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  • FEC Record: Litigation

Vogel for Congress v. FEC (New)

January 9, 2012

On December 30, 2011, Vogel for Congress and Mark Vogel (Plaintiffs) filed a complaint for judicial review against the Commission in the U.S. District Court for the District of Columbia. The Plaintiffs ask the court to review the Commission’s decision to dismiss an administrative complaint filed with the Commission.


Vogel for Congress is the principal campaign committee for the candidacy of Mark Vogel, Libertarian candidate for the House of Representatives for the Second Congressional District of Indiana. On November 24, 2010, Vogel for Congress filed an administrative complaint with the Commission that alleged that immediately prior to the November 2010 Congressional election, the Indiana Democratic Party mailed up to 20,000 flyers to voters urging support for Libertarian candidate Mark Vogel. The flyers were not authorized by Mr. Vogel or by Vogel for Congress. The complaint also alleged that the flyers were required by the Federal Election Campaign Act (the Act) to carry a disclaimer stating that they was not authorized by the candidate or the candidate’s committee. The complaint alleged that the mailer in question did not contain such a disclaimer.

On October 18, 2011, the Commission dismissed the administrative complaint after failing to find reason to believe that the mailer in question was required to include a disclaimer stating whether it was authorized by a candidate or by that candidate’s campaign committee.


The plaintiffs ask the District Court to declare the Commission’s dismissal of the administrative complaint contrary to law and order the Commission to conform with that declaration.