
designated Matter Under Review (“MUR”) 6927.
11 Ex. A, Admin. Compl. ¶ 20 (citing Confessore; Gold & O’Keefe, Never Before; and Haberman, Clinton to Jump Start Fund-Raising, supra). 12 See Right to Rise USA: Targeted Candidates, 2016 Cycle, Ctr. for Responsive Politics, https:// www.opensecrets.org/outsidespending/recips.php?cmte=C00571372&cycle=2016 (last visited Mar. 11, 2020). 13 See Independent Expenditures: Right to Rise USA (2015-2016), FEC, https://www.fec.gov/ data/independent-expenditures/?committee_id=C00571372&two_year_transaction_period=2016 &cycle=2016&data_type=processed&is_notice=true (last visited Mar. 11, 2020).
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34. CLC and Democracy 21 then filed the May 27 administrative complaint described in paragraphs 24-29 supra, alleging violations of 52 U.S.C. § 30125(e) by Bush and Right to Rise
Super PAC. The FEC sent plaintiffs another acknowledgement letter, dated June 4, 2015, indicating that the May 27 complaint would be treated as a supplement to the March 31 complaint.
35. Upon information and belief, the Commission has failed to act on plaintiffs’ May
27, 2015 administrative complaint, or the March 31 complaint it supplemented, since it was filed more than four and a half years ago. The Commission’s inaction has thus persisted well beyond the statutorily allotted 120-day response period, as indeed, it has failed to take action over a period more than ten times that length.
CAUSES OF ACTION
Count I: FECA, 52 U.S.C. § 30109(a)(8)(A)
36. Plaintiffs repeat and reallege paragraphs 1-35.
37. Defendant’s failure to act on plaintiffs’ administrative complaints within 120 days of their filing was contrary to law under 52 U.S.C. § 30109(a)(8)(A), which provides plaintiffs a cause of action for “a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed.”
Count II: APA, 5 U.S.C. § 706(1)
38. Plaintiffs repeat and reallege paragraphs 1-37.
39. By failing to act on plaintiffs’ administrative complaints within 120 days of their filing, the FEC unlawfully withheld and unreasonably delayed agency action under 5 U.S.C.
§ 706(1).
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REQUESTED RELIEF
WHEREFORE, plaintiffs request that this Court:
(1) Declare that the FEC’s failure to act on plaintiffs’ administrative complaints was contrary to law under 52 U.S.C. § 30109(a)(8)(A);
(2) Declare that the FEC has unlawfully withheld and unreasonably delayed agency action on plaintiffs’ administrative complaints under 5 U.S.C. § 706(1);
(3) Order the FEC to conform with this declaration within 30 days pursuant to 52
U.S.C. § 30109(a)(8)(C);
(4) Award plaintiffs their costs and reasonable attorneys’ fees incurred in this action; and
(5) Grant such other relief the Court may deem just and proper.
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Dated: March 13, 2020 Respectfully submitted,
/s/ Tara Malloy Paul M. Smith (DC Bar No. 358870) Tara Malloy (DC Bar No. 988280) Megan P. McAllen (DC Bar No. 1020509) CAMPAIGN LEGAL CENTER 1101 14TH ST. NW, SUITE 400 WASHINGTON, D.C. 20005 (202) 736-2200
Fred Wertheimer (DC Bar No. 154211) DEMOCRACY 21 2000 Massachusetts Avenue N.W. Washington, DC 20036 (202) 355-9600
Donald J. Simon (DC Bar No. 256388) SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1425 K Street N.W., Suite 600 Washington, DC 20005 (202) 682-0240
Attorneys for Plaintiffs
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EXHIBIT A Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 2 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 3 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 4 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 5 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 6 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 7 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 8 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 9 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 10 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 11 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 12 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 13 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 14 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 15 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 16 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 17 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 18 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 19 of 20 Case 1:20-cv-00730-CRC Document 1-1 Filed 03/13/20 Page 20 of 20 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 1 of 19
EXHIBIT B Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 2 of 19
BEFORE THE UNITED STATES FEDERAL ELECTION coMMissION 21; � 1;c� Ji PH 1: 06
Campaign Legal Center 215 E Street, NE Washington, DC 20002 (202) 736-2200
Democracy 21 2000 Massachusetts A venue, NW Washington, DC 20036 (202) 355-9600
V. MURNo.
John Ellis "Jeb" Bush c/o Right to Rise PAC P.O. Box 14349 Tallahassee, FL 32317
COMPLAINT
1. This complaint is filedpursuant to 52 U.S.C. § 30109(a)(l) and is based on information
providing reason to believe that John Ellis "Jeb" Bush has been "testing the waters" of a
2016 presidential campaign and has not complied with and will not comply with the
requirement that "testing the waters" activities be paid for with fundsthat comply with
the Federal Election Campaign Act's ("FECA") candidate contribution limits and
restrictions, in violation of FECA provisions, 52 U.S.C. § 30101, et seq., and
Commission regulations.
2. Additionally, this complaint is based on information providing reason to believe that Jeb
Bush moved beyond "testing the waters" to become a "candidate" under FECA and
violated the candidate registration and reporting requirements, contribution limits and
restrictions, and "soft money" prohibitions of FECA, 52 U.S.C. § 30101, et seq., and
Commission regulations. Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 3 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 4 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 5 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 6 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 7 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 8 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 9 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 10 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 11 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 12 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 13 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 14 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 15 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 16 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 17 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 18 of 19 Case 1:20-cv-00730-CRC Document 1-2 Filed 03/13/20 Page 19 of 19 Case 1:20-cv-00730-CRC Document 1-3 Filed 03/13/20 Page 1 of 2 CIVIL COVER SHEET JS-44 (Rev. 6/17 DC) I. (a) PLAINTIFFS DEFENDANTS CAMPAIGN LEGAL CENTER and FEDERAL ELECTION COMMISSION DEMOCRACY 21
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF ______DC COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT ______DC (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Tara Malloy, Campaign Legal Center Office of the General Counsel 1101 14th St. NW, Ste. 400 Federal Election Commission Washington D.C., 20005 1050 First Street, NE (202) 736-2200 Washington, D.C. 20463
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR (PLACE AN x IN ONE BOX ONLY) PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY! PTF DFT PTF DFT o 1 U.S. Government o 3 Federal Question Plaintiff (U.S. Government Not a Party) Citizen of this State o 1 o 1 Incorporated or Principal Place o 4 o 4 of Business in This State 2 U.S. Government 4 Diversity o o Citizen of Another State o 2 o 2 Incorporated and Principal Place o 5 o 5 Defendant (Indicate Citizenship of of Business in Another State Parties in item III) Citizen or Subject of a o 3 o 3 Foreign Country Foreign Nation o 6 o 6
IV. CASE ASSIGNMENT AND NATURE OF SUIT (Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit) o A. Antitrust o B. Personal Injury/ o C. Administrative Agency o D. Temporary Restraining Malpractice Review Order/Preliminary Injunction 410 Antitrust 310 Airplane 151 Medicare Act 315 Airplane Product Liability Any nature of suit from any category Social Security 320 Assault, Libel & Slander may be selected for this category of 861 HIA (1395ff) 330 Federal Employers Liability case assignment. 862 Black Lung (923) 340 Marine 863 DIWC/DIWW (405(g)) 345 Marine Product Liability *(If Antitrust, then A governs)* 864 SSID Title XVI 350 Motor Vehicle 865 RSI (405(g)) 355 Motor Vehicle Product Liability Other Statutes 360 Other Personal Injury 891 Agricultural Acts 362 Medical Malpractice 893 Environmental Matters 365 Product Liability 890 Other Statutory Actions (If 367 Health Care/Pharmaceutical Administrative Agency is Personal Injury Product Liability Involved) 368 Asbestos Product Liability
o E. General Civil (Other) OR o F. Pro Se General Civil Real Property Bankruptcy Federal Tax Suits 462 Naturalization 210 Land Condemnation 422 Appeal 27 USC 158 870 Taxes (US plaintiff or Application 220 Foreclosure 423 Withdrawal 28 USC 157 defendant) 465 Other Immigration 230 Rent, Lease & Ejectment 871 IRS-Third Party 26 USC Actions 240 Torts to Land Prisoner Petitions 7609 470 Racketeer Influenced 535 Death Penalty 245 Tort Product Liability & Corrupt Organization 540 Mandamus & Other Forfeiture/Penalty 290 All Other Real Property 480 Consumer Credit 550 Civil Rights 625 Drug Related Seizure of 490 Cable/Satellite TV 555 Prison Conditions Property 21 USC 881 Personal Property 850 Securities/Commodities/ 370 Other Fraud 560 Civil Detainee – Conditions 690 Other Exchange 371 Truth in Lending of Confinement Other Statutes 896 Arbitration 380 Other Personal Property 375 False Claims Act 899 Administrative Procedure Damage Property Rights 376 Qui Tam (31 USC Act/Review or Appeal of 385 Property Damage 820 Copyrights 3729(a)) Agency Decision Product Liability 830 Patent 835 Patent – Abbreviated New 400 State Reapportionment 950 Constitutionality of State Drug Application 430 Banks & Banking Statutes 840 Trademark 450 Commerce/ICC 890 Other Statutory Actions Rates/etc. (if not administrative agency 460 Deportation review or Privacy Act) Case 1:20-cv-00730-CRC Document 1-3 Filed 03/13/20 Page 2 of 2
o G. Habeas Corpus/ o H. Employment o I. FOIA/Privacy Act o J. Student Loan 2255 Discrimination
530 Habeas Corpus – General 442 Civil Rights – Employment 895 Freedom of Information Act 152 Recovery of Defaulted 510 Motion/Vacate Sentence (criteria: race, gender/sex, 890 Other Statutory Actions Student Loan 463 Habeas Corpus – Alien national origin, (if Privacy Act) (excluding veterans) Detainee discrimination, disability, age, religion, retaliation)
*(If pro se, select this deck)* *(If pro se, select this deck)* o K. Labor/ERISA o L. Other Civil Rights o M. Contract o N. Three-Judge (non-employment) (non-employment) Court 110 Insurance 710 Fair Labor Standards Act 441 Voting (if not Voting Rights 120 Marine 441 Civil Rights – Voting 720 Labor/Mgmt. Relations Act) 130 Miller Act (if Voting Rights Act) 740 Labor Railway Act 443 Housing/Accommodations 140 Negotiable Instrument 751 Family and Medical 440 Other Civil Rights 150 Recovery of Overpayment Leave Act 445 Americans w/Disabilities – & Enforcement of 790 Other Labor Litigation Employment Judgment 791 Empl. Ret. Inc. Security Act 446 Americans w/Disabilities – 153 Recovery of Overpayment Other of Veteran’s Benefits 448 Education 160 Stockholder’s Suits 190 Other Contracts 195 Contract Product Liability 196 Franchise
V. ORIGIN o 1 Original o 2 Removed o 3 Remanded o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to o 8 Multi-district Proceeding from State from Appellate or Reopened from another Litigation District Judge Litigation – Court Court district (specify) from Mag. Direct File Judge
VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.) Action for declaratory and injunctive relief under 52 U.S.C. § 30109(a)(8) against Federal Election Commission.
VII. REQUESTED IN CHECK IF THIS IS A CLASS DEMAND $ Check YES only if demanded in complaint COMPLAINT ACTION UNDER F.R.C.P. 23 JURY DEMAND: YES NO ✘
VIII. RELATED CASE(S) (See instruction) YES NO ✘ If yes, please complete related case form IF ANY
DATE: ______March 13, 2020 SIGNATURE OF ATTORNEY OF RECORD ______/s/ Tara Malloy
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 Authority for Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.
III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction under Section II.
IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding nature of suit found under the category of the case.
VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.
VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from the Clerk’s Office.
Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form. Case 1:20-cv-00730-CRC Document 1-4 Filed 03/13/20 Page 1 of 2
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