Editorials: Is the Federal Election Commission’s voting procedure unlawful? | Jonathan H. Adler/The Washington Post
Does the Federal Election Commission utilize an unlawful voting procedure to initiate enforcement actions under the Federal Election Campaign Act? A decision yesterday by the U.S. Court of Appeals for the D.C. Circuit in Combat Veterans for Congress Political Action Committee v. FEC raises (but does not resolve) this question. Here is how Judge Pillard’s opinion for the court summarizes the issue and the case: The basic facts are few and not in dispute. The Federal Election Commission in October of 2011 imposed an $8,690 fine on the Combat Veterans for Congress Political Action Committee and its treasurer, David Wiggs, in his official capacity. Combat Veterans incurred the fine for failing to meet three required reporting deadlines under the Federal Election Campaign Act. Combat Veterans sued the Commission, contesting the fine and charging that the Commission’s procedural errors deprived it of the power to act.