DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171179P.pdf 08/15/2018 Robert McChesney v. Caroline C. Hunter
U.S. Court of Appeals Case No: 17-1179
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit
Judge]
Civil case - Federal Campaign Laws. The Federal Election Commission
imposed a civil penalty on McChesney as the treasurer for a campaign for
U.S. Senate after finding McChesney failed to file certain notices of
campaign contributions which must be reported within 48 hours. McChesney
brought his suit alleging the Commission lacked authority to impose the
penalty. Congress's extension of the administrative fine program allowed
the Commission to continue regulations previously adopted and the
extension did not require the Commission to conduct a new evaluative
process before establishing the schedule of fines; the Commission did not
violate its rules implementing the Sunshine Act when it adopted the 2014
penalty schedule by notational voting without a public meeting; the lack
of returned paper ballots does not give rise to a plausible claim that the
Commission failed to comply with the vote tally procedure set forth in one
of its directives. Judge Beam, concurring in the result.