[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Page 56021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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