FEC v. Al Salvi for Senate Committee
On March 8, 2000, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court order dismissing a civil enforcement action the FEC had brought against the Al Salvi for Senate Committee and its treasurer. In its original suit, filed on March 3, 1998, the Commission had asked the U.S. District Court for the Northern District of Illinois to find that the Salvi committee had misreported and failed to report in a timely manner more than $1.1 million in contributions and loans. (See the April 1998 Record, p. 4.)
The district court dismissed the case on technical grounds: The court held that the FEC had failed to obtain local counsel to process papers and handle emergencies.1 The Commission refiled the suit. On November 30, 1998, the district court dismissed the Commissions second suit because it was identical to the first, which the court had dismissed with prejudice.
After learning that the courts initial dismissal had been with prejudice, the Commission filed motions to vacate that dismissal and thereby permit consideration of the second suit, and to alter or amend the courts judgment in the second suit. Both motions were denied, and the Commission filed an appeal.
The appeals court affirmed the district courts decisions. U.S. Court of Appeals for the Seventh Circuit, 99-1508 and 99-2183.