U.S. Code » Title 26 » Subtitle Subtitle H— Financing of Presidential Election Campaigns › Chapter CHAPTER 96— PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

26 U.S.C. § 9041

Judicial review

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(a) Review of agency action by the Commission

Any agency action by the Commission made under the provisions of this chapter shall be subject to review by the United States Court of Appeals for the District of Columbia Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought.

(b) Review procedures

The provisions of chapter 7 of title 5, United States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission.

(Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1302.)Statutory Notes and Related SubsidiariesEffective Date

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

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2023 · leading case: Carter/mondale Presidential Comm., Inc. v. Fed. Election Comm'n, 711 F.2d 279 (D.C. Cir. 1983).
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Carter/mondale Presidential Comm., Inc. v. Fed. Election Comm'n, 711 F.2d 279 (D.C. Cir. 1983). · cites it 7× “Backgkound It should not normally be difficult to decide whether a litigant has filed its petition for review within the 30-day jurisdictional time limit of 26 U.S.C. § 9041 (a). Unfortunately, in this case the FEC’s communications with the Committee failed to identify…”
Comm. to Elect Lyndon La Rouche, Lyndon La Rouche & Leroy B. Jones v. Fed. Election Comm'n, 613 F.2d 834 (D.C. Cir. 1980). · cites it 2× “10 This petition for review of the Commission’s decision was filed pursuant to 26 U.S.C. § 9041 on February 14, 1977. Ill This petition for review challenges on both statutory and constitutional grounds the Commission’s refusal to certify La Rouche’s eligibility to receive…”
Larouche's Comm. for a New Bretton Woods v. Fed. Election Comm'n, 439 F.3d 733 (D.C. Cir. 2006). · cites it 2× “Section 9041 of the Act, 26 U.S.C. § 9041 , directs that we review the repayment decisions of the FEC under the arbitrary and capricious standard of the Administrative Procedure Act.”
Edward W. Spannaus, Treasurer of the Larouche Democratic Campaign v. Fed. Election Comm'n, 990 F.2d 643 (D.C. Cir. 1993). “There, the governing judicial review statute provided for review "within 30 days after the agency action,” 26 U.S.C. § 9041 (a), without specifying whether the critical date of that "action" was the date on the agency’s decision or the later date on the notice thereof.”
Carter/mondale Presidential Comm., Inc. v. Fed. Election Comm'n, 775 F.2d 1182 (D.C. Cir. 1985). “1 Because that petition was not filed “within 30 days after the agency action by the [FEC] for which review is sought,” 26 U.S.C. § 9041 (a), this court dismissed it as time-barred.”
Kennedy for President Comm. & Edward M. Kennedy v. Fed. Election Comm'n, 734 F.2d 1558 (D.C. Cir. 1984). “2d at 280, 289-91 ; 26 U.S.C. § 9041 (a) (petition for review must be filed "within 30 days after the agency action by the Commission for which review is sought”).”
John Glenn Presidential Comm., Inc. v. Fed. Election Comm'n, 822 F.2d 1097 (D.C. Cir. 1987). “2 (Commission repayment determinations); 26 U.S.C. § 9041 (a) (judicial review). The Glenn Committee received approximately $2,800,000 in federal matching payments under the Presidential Primary Matching Payment Account Act (Matching Payment Act), 26 U.”
Lyndon H. Larouche Larouche Democratic Campaign '88 v. Fed. Election Comm'n, 990 F.2d 641 (D.C. Cir. 1993). · cites it 4× “The FEC’s letter stated that the final determination had been made five days earlier, on September 17, 1992, and noted that “judicial review of the Commission’s determination is available pursuant to 26 U.S.C. § 9041 .” On October 22, 1992, petitioners filed a review petition.”
Lyndon H. Larouche & Democrats for Econ. Recovery-Larouche in 92 v. Fed. Election Comm'n, 996 F.2d 1263 (D.C. Cir. 1993). “” See 26 U.S.C.§ 9041;. 5 U.S.C. § 706 (2)(A); see also Common Cause v.”
Jill Stein v. FEC, 77 F.4th 868 (D.C. Cir. 2023). “We have jurisdiction under 26 U.S.C. § 9041 . II Stein first contends that the Act defines the matching payment period in a way that unconstitutionally discriminates against minor-party candidates.”
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