Cases: Shays v. FEC II (527 Case): Plaintiff Filings

Plaintiffs Shays and Meehan File Reply Memo in Lawsuit

On May 25, 2007, plaintiffs Reps. Chris Shays (R-CT) and Marty Meehan (D-MA) filed a reply memorandum in Shays and Meehan v. FEC (Shays II). Plaintiffs Shays and Meehan have filed a motion for further relief in the case.

To read the reply brief, click here.

Shays & Meehan File Motion For Further Relief in 527 Lawsuit

On April 3, 2007, Reps. Christopher Shays (R-CT) and Martin Meehan (D-MA) filed a motion and memorandum in the D.C. federal district court in Shays & Meehan v. FEC ( Shays II ), asking the court to order the FEC to promulgate a regulation making clear when 527 groups must register as federal "political committees"—arguing that the agency's Supplemental Explanation and Justification published in February 2007 is contrary to law and fails to justify the Commission's refusal to adopt a 527 regulation.

Shays & Meehan File Reply Brief in Lawsuit Seeking to Compel FEC Regulation of 527 Groups

On October 5, 2006, Reps. Christopher Shays (R-CT) and Martin Meehan (D-MA) filed a reply memorandum in the U.S. District Court for the District of Columbia in Shays & Meehan v. FEC ( Shays II )—a lawsuit challenging the FEC's failure to regulate 527 groups. The FEC had recently filed its opposition to Shays-Meehan's motion to enforce an order from the court entered last March. The Legal Center represents U.S. Senators John McCain and Russ Feingold in this case as amici curiae .

To view the Shays-Meehan reply memorandum, click here.

Shays & Meehan File Motion to Compel FEC Regulation of 527 Groups

On September 13, 2006 Reps. Christopher Shays (R-CT) and Martin Meehan (D-MA) filed a motion in the D.C. federal district court, asking the court to enforce its earlier order in Shays & Meehan v. FEC ( Shays II )—a lawsuit challenging the FEC's failure to regulate 527 groups. The Legal Center represents U.S. Senators John McCain and Russ Feingold in this case as amici curiae .

In an opinion and order issued by the court in March 2006, the court found that the FEC had violated the Administrative Procedures Act, reasoning that the FEC's "case-by-case adjudication [of 527 group non-compliance with campaign finance laws] appears to have been a total failure." The court in March ordered the FEC to "articulate its reasoning for its decision to proceed by case-by-case adjudication or to promulgate a rule, if necessary." Despite a June letter from Reps. Shays & Meehan to the FEC noting the importance that the FEC act in time to provide clear guidance on the regulation of 527 groups prior to the November general election, and asking the Commission to comply with the order within 30 days, the FEC has not yet complied with the court's order.

Reps. Shays' and Meehan's motion filed this week asks the court to establish a deadline, "for example, within 30 days after entry of an order on this motion," for the FEC to issue its new explanation and justification for its decision not to adopt rules regulating 527 groups, or to begin a rulemaking to address 527 group compliance with federal campaign finance laws.

To read the motion to compel, click here.

Shays, Meehan File Suit That Seeks To Force The FEC To Promulgate Rules For 527 Groups

On September 14, 2004, Representatives Marty Meehan (D-MA) and Christopher Shays (R-CT), two of the principal sponsors of the Bipartisan Campaign Reform Act, filed suit in the U.S. District Court for the District of Columbia to have the FEC "promulgate legally sufficient regulations to define the term 'political committee.'"

Click here to view the complaint in its entirety.