Suppose the FEC deadlocks over a rule in May, and fails to issue
anything that limits 527s contributions, at least for this election
cycle. Suppose also it does not act quickly on the RNC's complaint
against the Democratic 527s. How does the RNC/Bush committee, or those
reform groups that might wish to push this issue, end up in court,
trying to get a determination that the Democratic 527s are breaking the
law by taking large contributions and/or union/corporate funds? Is FEC
inaction a sufficient basis to act? Is there something like mandamus
against the FEC? Or is this more like an exhaustion of administrative
remedies issue, where the court is free to act once the FEC decides not
to act (or not to act expeditiously)?
--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org