In an opinion issued Monday in CREW vs Federal Election Commission, United States District Judge Christopher Cooper ruled that the FEC must report its reasons for dismissing a complaint at the time it votes to do so. 

CREW brought this case to challenge the FEC’s dismissal of a complaint against Ohio-based dark money group Freedom Vote for failing to register as a political committee, which was confirmed by an FEC investigation. Only months after the dismissal, and after CREW challenged the dismissal in court, did CREW and the dismissing commissioners learn  the purported rationale for voting to dismiss: one that attempted to prevent court challenges to parts of the dismissal. 

Because of the FEC’s structure, issuing explanations before a vote is crucial, since commissioners voting to dismiss may be different from those who provide the justification for dismissal. Previously, Commissioners could be asked to vote to dismiss without knowing the rationale that would eventually be offered in court to justify that dismissal. 

CREW Director of Campaign Finance Litigation Stuart McPhail issued the following statement: 

“We appreciate Judge Cooper’s decision, which will make it easier for CREW and others to seek accountability in court for violations of campaign finance law if the FEC fails to enforce the law. The FEC found overwhelming evidence that Freedom Vote violated the law and should have registered as a political committee, but still dismissed our complaint. Judge Cooper’s decision is a victory for accountability and makes clear that the FEC cannot dodge litigation and that commissioners voting to dismiss will know how, and whether, their actions will be tested in court.”