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Federal Election Commission | United States of America

Antosh v. FEC (85-1410); Citizens for Percy 84 v. FEC (85-0763); Common Cause v. FEC (85-0968); Golar v. FEC

Summary

On October 23, 1985, the U.S. District Court for the District of Columbia ruled on Common Cause v. FEC.[1] (Civil Action No. 85-968), Golar v. FEC (Civil Action No. 85-225) and Citizens for Percy v. FEC (Civil Action No. 85-763), three suits which had challenged the FEC's dismissal of administrative complaints.

Under the election law, a suit challenging the dismissal of an administrative complaint must be filed with a district court within 60 days after it is dismissed by the FEC. 2 U.S.C. §437g(a)(8)(B). The FEC had argued that the 60-day period begins at the time the Commission votes to dismiss an administrative complaint. The court, however, concluded that the 60-day period begins when a complainant actually receives the notice of dismissal.

Based on this ruling, the court dismissed Citizens for Percy v. FEC because the Committee had filed its suit more than 60 days after both the Commission's decision to dismiss the Committee's administrative complaint and its receipt of the FEC's notice of dismissal. On the other hand, the court decided not to dismiss the suits brought by Common Cause and Mr. Golar because plaintiffs had filed their respective challenges within 60 days of FEC notification.

In Antosh v. FEC (Civil Action No. 85-1410),[2] another district court reached a different conclusion on June 7, 1985. In a suit to review conciliations agreements entered into by the Commission, the court concluded that the 60-day period for filing suit began on "the date the Commission approved the conciliation agreements and they became effective." Finding that the matter had been filed within 60 days of that date, the court agreed to hear the case.

FOOTNOTES:

[1] The district court decision in Common Cause v. FEC (85-0968) appears in alphabetical order, inserted with other Common Cause suits.
[2] For the district court decision in Antosh v. FEC (85-1410), see Antosh v. FEC (86-0179).

Source: FEC Record — December 1985. Annual Report 1985, p. 15. Antosh v. FEC, 613 F. Supp. 729 (D.D.C. 1985). Citizens for Percy '84 v. FEC, 2 Fed. Elec.
Camp. Fin. Guide (CCH) ¶9229 (D.D.C. 1985).

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.