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Federal Election Commission | United States of America

National Right to Work Committee v. FEC (84-2955)

Summary

On September 21, 1984, the National Right to Work Committee (NRWC) and Mr. Ralph M. Hettinga filed suit in the U.S. District Court for the District of Columbia asking the court to declare that the FEC had acted contrary to law in failing to act on an administrative complaint within 120 days (Civil Action No. 84-2955).

In their administrative complaint filed with the FEC on May 18, 1984, plaintiffs had alleged that the Mondale for President Committee (the Mondale Committee) and numerous Mondale delegate committees were affiliated committees, subject to a single, shared contribution limit, and that they had violated 2 U.S.C. §441a by accepting excessive contributions. The complaint had further alleged that several union political action committees were also affiliated with each other and had also violated Section 441a by making excessive contributions to the Mondale Committee through the delegate committees.

On October 31, 1984, the district court ruled that the Commission had not acted contrary to law in its handling of the complaint. The court rejected plaintiffs' argument that 2 U.S.C. §437g(a)(8) requires the agency to resolve a complaint within 120 days. Rather, the court held that the time period "is jurisdictional in nature, marking the time at which judicial intervention is permissible if appropriate." The court further remarked that, after the 120-day period, "a court may declare agency inaction to be contrary to law...but has discretion to conclude otherwise."

Although plaintiffs wanted the court to order the FEC to resolve the complaint before the November 6 election day, the court denied the request, finding that the law "does not provide for pre-election resolution of every complaint...implicating the campaign of a candidate for office. Especially in an election year, the FEC workload exceeds its resources, and a decision to expedite the consideration of plaintiffs' complaint would necessarily delay resolution of other pending matters. The Commission's judgment as to the priority each case deserves...should not be ignored."

Source:  FEC Annual Report 1984. National Right to Work Committee and Hettinga v. FEC, 2 Fed. Elec. Camp. Fin. Guide (CCH) ¶9225 (D.D.C. 1984).

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.