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Federal Election Commission | United States of America

FEC v. Walsh for Congress

Summary

Background

On September 20, 1985, the U.S. District Court for the Eastern District of Michigan, Southern Division, issued an opinion which held the Kirk Walsh for Congress Committee (the Committee) and its treasurer, Kirk Walsh, in contempt for failing to comply with a default judgment entered against the Committee in April 1985. (Civil Action No. 84-9802.)

In the April 1985 default judgment, the court had ordered the Committee, Mr. Walsh's principal campaign committee for his 1980 House campaign, to take the following actions within 30 days:

  • File a 30 day post-general election report for 1980 and mid-year and year-end reports for 1981, 1982 and 1983;
  • Pay a $5,000 civil penalty to the U.S. Treasury; and
  • Pay court costs incurred by the FEC in pursuing the action.

In its contempt order, the court ordered the Committee and Mr. Walsh to comply with the default judgment by October 11, 1985. In the event the Committee failed to meet the deadline, the court would assess a fine of $2,000 and $100 per day until the Committee fully complied with the court's orders.

The court also ordered the Committee and Mr. Walsh to pay costs and attorney fees incurred by the Commission in bringing this action.

Decisions

On July 28, 1986, the district court issued another order after the Committee and Mr. Walsh had failed to comply with the court's September 1985 contempt order. In its order of July 1986, the court required the Kirk Walsh for Congress Committee (the Committee) and its treasurer, Kirk Walsh, to:

  • Provide the FEC with accurate reports of campaign finance activity from 1980 through 1986; and
  • Pay a $5,000 civil penalty to the U.S. Treasurer, in addition to the $5,000 civil penalty the court had assessed against the Committee in September 1985.

The court also ordered the Committee and Mr. Walsh to comply with its order by August 28, 1986. (Civil Action No. CA84-CV-9802) In the event that the Committee failed to meet the deadline, the court would assess a fine of $200 per day, beginning August 15, 1986, and continuing until the defendants had fully complied with the court's order.

Source:   FEC Record —September 1986, p. 7; November 1985, p. 5; FEC v. Kirk Walsh for Congress Committee, No. 84-CV-9802-PH (E.D. Mich. August 5, 1986) (memorandum opinion and order, supersedes July 28, 1986).

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.