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      FEC Record: Litigation
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      Nancy Mace v. FEC challenges state officeholder restrictions

FEC Record: LitigationNancy Mace v. FEC challenges state officeholder restrictionsDecember 11, 2018 On November 8, 2018, State Representative Nancy Mace filed a complaint for injunctive and declaratory relief in the U.S. District Court for the District of Columbia. The suit challenges a provision of the Federal Election Campaign Act (the Act) that requires state officeholders to use federally-permissible funds to pay for certain public communications. Background Under 52 U.S.C. § 30125(f)(1), a state candidate or officeholder (or an agent of that candidate or officeholder) may only spend funds permissible under the Act to pay for public communications that promote or support clearly identified federal candidates. On April 5, 2018, State Representative Mace submitted an advisory opinion (AO) request to the FEC concerning her proposal to form a Super PAC. Super PACs may finance independent expenditures using unlimited contributions from individuals, corporations, labor organizations and other political committees. The Commission held that the proposed Super PAC would be acting as the state representative’s agent in making the proposed public communications and, therefore, it must pay for such expenditures with funds that are subject to the Act’s source and amount limitations. Complaint Mace’s complaint includes both a facial challenge to section 30125(f)(1) and a constitutional challenge to its application to Super PACs created by state officeholders. Mace also claims that since section 30125(f)(1) is an expenditure limitation, it must be subject to strict scrutiny. She has also asked that a three-judge panel consider her complaint, pursuant to section 403 of the Bipartisan Campaign Reform Act. Resources Mace v. FEC litigation pageAO 2018-07 (Mace)
 Author
          Mary Ann BakerCommunications Specialist


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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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