Heritage Action for America successfully challenges FEC's concealment policy

Client(s) Heritage Action for America

Jones Day successfully represented Heritage Action for America in challenging a policy adopted by the Federal Election Commission to deliberately conceal from the public and courts the FEC Commissioners' votes deadlocking on whether administrative complaints warranted agency enforcement efforts. Heritage Action argued that the Commission's policy of concealing such "deadlock dismissals" violates the Administrative Procedure Act because the Commission is required by law to notify the public of its action in enforcement proceedings. The U.S. District Court for the District of Columbia agreed, holding that "it is unlawful for the Commission to fail to disclose such a deadlock dismissal."

Heritage Action for America v. Federal Election Commission, No. 22-cv-1422 (D.D.C. 2023)