Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
        Legal resources
- ›
        Court cases
- ›
      Bush-Cheney '04 v. FEC (04-1501)

Bush-Cheney '04 v. FEC (04-1501) 
 Summary
 Summary

  
  
    On September 1, 2004, Bush-Cheney '04, Inc. (BC'04) asked the U.S. District Court for the District of Columbia to find that the Commission acted contrary to law when it failed to act on the plaintiff's administrative complaints dated March 10, 2004, and March 31, 2004. The administrative complaints alleged that America Coming Together (ACT), The Media Fund, America Votes and other organizations created under 26 U.S.C. §527 were raising and spending money to influence the 2004 Presidential election in violation of the Federal Election Campaign Act (the Act).BackgroundThe Act sets forth enforcement procedures governing the manner in which complaints must be handled. Among other provisions in 2 U.S.C. §437g, a complainant may file suit in federal district court seeking judicial review of "a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed[.]" 2 U.S.C. §437g(a)(8)(A). While enforcement investigations conducted by the FEC are confidential, the plaintiff asserts that no public action has been taken in response to the administrative complaints.Administrative complaintsOn March 10, 2004, BC '04 filed an administrative complaint with the FEC alleging that an organization created under 26 U.S.C. §527 called "The Media Fund" was illegally raising and spending money outside the prohibitions, limitations and disclosure requirements of the Act with the purpose of influencing the 2004 Presidential election. On March 31, 2004, BC '04 filed a second complaint alleging that ACT, The Media Fund, America Votes and other organizations were engaging in ongoing violations of the Act by raising and spending money outside of the prohibitions, limitations and disclosure requirements of the Act and illegally coordinating their activities with the Democratic Party and the presidential campaign of John Kerry.Court complaint and reliefAccording to the court complaint, the FEC did not act on the plaintiff's administrative complaints for more than 120 days from filing. BC '04 also filed a motion for a preliminary injunction, declaring that the FEC's failure to act on the aforementioned complaints is contrary to law. The plaintiff requested an expedited hearing on the motion, and asked the court to issue an injunction ordering the Commission to take action regarding the complaints within 30 days.On September 15, 2004, the district court held a hearing on the plaintiff's motion for a preliminary injunction, and denied the motion.Source: FEC Record— October 2004


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms