DCCC v. FEC alleges violation of Administrative Procedure Act (24-2935)

On October 17, 2024, DCCC filed suit in the United States District Court for the District of Columbia (the court), alleging that the Commission’s failure to render an advisory opinion in response to Advisory Opinion Request 2024-13 (DSCC, Montanans for Tester, and Gallego for Arizona) violated the Administrative Procedure Act.

Background

DCCC alleges that in July 2024, the National Republican Senatorial Committee (NRSC) began relying on a flawed reading of Commission regulations in order to circumvent the coordinated party expenditure limits. DCCC alleges that the misinterpretation has led the NRSC to spend amounts in excess of the limits set forth in federal law, and that the Commission has failed to render an advisory opinion as to whether such spending is permissible.

DCCC states that this failure has placed them in the position of having to follow the law as they understand it, leaving the opposition to invest tens of millions of dollars into arguably illegal television ads or to mimic this tactic and risk exposing themselves and their candidates to future enforcement. DCCC argues that the Commission has a duty to grant advisory opinions to resolve such questions, and that the refusal to grant one was arbitrary and capricious and contrary to law.

DCCC asks the court to declare that the NRSC’s advertisements violate the Federal Election Campaign Act and to set aside the Commission's closure of its AO file in this matter as an alleged violation of the Administrative Procedure Act.

Resources

• DCCC v. FEC (24-2935) litigation page