Case: Lacy v. Federal Election Commission

1:25-cv-01808 | U.S. District Court for the District of District of Columbia

Filed Date: June 9, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Federal Election Commission’s (FEC) October 2024 dismissal of an administrative complaint which alleged that National Public Radio (NPR) violated the Federal Election Campaign Act of 1971 (FECA). Specifically, the complaint claimed that NPR unlawfully made in-kind contributions to, and failed to disclose independent expenditures made to, the 2024 presidential campaigns of President Biden and Vice President Harris. NPR, as a news organization, is exempt from many of FECA…

This case challenged the Federal Election Commission’s (FEC) October 2024 dismissal of an administrative complaint which alleged that National Public Radio (NPR) violated the Federal Election Campaign Act of 1971 (FECA). Specifically, the complaint claimed that NPR unlawfully made in-kind contributions to, and failed to disclose independent expenditures made to, the 2024 presidential campaigns of President Biden and Vice President Harris. NPR, as a news organization, is exempt from many of FECA’s strictures; plaintiffs contended that NPR advocated so consistently for Democratic candidates and priorities so as not to qualify for such an exemption. Plaintiffs, a coalition of right-wing nonprofits and activists, alleged that the FEC’s dismissal of their administrative complaint violated FECA.

Represented by private counsel, plaintiffs filed this lawsuit against the FEC on June 9, 2025, in the U.S. District Court for the District of Columbia. Plaintiffs sought a declaration that the FEC’s dismissal of their administrative complaint was “arbitrary, capricious, and contrary to law” under FECA, an order that the FEC comply with such a declaration, and attorneys’ fees.

The case has not yet been assigned to a judge. It is ongoing.

Summary Authors

Matt Petrillo (6/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70496175/parties/lacy-v-federal-election-commission/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Davidson, Erielle (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01808

Complaint for Declaratory and Injunctive Relief

June 9, 2025

June 9, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70496175/lacy-v-federal-election-commission/

Last updated Aug. 21, 2025, 2:30 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL ELECTION COMMISSION ( Filing fee $ 405 receipt number ADCDC-11745386) filed by JAMES LACY in his capacity as President of United States Justice Foundation and Policy Issues Institute, ALEXANDER TOMESCU, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons)(Davidson, Erielle) (Entered: 06/09/2025)

1 Exhibit Exhibit 1

View on RECAP

2 Civil Cover Sheet Civil Cover Sheet

View on PACER

3 Summons Summons

View on PACER

June 9, 2025

June 9, 2025

RECAP
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION (Davidson, Erielle) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP
3

REQUEST FOR SUMMONS TO ISSUE filed by ALEXANDER TOMESCU, JAMES LACY, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. Related document: 1 Complaint, filed by JAMES LACY, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION, POLICY ISSUES INSTITUTE. (Attachments: # 1 Summons summons)(Davidson, Erielle) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
4

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/10/2025. (lcrdm3) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
5

SUMMONS (2) Issued Electronically as to FEDERAL ELECTION COMMISSION and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
6

REQUEST FOR SUMMONS TO ISSUE filed by ALEXANDER TOMESCU, JAMES LACY, POLICY ISSUES INSTITUTE, UNITED STATES JUSTICE FOUNDATION. Related document: 1 Complaint, filed by JAMES LACY, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION, POLICY ISSUES INSTITUTE.(Davidson, Erielle) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER
7

SUMMONS (1) Issued Electronically as to U.S. Attorney (Attachments: # 1 Notice and Consent)(zdp) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

PACER

Notice of Error- New Case

June 10, 2025

June 10, 2025

PACER

Case Assigned/Reassigned

June 10, 2025

June 10, 2025

PACER

Case Assigned to Judge Randolph D. Moss. (znmw)

June 10, 2025

June 10, 2025

PACER

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Do not sign and date summonses. Please submit using the event Request for Summons to Issue. (znmw)

June 10, 2025

June 10, 2025

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bradley William Hertz, Filing fee $ 100, receipt number ADCDC-11756890. Fee Status: Fee Paid. by JAMES LACY, POLICY ISSUES INSTITUTE, ALEXANDER TOMESCU, UNITED STATES JUSTICE FOUNDATION. (Attachments: # 1 Declaration Declaration, # 2 Exhibit Certificate of Good Standing)(Davidson, Erielle) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 16, 2025

June 16, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. Bradley W. Hertz is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions. Signed by Judge Randolph D. Moss on 6/16/2025. (lcrdm3)

June 16, 2025

June 16, 2025

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/17/2025. (Attachments: # 1 Exhibit Certified Mail Return Card, # 2 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ELECTION COMMISSION served on 6/16/2025 (Attachments: # 1 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
12

NOTICE of Lack of Quorum by FEDERAL ELECTION COMMISSION (Cunningham, Brian) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
13

NOTICE of Filing of Certification of Votes by FEDERAL ELECTION COMMISSION (Attachments: # 1 Amended Certification)(Cunningham, Brian) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/17/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/16/2025. (Attachments: # 1 Exhibit Certified Mail Return Card, # 2 Exhibit USPS tracking)(Davidson, Erielle) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
14

Notice of Appearance

July 28, 2025

July 28, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

Aug. 19, 2025

Aug. 19, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Voting/Election Law)

Key Dates

Filing Date: June 9, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four right-wing nonprofits and activists.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Election Commission (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Voting:

Election administration

Voting: General & Misc.