Shays v. Federal Elections Commission; Bush-Cheney '04 v. FEC
(page last updated October 30, 2007 at 1:45 PM)
Case Information
All Courts: United States District Court, District of Columbia (Case 04-1597; 04-1612)
Topic(s): Campaign Finance
State: Washington, D.C.
Date Filed: September 14, 2004
Date Ended: March 29, 2006
Summary
In this consolidated action Plaintiffs, House of Representative sponsors of the Bipartisan Campaign Reform Act ("BCRA") and the federally registered political committee representing President Bush and Vice-President Cheney in their successful re-election effort, have brought suit against the Federal Elections Commission ("FEC") alleging that the FEC failed to promulgate legally sufficient rules regarding the definition of the term "political committee."
The BCRA requires any group with a "major purpose" to influence federal elections and that either raises $1,000.00 in "contributions" or spends $1,000 in "expenditures," to register with the FEC as a "political committee" and comply with the contribution limits, source prohibitions and reporting requirements. "Section 527 groups" organized under §527 of the Internal Revenue Code but not typically registered with the FEC as "political committees," however, are able to circumvent these spending limits and regulations as they fall outside the FEC's current definition and regulation of "political committees."
Although the FEC has publicly acknowledged the importance of amending the rules to incorporate these new groups, it has failed to do so. Accordingly, Plaintiffs seek declaratory judgment requiring the FEC to promulgate rules requiring Section 527 groups to register as "political committees."
Documents
- Complaint filed by Martin Meehan and Christopher Shays
(filed 9/14/04)
- Complaint filed by Bush-Cheney '04, Inc.
(filed 9/17/04)
- Notice of related case by Bush-Cheney '04, Inc.
(filed 9/17/04)
- Certificate of disclosure of corporate affiliations and financial interests (Bush-Cheney)
(filed 9/17/04)
- Answer to Complaint filed by Martin Meehan and Christopher Shays
(filed 11/15/04)
- Answer to Complaint and Affirmative Defenses (Bush-Cheney)
(filed 11/19/04)
- Order: initial scheduling conference (Bush-Cheney)
(filed 11/22/04)
- Motion for Leave to file First Amended Complaint filed by Martin Meehan and Christopher Shay
(filed 1/14/05)
- Status Report by Bush-Cheney '04, Inc.
(filed 1/21/05)
- Answer to First Amended Complaint (Shays)
(filed 2/1/05)
- Meet and Confer Statement (Shays)
(filed 2/4/05)
- Amended Complaint filed by Bush-Cheney '04, Inc.
(filed 2/8/05)
- Administrative Record, partial by the FEC
(filed 2/17/05)
- Defendant FEC's Motion to Dismiss on Grounds of Mootness (Bush-Cheney)
(filed 2/17/05)
- Notice of withdrawal of Motion to Dismiss on Grounds of Mootness (Bush-Cheney)
(filed 2/22/05)
- Order Consolidating Cases
(filed 2/22/05)
- Answer and Affirmative Defenses to Plaintiff Bush-Cheney '04, Inc.'s First Amended Complaint
(filed 2/25/05)
- Motion for Summary Judgment by Christopher Shays, Martin Meehan
(filed 4/28/05)
- Administrative record by the United States Federal Elections Commission
(filed 4/29/05)
- Motion to Strike Motion for Summary Judgment Exhibits and Arguments (Shays)
(filed 6/7/05)
- Motion for Summary Judgment by FEC
(filed 6/7/05)
- Memorandum in Opposition to Motion, filed by FEC (Shays)
(filed 6/7/05)
- Status Report (Shays)
(filed 6/13/05)
- Amended Complaint filed by Christopher Shays, Martin Meehan
(filed 7/8/05)
- Response to Plaintiffs' Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by John McCain, Russell D. Feingold
(filed 7/15/05)
- Plaintiffs' Memorandum in Opposition to Defendant's Motion to Strike Plaintiffs' Exhibits, filed by Christopher Shays, Martin Meehan
(filed 7/15/05)
- Memorandum in opposition to Motion for Summary Judgment, filed by Christopher Shays, Martin Meehan
(filed 7/15/05)
- Answer to Amended Complaint (Shays)
(filed 7/27/05)
- Defendant Federal Election Commission's Reply Memorandum in Support of the Commission's Motion for Summary Judgment
(filed 8/26/05)
- Federal Election Commission's Memorandum in Statement of Facts Plaintiffs' Response to Defendant's Statement of Material Facts (Shays)
(filed 8/26/05)
- Federal Election Commission's Motion to Strike the Exhibit of Amici Curiae U.S. Senators John McCain and Russell D. Feingold
(filed 8/26/05)
- Status report by Christopher Shays, Martin Meehan, FEC
(filed 9/7/05)
- Notice by FEC regarding Defendant's Reply Memorandum in Support of Motion for Summary Judgment, Defendant's Memorandum in Reply to Statement of Facts Plaintiffs' Response to Defendant's Statement of Material Facts and Motion to Strike the Exhibit of Amici Curiae U.S. Senators John McCain and Russell D. Feingold
(filed 9/8/05)
- Memorandum of Amici Curiae U.S. Senators John McCain and Russ Feingold in opposition to FEC's Motion to Strike Exhibit of Amici Curiae
(filed 9/12/05)
- FEC's reply in support of its Motion to Strike the Exhibit of Amici Curiae U.S. Senators JOhn McCain and Russell D. Feingold
( filed 10/3/05)
- FEC's Notice of Supplemental Authority
(filed 10/25/05)
- Supplemental Memorandum to Motion for Summary Judgment filed by FEC
(filed 12/19/05)
- Notice of Filing by FEC
(filed 12/20/05)
- Supplemental Memorandum to Motion for Summary Judgment filed by Christopher Shays and Martin Meehan
(filed 12/23/05)
- Order denying as moot Motion to Strike, granting in part and denying in part Motion for Summary Judgment, denying as moot Motion to Strike, denying Motion for Summary Judgment
(entered 3/29/06)
- Memorandum and Order
(entered 3/29/06)
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