Nonprofit secures D.C. Circuit decision affirming dismissal of novel citizen suit under Federal Election Campaign Act

Client(s) Nonprofit group

In a case of first impression, Jones Day successfully represented a nonprofit group in an appeal of a dismissal of a citizen suit under the Federal Election Campaign Act. Jones Day argued that the plaintiff failed to satisfy the preconditions to bring a citizen suit because previously concealed Federal Election Commission (FEC) records revealed that the Commission had conformed with a court order requiring it to take action on an administrative complaint. The D.C. Circuit agreed, holding that a "previously unknown vote" where the Commission deadlocked over whether to take enforcement action was sufficient "to preclude this citizen suit." As the D.C. Circuit explained, the law provides the right "to compel the Commission's engagement" with an administrative complaint, not "a particular vote outcome."