Suit says U.S. election commission failing to act against NRA

WASHINGTON -- A gun-control group that filed complaints against the National Rifle Association sued the Federal Election Commission this week, accusing the agency of dragging its feet on the case.

The advocacy organization, named Giffords, says the "failure of the Commission to act" in a timely manner violated federal statutes.

It is asking a judge to rule that the commission's inaction is "contrary to law" and to order the the commission to "conform with" the ruling within 30 days.

Giffords alleges that the NRA's Political Victory Fund and its Institute for Legislative Action made millions of dollars in illegal contributions to seven federal office-seekers in 2014, 2016 and 2018.

The list of alleged beneficiaries included U.S. Sen. Tom Cotton, R-Ark. (in 2014), President Donald Trump (in 2016), as well as five other candidates.

The NRA has denied wrongdoing.

"We scrupulously follow the law," NRA spokeswoman Jennifer Baker told The Washington Post.

The suit, which was filed in the U.S. District Court for the District of Columbia, was drafted by attorneys for the Giffords Law Center to Prevent Gun Violence and the Campaign Legal Center.

In a written statement, Giffords Law Center chief counsel Adam Skaggs accused the federal agency of failing to do its job.

"The FEC is supposed to be the nation's election watchdog, but in this case it didn't bite, bark, or even whimper," he said.

Corey Goldstone, a spokesman for the Campaign Legal Center, said his organization isn't accusing Cotton of misconduct.

"Our lawsuit is not against any of the candidates," he said. "There's no allegations that he was aware of the NRA's scheme to place ads on his behalf."

"Our goal is to reform the FEC and draw attention to the fact that it has failed its duty to uphold and protect our nation's campaign finance laws," he said. "In order for our elections to function properly, independent groups must be actually independent. Otherwise, wealthy special interests will continue to push the legal envelope and get away with breaking the law."

In a written statement, the Cotton campaign defended its own practices, portraying Giffords as a liberal advocacy organization.

"Neither Senator Cotton nor his campaign are parties in the lawsuit filed by a left-wing group against the Federal Election Commission. Cotton for Senate complies with all regulations and will continue to do so," it said.

Under federal election law, groups like the NRA can spend unlimited amounts of money on independent efforts to support or oppose a candidate. However, the spending must not be coordinated with a candidate's campaign.

As much as $35 million in NRA spending was "coordinated" and therefore a violation of federal election law, Giffords alleged.

Wednesday's lawsuit accused the NRA of using "a network of shell corporations, effectively evading federal contribution limits and shielding millions of dollars of political spending from public and government scrutiny" in violation of federal law.

The NRA, Giffords alleges, hired the same people to produce and place ads as the candidates they were supporting. The businesses may have had different names, but they were affiliated with and sometimes "functionally indistinguishable" from one another.

Giffords filed separate complaints in July, September, October and December. Thus far, no rulings have been issued.

Federal law allows complainants to file a petition with the U.S. District Court for the District of Columbia if the Federal Election Commission fails to act within 120 days.

Commission spokesman Judith Ingram said Thursday that the agency won't comment on pending litigation. The NRA did not respond to a phone call and an electronic message Thursday afternoon requesting comment.

Giffords is named after former U.S. Rep. Gabby Giffords, a Democrat from Arizona, who was shot while meeting with constituents in Tucson.

After surviving the attack, which claimed six lives and left 13 people wounded, she co-founded the anti-gun violence organization that now bears her name.

Metro on 04/26/2019

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