Federal Register: July 10, 2000 (Volume 65, Number 132)
DOCID: FR Doc 00-17328
FEDERAL ELECTION COMMISSION
Federal Election Commission
DOCUMENT ID: [Notice 2000-14]
DOCUMENT ACTION: Notice.
Status of Civil Enforcement Actions Involving Coordinated Party Expenditures
DATES: June 20, 2000.
The Commission has adopted a policy statement that provides guidance to candidates and political party committees on the status of certain civil enforcement actions under the Federal Election Campaign Act pending Supreme Court resolution of the issues presented in the Tenth Circuit's decision in FEC v. Colorado Republican Federal Campaign Committee.
Civil enforcement actions involving coordinated party expenditures; status,
In a split decision, the United States Court of Appeals for the Tenth Circuit recently held that 2 U.S.C. 441a(d)(3), which limits the amount of a political party's coordinated expenditures in congressional elections, violates the First Amendment. FEC v. Colorado Republican Federal Campaign Committee, __F.3d __, 2000 WL 554688 (10th Cir. May 5, 2000). The Solicitor General has decided to seek review of that decision by the United States Supreme Court. Until the Supreme Court resolves the case, the Federal Election Commission will not file any action in the courts in the Tenth Circuit to enforce section 441a(d)(3). The Commission will, however, generally continue the administrative processing of matters concerning section 441a(d)(3).
Only the Tenth Circuit has found section 441a(d)(3)
unconstitutional, and its decision is not controlling outside that
court's geographic jurisdiction. Furthermore, if the United States
Supreme Court overrules the Tenth Circuit, the Court's decision
upholding section 441a(d)(3) will apply retroactively to any activities
in the interim that violate section 441a(d)(3), even in the Tenth
Circuit. See James B. Beam Distilling Co. v. Georgia, 501 U.S. 529
(1991); Harper v. Virginia Dep't of Taxation, 509 U.S. 86 (1993).
Therefore, anyone who chooses to act in contravention of section
441a(d)(3)within or without the Tenth Circuitbefore the Supreme
Court rules in Colorado could be subject to liability for violating the statute if the Colorado decision is reversed.
Dated: July 5, 2000.
Darryl R. Wold,
Chairman, Federal Election Commission.
[FR Doc. 0017328 Filed 7700; 8:45 am] BILLING CODE 671501P
FOR FURTHER INFORMATION CONTACT
Louise Wides, Assistant Staff Director,
999 E Street, NW., Washington, DC 20463, (202) 6941100 or (800) 424 9530.