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Federal Election Commission | United States of America

NCPAC v. FEC

Summary

On February 15, 1978, the National Conservative Political Action Committee (NCPAC) filed suit against the Federal Election Commission challenging the legality of the Commission's regulation (11 CFR 110.1(g)(1)) and the Commission's Advisory Opinion 1978-1 which provide that the contribution limitations (2 U.S.C. §441a) do not apply to pre-1975 campaign debts. In the case of AO 1978-1, the Commission allowed the Democratic National Committee to retire pre-1975 debts without regard to the contribution limitations.

On April 28, 1978, the court granted the Commission's motion to dismiss with respect to AO 1978-1 and granted summary judgment with respect to 11 CFR 110.1(g)(1). The court cited the following reasons:

  • The court lacks jurisdiction with respect to the activities of the DNC because NCPAC did not use the statutorily established compliance procedures (2 U.S.C. §437g) prior to filing suit in district court.
  • AO 1978-1 and its effect on NCPAC does not present an issue "ripe for review" by the court.
  • Nothing in the Act or legislative history of the Act provides for the extension of the contribution limits to pre-1975 election debts.
  • The regulation does not "deny equal protection of the laws to persons and entities subject to the contribution limitations.. .. "
  • The regulations were promulgated in accordance with the Administrative Procedures Act.

Source:   FEC Record — June 1978. National Conservative Political Action Committee v. FEC, 2 Fed. Elec. Camp. Fin. Guide (CCH) ¶9057 (D.D.C. 1978), aff'd, 626 F.2d 953 (D.C. Cir. 1980).

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.