United States District Court, District of Columbia
[Copyrighted Material Omitted]
Joseph E. Sandler, Stephen E. Hershkowitz, Sandler, Reiff, Young & Lamb, Washington, DC, for Plaintiff.
Anthony Herman, David Brett Kolker, Kevin Deeley, Steve Nicholas Hajjar, Federal Election Commission, Washington, DC, for Defendant.
DENYING THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; GRANTING THE FEDERAL ELECTION COMMISSION'S CROSS-MOTION FOR SUMMARY JUDGMENT
RUDOLPH CONTRERAS, District Judge.
Two years ago, Roy Herron ran an unsuccessful campaign for Congress. Herron now alleges that his opponent violated federal law by failing to make certain disclosures in his filings with the Federal Election Commission (" FEC" ). Herron  filed an administrative complaint with the FEC, which investigated the matter but decided not to issue any penalties. Herron then filed suit in this court, alleging that the FEC acted arbitrarily, capriciously, and contrary to law. Because the court lacks jurisdiction to hear Herron's claim, the court will deny Herron's motion for summary judgment and grant the FEC's cross-motion for summary judgment.
A. Legal Framework
1. The Federal Election Campaign Act's Financial Disclosure Requirements
The Federal Election Campaign Act (" FECA" ) requires congressional candidates' campaign committees to file regular financial disclosure reports in election years. 2 U.S.C. § 434(a)(2). These reports must include the identity of each " person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser
or guarantor of such loan, and date and amount or value of such loan." Id. § 434(b)(3)(E). Thus, if a candidate obtains a bank loan in connection with the candidate's campaign, the candidate's campaign committee must disclose that fact in its financial disclosure forms. See 11 C.F.R. § 104.3(d)(4). The committee must also report the date, amount, and interest rate of the loan, as well as the ...