Case: Democracy Forward Foundation v. U.S. Election Assistance Commission

1:26-cv-01271 | U.S. District Court for the District of District of Columbia

Filed Date: April 15, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

On April 15, 2026, Democracy Forward Foundation filed suit against the U.S. Election Assistance Commission (EAC) in U.S. District Court for the District of Columbia under federal question jurisdiction. Democracy Forward Foundation submitted two Freedom of Information Act (FOIA) requests to the EAC on February 6, 2026, seeking records related to communications between EAC Commissioners and external entities, as well as text messages and external emails sent by the Commissioners. The plaintiff al…

On April 15, 2026, Democracy Forward Foundation filed suit against the U.S. Election Assistance Commission (EAC) in U.S. District Court for the District of Columbia under federal question jurisdiction. Democracy Forward Foundation submitted two Freedom of Information Act (FOIA) requests to the EAC on February 6, 2026, seeking records related to communications between EAC Commissioners and external entities, as well as text messages and external emails sent by the Commissioners. The plaintiff alleged this was done to shed light on the influence of individuals and organizations described as "election deniers" on the EAC's operations and possible efforts by the Trump-Vance Administration to undermine election integrity. The EAC allegedly assigned tracking numbers to the requests but estimated it would not respond until February 2027, approximately 10 months after the requests were made and long after the federal elections. Democracy Forward Foundation brought one count alleging violation of FOIA, claiming that by failing to respond to the FOIA requests with determinations within the statutorily mandated time period, the defendant violated its duties under FOIA, including duties to conduct reasonable searches for responsive records, take reasonable steps to release nonexempt information, and not withhold responsive records. The plaintiff sought orders requiring the defendant to conduct adequate searches and produce all non-exempt responsive records, an injunction against continued withholding of non-exempt records, and an award of costs and attorneys' fees.

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73193125/parties/democracy-forward-foundation-v-us-election-assistance-commission/


Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

McGrath, Daniel Alexander (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01271

Complaint for Injunctive Relief

April 15, 2026

April 15, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73193125/democracy-forward-foundation-v-us-election-assistance-commission/

Last updated June 25, 2026, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. ELECTION ASSISTANCE COMMISSION ( Filing fee $ 405 receipt number ADCDC-12361389) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 04/15/2026)

1 Civil Cover Sheet

View on RECAP

2 Summons

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3 Summons

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4 Summons

View on RECAP

April 15, 2026

April 15, 2026

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 04/15/2026)

April 15, 2026

April 15, 2026

3

SUMMONS (3) Issued Electronically as to U.S. ELECTION ASSISTANCE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(gsk) (Entered: 04/15/2026)

April 15, 2026

April 15, 2026

4

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/15/2026. (lctnm1). (Entered: 04/15/2026)

April 15, 2026

April 15, 2026

Case Assigned/Reassigned

April 15, 2026

April 15, 2026

Case Assigned to Judge Trevor N. McFadden. (gsk)

April 15, 2026

April 15, 2026

5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2026. Answer due for ALL FEDERAL DEFENDANTS by 5/16/2026. (McGrath, Daniel) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/20/2026. (McGrath, Daniel) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ELECTION ASSISTANCE COMMISSION served on 4/17/2026 (McGrath, Daniel) (Entered: 04/28/2026)

April 28, 2026

April 28, 2026

8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy C. Vickery, Filing fee $ 100, receipt number ADCDC-12400075. Fee Status: Fee Paid. by DEMOCRACY FORWARD FOUNDATION. (McGrath, Daniel) (Main Document 8 replaced on 5/11/2026) (mg). (Entered: 05/04/2026)

May 4, 2026

May 4, 2026

Order on Motion for Leave to Appear Pro Hac Vice

May 4, 2026

May 4, 2026

MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice as to Amy C. Vickery. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/4/2026. (lctnm1).

May 4, 2026

May 4, 2026

9

NOTICE of Appearance by Amy C. Vickery on behalf of DEMOCRACY FORWARD FOUNDATION (Vickery, Amy) (Main Document 9 replaced on 5/11/2026) (mg). (Entered: 05/05/2026)

May 5, 2026

May 5, 2026

10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ELECTION ASSISTANCE COMMISSION served on 5/7/2026 (McGrath, Daniel) (Entered: 05/12/2026)

May 12, 2026

May 12, 2026

11

ANSWER to Complaint by U.S. ELECTION ASSISTANCE COMMISSION.(Zieman, Benjamin) (Entered: 05/18/2026)

May 18, 2026

May 18, 2026

MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before June 18, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/19/2026 (lctnm1).

May 19, 2026

May 19, 2026

.Order AND ~Util - Set/Reset Deadlines

May 19, 2026

May 19, 2026

12

Joint STATUS REPORT by U.S. ELECTION ASSISTANCE COMMISSION. (Zieman, Benjamin) (Entered: 06/18/2026)

June 18, 2026

June 18, 2026

.Order AND ~Util - Set/Reset Deadlines

June 22, 2026

June 22, 2026

MINUTE ORDER. The parties are directed to submit another Joint Status Report on or before July 20, 2026, updating the Court on this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/2026 (lctnm1).

June 22, 2026

June 22, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Privacy

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 15, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-01271

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation