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
- ›
      Kean for Congress Committee v. FEC (1:04CV00007)

Kean for Congress Committee v. FEC (1:04CV00007) 
 Summary
 Summary

  
  
    In separate rulings issued on January 13 and January 20, the U.S. District Court for the District of Columbia ordered the Commission to pay attorney’s fees totaling over $31,000 to the Kean for Congress Committee. The fees stem from the Committee’s lawsuit challenging the Commission’s dismissal of an administrative complaint it had filed — a decision the Commission ultimately reversed on remand from the district court. See also Kean v. FEC above.BackgroundOn January 5, 2004, Kean for Congress Committee (the Committee) asked the court to find that the Commission acted contrary to law when it dismissed the plaintiff’s administrative complaint, designated MUR 5024.  The administrative complaint alleged that a Virginia corporation known as the Council for Responsible Government and its so-called “Accountability Project” (collectively, CRG) funded mailings which attempted to influence a New Jersey Congressional Seventh District Republican primary, in violation of federal law.  On November 4, 2003, the Commission unanimously dismissed the administrative complaint after splitting 3-3 on whether to find reason to believe the CRG violated the Federal Election Campaign Act.OrdersRemandOn February 15, 2005, the U.S. District Court for the District of Columbia granted the FEC’s motion for this case to be voluntarily remanded to the Commission so that it can apply the Supreme Court decision in McConnell v. FEC to the facts of the plaintiff’s administrative complaint.At the FEC’s request and over the committee’s opposition, the court remanded the case to the FEC for 60 days so it could reconsider the committee’s administrative complaint in light of McConnell v. FEC, 540 U.S. 93 (2003), which the Supreme Court had issued after the FEC had dismissed the committee’s administrative complaint but before the Commissioners had issued their Statements of Reasons for that dismissal. The court’s order did not direct the FEC to take any particular position on remand or compel the agency to reverse its dismissal. On remand, the FEC found “reason to believe” and subsequently entered into a conciliation agreement with the Council for Responsible Government.The court remanded MUR 5024 to the Commission until April 15, 2005, to permit the FEC to reconsider its dismissal of the administrative complaint in light of the McConnell decision. The court also granted the FEC’s motion to hold summary judgment in abeyance.Attorney's feesOn May 31, 2005, Kean for Congress filed a motion for attorney’s fees and expenses, arguing that under the Equal Access to Justice Act it was a “prevailing party.” In order to be a prevailing party, the party must prove that:There has been a court-ordered change in the legal relationship between the parties;Judgment was entered in the party’s favor; andThe judicial pronouncement confers some judicial relief.The court found that the remand order was a court-ordered change in the legal relationship, by forcing the FEC to reconsider the administrative complaint within 60 days. Additionally, it was favorable to the committee, even though it originally had opposed the remand, and offered relief in the form of time constraints, which addressed the grievances of the committee.After concluding that the committee was a prevailing party, the court considered whether the FEC’s position was "substantially justified.” The court found that the FEC’s position was not substantially justified because, among other reasons, the three Commissioners who initially voted against pursuing the administrative complaint did not address the McConnell decision in their Statement of Reasons. The court found the committee’s request for attorney’s fees to be reasonable and ordered the FEC to pay over $31,000.Source:   FEC Record — March 2006; April 2005; and March 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