Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

FEC v. GOPAC

December 23, 1994

FEDERAL ELECTION COMMISSION, Plaintiff,
v.
GOPAC, Inc., Defendant.



The opinion of the court was delivered by: LOUIS F. OBERDORFER

 I.

 Plaintiff, Federal Election Commission, is the independent agency of the United States government with exclusive jurisdiction to initiate civil actions in the United States district courts to obtain judicial enforcement of the Federal Election Campaign Act (the "Act"). 2 U.S.C. §§ 431-455. It seeks (1) a declaratory judgment that defendant, GOPAC Inc., violated the Act; and (2) an order imposing civil penalties against defendant for those violations and compelling defendant to file reports required by the Act. This case is before the Court on defendant's motion to dismiss.

 The complaint alleges that since 1989, defendant GOPAC has been a non-profit corporation, whose purpose "is to elect Republican candidates to the United States House of Representatives" Complaint P 4. From June 1989 to August 1990, GOPAC distributed nearly 800,000 copies of a six-page communication entitled "Campaign For Fair Elections." Complaint PP 25-26. The communication allegedly "advocated the defeat of Democratic incumbents in the United States House of Representatives and. . . the election of Republican candidates to the United States House of Representatives during the 1990 and 1992 elections." Complaint P 19. The communication included: (1) a four-page letter over the signature of Congressman Newt Gingrich, "General Chairman, GOPAC"; (2) a "CITIZEN'S VETO" addressed to the Members of the 101st Congress opposing their Franking Privilege, and (3) a separate solicitation for contributions. Complaint P 20; FEC Ex. 1.

 The complaint quoted portions of the letter as follows:

 
The Democrats in Congress have set themselves up as the highest authority in the land -- above the will of the American people who elected Ronald Reagan and then George Bush to be their president.
 
The only way to clear up the mess and restore honesty and decency to Congress is to break the Democrats' stranglehold on power. . .
 
. . .
 
Your VETO is the first step in our two-step plan to gain a Republican majority in the House of Representatives by 1992.
 
The Campaign for Fair Elections is a project of GOPAC, the Republican committee dedicated to building a Republican majority at all levels of government.

 Complaint P 21 (omissions in complaint).

 
The complaint also quoted the letter as stating,
 
with your help, our Campaign for Fair Elections will defeat or seriously weaken a large number of Democrats in 1990. And that will give us the momentum we need to sweep in a majority of Republicans in 1992. . . . Our plan is ambitious. We're aiming to overturn a Democrat reign that's lasted 35 years.

 Complaint P 22 (alteration and omission in complaint). The complaint further noted that the letter requested contributions to the "Campaign for Fair Elections" and that it concluded as follows: "with your help, we can break the liberal Democrats' iron-grip on the House of Representatives and build a new Republican majority." Complaint P 23 (alteration in complaint). In addition, the complaint noted that the solicitation reply form asked the addressee to check a box indicating, "YES! I want to help ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.