11/9/2020
Dear Mr. Ogle:
This is in response to your email to the Federal Election Commission (the “Commission”), received on November 5, 2020. The Commission is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act of 1971, as amended (the “Act”), and Chapters 95 and 96 of Title 26, United States Code. The Commission has jurisdiction over the financing of campaigns for federal office -- the U.S. House, Senate, and President. The Act and Commission regulations require that a complaint meet certain requirements. Your email does not meet these requirements. In particular, the information you provided does not raise specific allegations under the jurisdiction of the Act or Commission regulations.
Requirements of a legally-sufficient complaint, which are a prerequisite to Commission action, are detailed below:
(1) A formal complaint should contain a clear and concise recitation of the facts describing the violation of a statute or law over which the Commission has jurisdiction. (11 C.F.R. § 111.4).
(2) Its contents must be sworn to and signed in the presence of a notary public and shall be notarized. (52 U.S.C. § 30109(a)(1)). The notary must indicate as part of the jurat that such swearing occurred. The preferred form is "Subscribed and sworn to before me on this ___ day of ___, ____.”
(3) A formal complaint should be accompanied by supporting documentation if known and available to the person making the complaint. (11 C.F.R. § 111.4).
(4) A complaint must be in writing. (52 U.S.C. § 30109(a)(1)). During this time, a complaint may be emailed if you are in a state in which electronic notarization is available.
(5) A formal complaint must contain the full name and address of the person making the complaint. (11 C.F.R. § 111.4).
(6) A formal complaint should clearly identify as a respondent each person or entity who is alleged to have committed a violation. (11 C.F.R. § 111.4).
(7) A formal complaint should identify the source of information upon which the complaint is based. (11 C.F.R. § 111.4).
If a complaint is filed that raises specific allegations under the Act or Commission regulations, and that complies with the guidelines set forth above, it would be considered by the Commission. However, after careful review of your correspondence, we have determined that your email does not state any acts that appear to constitute a violation under our jurisdiction and does not otherwise satisfy the requirements of the Act and Commission regulations at 11 C.F.R. § 111.4.
Sincerely,
Jeff S. Jordan (by MBD)
Assistant General Counsel
Federal Election Commission
Office of General Counsel/Complaints Examination and Legal Administration
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