Practices  |  Election Law & Government Ethics

Federal Election Commission Representation

Overview

Wiley Rein’s Election Law & Government Ethics Practice “offers a wealth of experience in contentious FEC proceedings” (Chambers USA 2017). For over 30 years, our attorneys have represented clients before the Federal Election Commission (FEC) in enforcement actions, advisory opinion requests, and rule making proceedings. Our practice, which includes a former FEC Chairman and several attorneys who served at the highest levels of the agency, has extensive familiarity with the FEC and possesses unique insight into how the agency operates and makes decisions. We provide clients with a unique combination of talent—unrivaled substantive understanding of federal campaign finance law and exceptional representational capability—to respond efficiently and effectively in any FEC matter. We routinely:

  • Defend clients in enforcement actions, known as Matters Under Review (MURs);
  • Represent clients in sua sponte matters, which involve self-reported campaign finance violations;
  • Represent clients in Alternative Dispute Resolution (ADR) negotiations;
  • Represent political committees in audits;
  • Assist clients in requesting advisory opinions; 
  • File comments on behalf of clients in rulemaking proceedings and other policymaking matters; and
  • Assist political committees in adequately responding to Requests for Additional Information (RFAIs) from the Reports Analysis Division (RAD).

Our recent FEC representative experience includes:

  • Obtained dismissal of an FEC complaint alleging that a corporation made impermissible corporate contributions to an employee who was running for federal office.
  • Successfully defended a prominent super PAC in an FEC complaint alleging that a federal officeholder established, financed, maintained, or controlled the super PAC.
  • Secured dismissal of an FEC complaint alleging that a 501(c)(4) social welfare organization failed to report independent expenditures and register as a political committee.
  • Obtained dismissal of an FEC complaint alleging that a high-profile super PAC accepted an impermissible federal contractor contribution.
  • Successfully defended a former U.S. House of Representatives majority leader in a complaint before the FEC alleging that he had made improper contributions to a super PAC supporting another candidate’s campaign.
  • Represented a political campaign in a sua sponte matter involving numerous issues resulting from insider embezzlement and in subsequent ADR negotiations.
  • Represented a state political party in an audit and subsequent MUR.
  • Filed comments on behalf of a national trade association in connection with the FEC’s post-Citizens United rulemaking.
  • Successfully obtained an FEC advisory opinion that created super PACs.

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