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Federal Election Commission | United States of America

Shawn O'Hara v. FEC

Summary

On June 29, 2004, the U.S. Court of Appeals for the District of Columbia Circuit dismissed as untimely the petitioner's request for review of the Commission's repayment determination against the National Committee of the Reform Party of the USA (RPUSA). Under that determination, the RPUSA must repay $333,558, plus interest, to the U.S. Treasury, representing public funds for the RPUSA's 2000 Presidential nominating convention that were not permissibly spent under the Presidential Election Campaign Fund Act. The court found that the petition for review of the repayment determination was filed beyond the 30-day period for filing such petitions.

Background

On September 26, 2002, the Commission issued the Final Report of the Audit Division on the Reform Party 2000 Convention Committee, which included a determination that the RPUSA repay to the U.S. Treasury $333,558 of the federal funding it received for the RPUSA's 2000 presidential nominating convention. The Commission based its determination on audit findings that the RPUSA spent a portion of its public funds on expenditures not considered permissible under the Presidential Election Campaign Fund Act. The RPUSA was notified of the Commission's repayment determination and provided with a copy of the Final Audit Report on September 30, 2002.

On November 26, 2002, the RPUSA submitted a written request for administrative review of the repayment determination. On October 8, 2003, the Commission issued its Post-Administrative Review Repayment Determination, ordering the $333,558 repayment to the U.S. Treasury. The RPUSA was notified of this action on October 14, 2003, and provided with a copy of the Commission's Statement of Reasons.

In a letter dated November 14, 2003, the RPUSA requested that the Commission rehear its repayment determination; the request was denied on February 18, 2004.

Court action

On March 29, 2004, the National Committee of the Reform Party of the USA (RPUSA) and its Chairman, Shawn O'Hara, petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review the Commission's final determination that the Committee repay $333,558, plus interest, to the United States Treasury.

On March 31, 2004, the U.S. Court of Appeals for the District of Columbia Circuit ordered on its own motion that the RPUSA show cause why its petition for review should not be dismissed for lack of jurisdiction for failure to timely file. The court found that the petition for review of the repayment determination was filed beyond the 30-day period for filing such petitions

Source:   FEC Record — August 2004; June 2004

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.