McChesney, et. al. v. FEC (New)

On April 15, 2016, Bart McLeay for U.S. Senate, Inc., and Robert McChesney, in his official capacity as Treasurer ("Plaintiffs") filed suit against the Commission, Matthew Petersen, in his official capacity as FEC Chairman, and the United States in the U.S. District Court for the District of Nebraska. Plaintiffs allege that a final determination and civil money penalty assessed against them under the Commission''s Administrative Fine Program (AFP) are invalid.

Background
Bart McLeay was a candidate for the United States Senate in the 2014 primary election. In June 2015, the Commission notified plaintiffs that it intended to assess a civil penalty against them for late filing of reports of contributions received prior to the 2014 primary election (48-hour notices). The final determination and penalty assessment occurred in March 2016.

Plaintiffs allege that the Commission did not follow proper procedures to extend the AFP penalties schedule that expired on December 31, 2013. Plaintiffs allege that the schedule extension occurred without proper notice or consideration at a public meeting. Because of the alleged unlawful nature of the Commission''s AFP extension, Plaintiffs ask that the Commission''s final determination be set aside and the penalty be voided. Plaintiffs also seek an order that the Commission pay plaintiffs’ court costs and attorney''s fees.

Resources:

• McChesney et al. v. FEC litigation page