FEC will notify MUR respondents of litigation remands, consider supplemental response or material

On December 12, 2024, the Commission approved a Statement of Policy providing that, if the Commission receives a remand in litigation instituted pursuant to 52 U.S.C. § 30109(a)(8), it will notify the respondent(s) in the Matter Under Review (MUR) of the relevant court decision(s) and consider any supplemental response or material the respondent(s) may wish to provide.

Background

Under the Federal Election Campaign Act (the Act), any person may file an administrative complaint with the Commission if that person believes a violation of the federal election campaign laws or FEC regulations has occurred or is about to occur. The Commission sends each respondent a copy of the complaint and provides an opportunity to respond to the complaint's allegations. The Act states that any party, "aggrieved by an order of the Commission dismissing a complaint filed by such party…or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia." The court may declare that the dismissal of the complaint or the failure to act is contrary to law and may direct the Commission to conform with such declaration within 30 days.

Notice to MUR respondents

Lawsuits under 52 U.S.C. § 30109(a)(8) are brought by complainants against the Commission, and MUR respondents may be unaware of the actions taken in these cases. Because the Commission will generally be ordered to conform to a particular judicial opinion, and because the facts and circumstances of a MUR may have changed with the passage of time, any response previously provided by a respondent may be stale. Accordingly, whenever a remand is ordered by final judgment or appellate decision in a case brought pursuant to 52 U.S.C. § 30109(a)(8), the Commission will provide MUR respondents with notice of that decision by letter within 48 hours to both the email and physical address on file. In addition to enclosing the relevant opinion and order, the letter will note any deadline for Commission action along with providing advice that the Commission will consider any supplemental response or material the respondent(s) may wish to provide for the purpose of the remand.

The Statement of Policy was published in the Federal Register on January 17, 2025 and will be effective on February 18, 2025.

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