FEC implements new enforcement case closure procedures

WASHINGTON – Effective this month, the Federal Election Commission is adopting new procedures for public disclosure of closed enforcement cases. These new procedures will continue to advance the agency’s disclosure mission by providing the public with access to enforcement case documents once the Commission has closed the file, and it will allow the maximum time for administrative appeals of the Commission’s enforcement decisions.

Under the Commission’s previous procedures for public disclosure of closed enforcement cases, disposition letters were sent to the complainant(s) and respondent(s) shortly after the vote to close the file. The file was made public within 30 days of the date on which the Commission sent case disposition letters.

Under the revised procedures, when the Commission formally votes to close an enforcement matter, that action will be effective 30 days after the Commission Secretary certifies the Commission’s vote. Disposition letters will be sent to the complainant(s) and respondent(s) after the 30 days have elapsed and the file closes. This will occur simultaneously with the public release of the file. Administrative complainants will have a full 60 days from the day they are notified of the case’s outcome to determine whether to seek judicial review of the Commission’s actions under 52 U.S.C. § 30109(a)(8), as they will be notified on the day the file officially closes.

The revised procedures are intended to bring the Commission into compliance with the 2023 decision of the U.S. Court of Appeals for the District of Columbia Circuit in End Citizens United PAC v. FEC (Case No. 22-5176).

The first cases to be released under the modified procedures are expected to close in mid-April 2024.