26 U.S.C. § 9011

Judicial review

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(a) Review of certification, determination, or other action by the Commission

Any certification, determination, or other action by the Commission made or taken pursuant to the provisions of this chapter shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in such Court by any interested person. Any petition filed pursuant to this section shall be filed within thirty days after the certification, determination, or other action by the Commission for which review is sought.

(b) Suits to implement chapter(1) The Commission, the national committee of any political party, and individuals eligible to vote for President are authorized to institute such actions, including actions for declaratory judgment or injunctive relief, as may be appropriate to implement or construe any provision of this chapter.(2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subsection and shall exercise the same without regard to whether a person asserting rights under provisions of this subsection shall have exhausted any administrative or other remedies that may be provided at law. Such proceedings shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.(Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 570; amended Pub. L. 93–443, title IV, § 404(c)(19)–(21), Oct. 15, 1974, 88 Stat. 1293; Pub. L. 98–620, title IV, § 402(28)(F), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 115–141, div. U, title IV, § 401(a)(339), Mar. 23, 2018, 132 Stat. 1200.)Editorial NotesAmendments

2018—Subsec. (b)(1). Pub. L. 115–141 substituted “construe” for “contrue”.

1984—Subsec. (b)(2). Pub. L. 98–620 struck out provision requiring the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

1974—Subsec. (a). Pub. L. 93–443, § 404(c)(19), (20), substituted “Commission” for “Comptroller General” in heading and wherever appearing in text.

Subsec. (b). Pub. L. 93–443, § 404(c)(21), substituted “Commission” for “Comptroller General”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1975–2023 · leading case: Fed. Election Comm'n v. Nat'l Conservative Political Action Comm., 470 U.S. 480 (1985).
Fed. Election Comm'n v. Nat'l Conservative Political Action Comm., 470 U.S. 480 (1985). · cites it 10× “These plaintiffs challenge that determination on this appeal, and the FEC also appeals from that part of the judgment holding that the Democratic Party and the DNC have standing under 26 U. S. C. § 9011 (b)(1) to seek a declaratory judgment against appellees upholding the…”
Buckley v. Valeo, 424 U.S. 1 (1976). · cites it 2× “on for (i) injunctive or other relief against "any acts or practices which constitute or will constitute a violation of this Act," § 437g (a) (5); (ii) declaratory or injunctive relief "as may be appropriate to implement or con[s]true any provisions" of Chapter 95 of Title 26,…”
Repub. Nat'l Comm. v. Fed. Election Comm'n, 487 F. Supp. 280 (S.D.N.Y. 1980). · cites it 8× “§ 2284 on November 30, 1978, been convened as a three-judge court in accordance with § 801(b) of the Fund Act, 26 U.S.C. § 9011 (b), which expressly grants jurisdiction to such a court to “implement or construe” any provision of the Fund Act.”
Democratic Party of United States v. Nat'l Conservative Political Action Comm., 578 F. Supp. 797 (E.D. Pa. 1983). · cites it 7× “We first conclude that 26 U.S.C. § 9011 (b) permits private parties such as the Democratic National Committee to bring this declaratory judgment action before this three-judge district court.”
Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623 (1977). · cites it 2× “§ 112 (providing for injunctions against violation of any right secured by the copyright laws); 26 U. S. C. § 9011 (b) (Presidential Election Campaign Fund Act); 29 U.”
Buckley v. Valeo, 519 F.2d 821 (D.C. Cir. 1975). · cites it 4× “He bottomed his transmittal action upon a reading together of § 437h and 26 U.S.C. § 9011 (b), 1 (the review pro *253 vision contained within Chapter 95 of Subtitle H).”
Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020). “26 U.S.C. § 9011 (b)(1). The Supreme Court concluded that the Democratic Party lacked a right of action to sue under the statute.”
Fed. Election Comm'n v. Reform Party of the United States, 479 F.3d 1302 (11th Cir. 2007). · cites it 3× “The RPUSA brought a counterclaim pursuant to 26 U.S.C. § 9011 (b) and the mentioned cross-claims, seeking declaratory relief and damages on the basis that the Convention Committee is liable to the RPUSA, and that the Commission had acted upon false and fraudulent reports and…”
Ramsey Clark v. Francis R. Valeo, Sec'y of the United States Senate, 559 F.2d 642 (D.C. Cir. 1977). · cites it 2× “convened pursuant to 26 U.S.C. § 9011 (b), infra note 3. Should a complaint be so narrowly focused as to reach only Title 2 matters, or only Title 26 matters, it might be appropriate for constitutional questions to be referred to a Court of Appeals en banc only, or to a…”
Common Cause v. Schmitt, 512 F. Supp. 489 (D.D.C. 1980). · cites it 4× “26 U.S.C. § 9011 (b) (1976) provides: § 9011.”
Bread Political Action Comm. v. Fed. Election Comm'n, 455 U.S. 577 (1982). “The grant of standing to the three listed categories of plaintiffs is similar to the grant Congress had adopted earlier in 26 U. S. C. § 9011 (b) authorizing the “Commission, the national committee of any political party, and individuals eligible to vote for President” to bring…”
Repub. Nat'l Comm. v. Fed. Election Comm'n, 461 F. Supp. 570 (S.D.N.Y. 1978). · cites it 6× “§ 437h, 26 U.S.C. § 9011 and 28 U.S.C. §§ 1331 , 2201 and 2202.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.