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      FEC Record: Litigation
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      Garcia for Congress v. FEC (New)

FEC Record: Litigation*Garcia for Congress v. FEC* (New)July 3, 2013 On June 24, 2013, Garcia for Congress and its treasurer, Swati Patel, filed suit against the Commission in the US District Court for the Northern District of Texas challenging a$15,220 administrative fine stemming from its failure to file required 48-hour notices ofcampaign contributions. The Garcia campaign and its treasurer ask the court to setaside or modify the penalty, and request a jury trial. Background The plaintiffs are Garcia for Congress, the authorized campaign committee of Domingo A. Garcia, a candidate in the 2012 primary election for the 33rd Congressional Districtof Texas, and Swati Patel, the Garcia campaign committee’s treasurer. On February 8, 2013, the Commission notified the plaintiffs that it found reason to believethe campaign violated the Act by failing to file 48-hour notices for contributions of$1,000 or more received less than 20 days, but more than 48 hours before the primaryelection. 2 U.S.C. §434(a). Based on the schedule of penalties at 11 CFR 111.44, theCommission assessed an administrative fine of $15,220 against the Garcia campaignand its treasurer. Garcia for Congress challenged the Commission’s finding in a letter received by the agency’s Office of Administrative Review on March 1, 2013. After considering the committee’swritten response, the Reviewing Officer recommended no changes to the Commission’spreliminary determination and assessment of an administrative fine of$15,220 against the Garcia campaign and Ms. Patel. On March 11, 2013, a copy of thisrecommendation was sent to the plaintiffs. On May 20, 2013, the Commission adopted the recommendation and made a final determination that Garcia for Congress and its treasurer violated the Act and imposed thecivil penalty of $15,220. Litigation Garcia for Congress has filed suit to challenge the Commission’s decision. Among other things, the plaintiffs argue that the Commission “ignored that the FECA contains a safeharbor provision,” and that the fine assessed was “grossly disproportionate to whatPlaintiffs failed to timely disclose.” Resources:  Administrative fine programFEC Form 6 instructions [PDF]
 Author
          Alex  Knott


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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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