Colleen Oliver and Steve Oliver v. FEC challenges itemization of certain conduit contributions (24-1166)

On July 11, 2024, Colleen and Steve Oliver (plaintiffs) filed suit against the Commission in the United States District Court for the Northern District of Ohio Western Division (the court). Plaintiffs claim that the conduitreporting requirement is unconstitutional as applied to donations of up to $200.

Under the Federal Election Campaign Act, political committees must report all contributionsreceived, but are required to itemize only contributions that aggregate in excess of $200 within the calendar year (or election cycle, in the case of an authorized committeeof a candidate for federal office). Itemized entries include an individual contributor's name, address, occupation and employer. The conduit reporting requirement at 52 U.S.C. § 30116(a)(8) requires intermediaries or conduits to report to the Commission both the receipt of the initial contribution as well as the disbursement to the intended recipient. This conduit reporting requirement does not include a threshold for itemization of contribution.

Plaintiffs ask the court to declare that the disclosure of contributor names and addresses of conduit contributions less than $200 violates the First Amendment. Plaintiffs further seek permanent injunctive relief barring the FEC from requiring fundraising platforms be subject to 52 U.S.C. § 30116(a)(8) when reporting conduit contributions and ask the court to order that all their past small amount conduit contributions be removed from the FEC's public record.

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