The FEC is an independent, federal agency charged with the exclusive jurisdiction to administer and enforce FECA. FECA permits any person to file an administrative complaint with the FEC alleging violation thereof.
2 U.S.C. § 437g(a)(1). Once a complaint is filed alleging violations of FECA, the FEC notifies any and all respondents
and invites written responses.
2 U.S.C. § 437g(a)(1). The FEC then reviews the complaint and any responses filed thereto to determine whether there is “reason to believe” that a violation of FECA has occurred or is about to occur.
2 U.S.C. § 437g(a)(2). If the FEC determines that there is “reason to believe” that FECA has been or will be violated, it undertakes an “investigation” of the alleged violation.
2 U.S.C. § 437g(a)(2). After completion of an investigation, the Commission votes on whether there is “probable cause” to believe FECA has been violated.
2 U.S.C. § 437g(a)(3). If the Commission finds that there is no probable cause to believe that a violation of FECA has occurred, the investigation is closed and the case is dismissed. Complainants may challenge this dismissal in federal district court.
2 U.S.C. § 437g(a)(8)(A). If, on the other hand, the Commission concludes that there is probable cause to believe that FECA has been violated, it must first attempt conciliation, and failing that, may seek enforcement of FECA in federal district court.
2 U.S.C. § 437g(a)(6)(A).