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.”
- Salon: Florida Gov. Rick Scott, now a Senate candidate, accused of flouting campaign finance law
- The Hill: Watchdog sues FEC for closing investigation into Rick Scott, allied super PAC
- Reason: D.C. Circuit Grants En Banc Review to Consider Reviewability of FEC Enforcement Discretion
- CLC: Opposing Special Interest Loopholes in Campaign Finance Law Enforcement — ECU v. FEC (Rick Scott Appeal)
- South Florida Sentinel Editorial: Epic failures at FEC allow Sen. Rick Scott to exploit campaign laws
- Florida Politics: FEC complaint charges Rick Scott with ‘soft money’ fundraising before Senate campaign launch
- Tampa Bay Times: Federal complaint alleges Rick Scott’s PAC illegally skirted fundraising restrictions
- Tampa Bay Times: Federal complaint alleges Rick Scott illegally benefited from anti-Bill Nelson Super PAC ads
- Law 360: GOP Defends FEC Discretion To Ax Campaign Finance Cases
- Law 360: En Banc DC Circ. Will Revisit Campaign Finance Appeal
Timeline:
- 2017 and 2018: In violation of the federal law, Rick Scott fails to timely file a statement of candidacy and disclosure report; and New Republican PAC solicited, received, and spent soft money in connection with a federal election while controlled by Scott.
- April 2018: ECU files first FEC complaint against Scott and New Republican PAC.
- September 2018: ECU files a second FEC complaint against Scott’s campaign and New Republican PAC.
- December 2020: FEC Office of General Counsel finds reason to believe Scott and New Republican PAC broke the law and recommended an investigation.
- May 2021: Republican FEC commissioners vote NO on moving forward with investigation.
- August 2021: ECU files a lawsuit against the FEC to challenge the wrongful dismissal.
- October 2021: Democratic FEC commissioners release a statement on the litigation contesting the argument that the FEC dismissed the matter on prosecutorial discretion grounds.
- November 2021: District court grants New Republican PAC’s motion to intervene in the litigation.
- September 2022: District court judge dismisses the case based on prosecutorial discretion, finding FEC’s decision to dismiss coordination claims as reasonable.
- October 2022: ECU appeals to the Circuit Court.
- April 2023: Oral arguments at the DC Circuit Court in End Citizens United v. FEC.
- January 2024: DC Circuit Court three judge panel issued a split 2-1 decision affirming the district court’s dismissal.
- February 2024: ECU petitions for rehearing en banc.
- October 2024: DC Circuit Court grants ECU’s petition to rehear End Citizens United PAC v. FEC en banc.
- February 2025: Oral arguments at the DC Circuit Court.
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