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
- ›
      Jordan v. FEC

Jordan v. FEC 
 Summary
          
            Documents
 Summary

  
  
    The U.S. District Court for the District of Columbia granted summary judgment to the FEC on May 27, 1994, upholding the agency's dismissal of an administrative complaint filed by Absalom F. Jordan, Jr., against Handgun Control, Inc.On November 3, 1995, the U.S. Court of Appeals for the District of Columbia Circuit remanded the case to the district court. The court of appeals instructed the district court to dismiss the case for lack of jurisdiction because Mr. Jordan had failed to file suit within 60 days after the FEC dismissed his complaint.The district court dismissed the case on January 23, 1996.BackgroundIn his complaint, Mr. Jordan claimed that Handgun Control, Inc. (HCI) had violated the law by soliciting contributions from individuals who did not qualify as "members" because they lacked sufficient rights to participate in the governance of HCI.Mr. Jordan 's complaint raised the same membership issue as a succession of complaints filed against HCI by the National Rifle Association (NRA) between 1983 and 1992. The first NRA complaint resulted in a conciliation agreement requiring HCI to pay a civil penalty and to amend its bylaws to establish voting rights for its members.Three more NRA complaints challenging HCI membership were dismissed by the FEC, which had already concluded that HCI members, under the new bylaws, had sufficient governance rights through their ability to vote for an at-large board member. The FEC's dismissals of the third and fourth complaints were affirmed by the D.C. Court of Appeals.In dismissing the Jordan complaint, the FEC stated that his claims were "substantially similar" to those in the four NRA complaints, which had already been "conclusively resolved."Definition of memberUntil recently, FEC regulations defined member simply as a person who satisfied the requirements for membership, but FEC advisory opinions had refined the term to mean persons who had some right to participate in the organization's governance and the obligation to pay regular dues.[1] This reading was based on the Supreme Court's decision in FEC v. National Right to Work Committee (NRWC), 459 U.S. 197 (1982). The agency determined that HCI member's voting rights, under the new bylaws, were sufficient to satisfy this definition when the issue arose in three more NRA complaints.Mr. Jordan challenged that interpretation, claiming that HCI's members were not solicitable because they lacked the power to remove management. He based his argument on the NRWC holding that members should be defined "at least in part, by analogy to stockholders of a business corporation."District court rulingFinding the FEC's definition of member to be reasonable, the court pointed out that, while the NRWC Court said that there had to be "some" attachment between the organization and its membership, that Court "certainly did not require that members be provided with the opportunity to seize total control of the organization, as plaintiff argue[d]."Furthermore, the court said the FEC's refusal even to consider Mr. Jordan 's claims was neither arbitrary nor capricious but, instead, made "perfect sense," considering that the agency had already conclusively resolved the HCI membership issue. The court said that a "scrupulous adherence to precedent is hardly arbitrary."Court of appeals rulingThe court of appeals noted that the FEC dismissed Mr. Jordan 's complaint on July 24, 1991, and that Mr. Jordan did not file suit with the district court until September 25, 1991. Under 2 U.S.C. §437g(a)(8)(B), a petition to review an FEC decision to dismiss an administrative complaint must be filed within 60 days after the date of dismissal. The court ruled that the 60-day period began when the Commission voted to dismiss the complaint, and not on the date of the FEC's letter informing Mr. Jordan of the dismissal. When Mr. Jordan received the FEC's letter informing him of the dismissal, he had 53 days left on the 60-day limit in which to file a suit. He did not file suit with the district court until 63 days after the FEC voted to dismiss his complaint. As a result, the court of appeals ruled that the courts lacked jurisdiction to review this case. On January 23, 1996, the district court carried out the appeals court's instructions to dismiss this case.FOOTNOTE:[1] The FEC further clarified the definition of member at revised 11 CFR 114.1(e), effective November 1993.Source: FEC Record —April 1996; August 1994. Jordan v. FEC, No. 91-2428 (NHJ) (D.D.C. Feb. 25, 1993); (D.D.C. May 27, 1994) (opinion); No. 94-5216 (D.C. Cir. Nov. 3, 1995).
 Documents

  
  
    District Court (DC)Court decisions:Memorandum Opinion and Order (05/27/1994)


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