Chief Justice grants emergency stay in CREW v. FEC, regulation remains in effect

WASHINGTON – On September 15, the Chief Justice of the United States stayed the order of the U.S. District Court for the District of Columbia in CREW v. FEC (Case No. 16-0259). The District Court’s order, issued on August 3, vacated the Commission’s regulation at 11 CFR 109.10(e)(1)(vi) governing reporting by persons other than political committees that make independent expenditures aggregating in excess of $250 with respect to a given election in a calendar year. The vacatur was to have entered into effect today. Instead, the regulation will remain in force pending further order of the Chief Justice or the Court.

Earlier in the day on September 15, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit had denied an emergency motion by the defendant-intervenor to stay the lower court’s order pending appeal in the same case.

As always, entities with specific questions regarding their reporting obligations may contact the Reports Analysis Division at (800) 424-9530 (at the prompt, press 5). Reporters may contact the Press Office at (202) 694-1220. Others may contact the Information Division at (800) 424-9530 (at the prompt, press 6).