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      National Republican Senatorial Committee et al v. Federal Election Commission et al (22-639 / 24-3051)

National Republican Senatorial Committee et al v. Federal Election Commission et al (22-639 / 24-3051) 
 Summary
          
            Documents
 Summary

  
  
    On January 19, 2024, the U.S. District Court for the Southern District of Ohio certified to the en banc court of the U.S. Court of Appeals for the Sixth Circuit a constitutional challenge to the Act’s coordinated party expenditure limits. The National Republican Senatorial Committee (NRSC), the National Republican Congressional Committee (NRCC), Senator J.D. Vance, and former Representative Steve Chabot (plaintiffs) ask whether the limits at 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with party coordinated communications as defined in 11 CFR 109.37.BackgroundUnder the Act, a national party committee and state party committee may make expenditures in connection with the general election campaigns of federal candidates that are coordinated with those candidates. These coordinated party expenditures do not count against the contribution limits but are subject to a separate set of limits. These limits are based on the office sought and the relevant voting-age population, and are adjusted annually for inflation.According to the plaintiffs, limiting the expenditures a party may make in coordination with its nominees unconstitutionally abridges the party’s First Amendment rights.The district court determined that at least one individual and one committee plaintiff have standing to bring suit and that they raise a nonfrivolous constitutional challenge to the coordinated party expenditure limits found in the Act. Accordingly, the court granted plaintiffs’ motion to certify the question to the en banc court of the Sixth Circuit Court of Appeals.Source: FEC Record — February 2024; November 2022
 Documents

  
  
    Appeals Court (Sixth Circuit) (24-3051)Court decisions:Related documents:Unopposed Motion of CLC and CREW for Leave to File Brief Amici CuriaeSupporting FEC (04/11/2024)Brief of Amici Curiae CLC and CREW in Support of FEC (04/11/2024)Second Brief of the Federal Election Commission (04/04/2024)Motion of Ohio and 12 Other States for Leave to File Brief of Amici Curiae in Support of Plaintiffs-Appellants (03/11/2024)Brief of Amici Curiae State of Ohio and 12 Other States in Support of Appellants (03/11/2024)Motion for Leave to File a Corrected Brief (03/11/2024)Corrected Brief of Amicus Curiae Senator Mitch McConnell in Support of Plaintiffs-Appellants (03/11/2024)Brief of Institute for Free Speech as Amicus Curiae in Support of Plaintiffs-Appellants (03/11/2024)First Brief of Plaintiff-Appellants National Republican Senatorial Committee, National Republican Congressional Committee, J.D. Vance, and Steven Chabot (03/05/2024)District Court (S.D. Ohio)Court decisions:Opinion and Order (01/19/2024)Appendix (01/19/2024)Opinion and Order (05/09/2023)Related documents:Supplemental Reply in Support of Plaintiffs' Motion to Certify Question to the En Banc Court of Appeals (12/20/2023)Defendant Federal Election Commission's Partial Opposition to Plaintiffs’ Motion to Certify Question to En Banc Court of Appeals (12/15/2023)Plaintiffs' Brief Concerning Proposed Findings of Fact (12/15/2023)Defendant Federal Election Commission's Brief in Support of Its Proposed Findings of Fact and Responses to Plaintiffs’ Proposed Findings of Fact (12/15/2023)Defendant Federal Election Commission's Opposition to Plaintiffs' Motion to Certify Question to En Banc Court of Appeals (06/07/2023)Defendant Federal Election Commission's Answer (05/23/2023)Memorandum of Law in Support of Plaintiffs' Motion to Certify Question to the En Banc Court of Appeals (05/17/2023)Plaintiffs' Motion to Certify Question to the En Banc Court of Appeals (05/17/2023)Defendant Federal Election Commission's Reply in Support of Motion to Dismiss for Improper Venue or, in the Alternative, Transfer (02/13/2023)Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss for Improper Venue or, in the Alternative, Transfer (01/30/2023)Defendant Federal Election Commission's Motion to Dismiss for Improper Venue or, in the Alternative, Transfer (01/09/2023)Complaint for Declaratory and Injunctive Relief (11/4/2022)


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.


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