S.469 - Federal Election Enforcement Act101st Congress (1989-1990)
Summary: S.469 — 101st Congress (1989-1990)
Introduced in Senate (02/28/1989)
Federal Election Enforcement Act - Amends the Federal Election Campaign Act of 1971 to revise the enforcement provisions. Changes the determination the Federal Election Commission (FEC) must make upon receiving a complaint, before notifying the person of an alleged violation.
Authorizes the FEC to seek an injunction if: (1) it believes that there is a substantial likelihood that a violation of the Federal election laws is occurring or about to occur; (2) the failure to act expeditiously will result in irreparable harm; (3) such expeditious action will not cause undue harm or prejudice to the interests of others; and (4) the public interest would be best served by such an injunction.
Reduces the period provided for the FEC to attempt informally to prevent or correct a violation of such Act from 90 to 60 days. Requires the FEC to make such an attempt for a period of no more than 15 days, if the violation occurs during the 45 days prior to an election.
Replaces the maximum limitations on civil penalties for a violation of such act with minimum limitations. Provides greater penalties for knowing and willful violations committed during the 15-day period immediately preceding any election.
Changes from discretionary to mandatory the requirement that the FEC, upon an affirmative vote of four of its members, institute a civil action if it is unable to correct or prevent a violation of such Act. Requires a court in such civil action to grant a specified remedy upon a showing that the person involved has committed or is about to commit a violation of such Act.
Provides a private right of action if, by a tie vote, the FEC does not vote to institute a civil action.
Requires a court to impose a specified civil penalty for a knowing and willful violation of such Act.
Expedites from 120 days to 60 days the time which an aggrieved party must wait before seeking judicial redress because the FEC dismissed, or failed to reasonably pursue, a complaint filed by such party. Allows the aggrieved party to file an action in any U.S. district court having jurisdiction. Requires that any monetary award under such action be paid to the United States. Provides for a mandatory award of attorney fees and costs to the prevailing party.
Increases the penalties for violation of the confidentiality requirement with respect to any notification or investigation made under such Act.
Removes the ceiling on the fine for any person who willfully and knowingly commits a violation of such Act which involves any contribution or expenditure aggregating $2,000 or more during a calendar year.