Notice2023-17685
Agency Procedure Regarding Litigation
Primary source
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Published
August 17, 2023
Issuing agencies
Federal Election Commission
Abstract
The Federal Election Commission is adopting a procedure governing its actions in litigation.
Full Text
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<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Page 56021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17685]
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FEDERAL ELECTION COMMISSION
[Notice 2023-12]
Agency Procedure Regarding Litigation
AGENCY: Federal Election Commission.
ACTION: Agency procedure.
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SUMMARY: The Federal Election Commission is adopting a procedure
governing its actions in litigation.
DATES: Applicable on August 17, 2023.
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act provides a
cause of action for ``any party aggrieved by an order of the Commission
dismissing a complaint filed by such party . . . or by a failure of the
Commission to act on such complaint.'' 52 U.S.C. 30109(a)(8). The
procedure in this notice applies to actions to be taken by the
Commission and its Office of General Counsel in such cases.
Whenever a suit is commenced against the Commission pursuant to 52
U.S.C. 30109(a)(8), the Commission will, within forty-five (45) days of
the service of such suit upon the Commission, vote in executive
session, or by tally, as to whether it will defend the action. The
certification of such vote, regardless of outcome, will be published on
the Commission's public website. Publication of the vote certification,
subject to appropriate redactions, will be accomplished as quickly as
practicable. The Office of General Counsel may not file any responsive
pleading except upon the affirmative votes of four or more
commissioners authorizing defense of the Commission pursuant to 52
U.S.C. 30107(a)(6).
Notwithstanding the foregoing, in any case where the Commission
does not agree, by four or more affirmative votes, to defend an action
under 52 U.S.C. 30109(a)(8) alleging a failure of the Commission to
act, or where the lack of a quorum prevents Commission action, the
Office of General Counsel will:
1. Apprise the court that the Commission has not voted to defend
the action;
2. Inform the United States Assistant Attorney General for the
Civil Division that the Commission has not voted to defend the action;
and
3. File, under seal, a copy of each vote certification, subject to
appropriate redactions, concerning the underlying administrative
complaint giving rise to the lawsuit. The Office of General Counsel
will continue to file each such vote certification until the conclusion
of the lawsuit.
In addition to the foregoing, the Office of General Counsel will
notify each respondent to any relevant Matters Under Review that a
lawsuit has been filed and provide each such respondent with a copy of
this notice.
This notice represents a general statement announcing the general
course of action that the Commission intends to follow. This agency
procedure does not constitute an agency regulation requiring notice of
proposed rulemaking, opportunities for public participation, prior
publication, and delay in effective date under 5 U.S.C. 553 of the
Administrative Procedures Act (``APA''). The provisions of the
Regulatory Flexibility Act, 5 U.S.C. 605(b), which apply when notice
and comment are required by the APA or another statute, are not
applicable.
Dated: August 14, 2023.
On behalf of the Commission,
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-17685 Filed 8-16-23; 8:45 am]
BILLING CODE 6715-01-P
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</html>Indexed from Federal Register on August 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.