I. Filing a Complaint
Any person may file a complaint if he or she believes a violation of the Federal Election Campaign Laws or Commission regulations has occurred or is about to occur. The complaint must be made in writing and sent to the Office of General Counsel, Federal Election Commission, 999 E Street, N.W., Washington, D.C. 20463. The original must be submitted along with three copies, if possible. Facsimile or e-mail transmissions are not acceptable. A complaint must comply with certain requirements. It must:
Provide the full name and address of the person filing the complaint (called the complainant); and
Be signed, sworn to and notarized. This means that the notary public's certificate must say "...signed and sworn to before me...," or words that connote the complaint was affirmed by the complainant, (such as “under penalty of perjury”).
Furthermore, in order for a complaint to be considered complete and proper, it should:
Clearly recite the facts that show specific violations under the Commission's jurisdiction (citations to the law and regulations are not necessary);
Clearly identify each person, committee or group that is alleged to have committed a violation (called the respondent);
Include any documentation supporting the allegations, if available; and
Differentiate between statements based on the complainant's (the person who files the complaint) personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information.
For self-reported complaints (called "sua sponte" submissions), the submission should include an admission of the violation(s), a complete recitation of the facts along with all relevant documentation that explains how the violation was discovered, the internal actions that were taken in response to the violation and what other agencies, if any, are investigating the violation (or facts surrounding the violation).
The Commission seeks to increase the number of self-reported submissions in order to expedite enforcement of the law. To encourage self-reporting, the Commission will generally negotiate penalties between 25 and 75 percent lower than those for matters arising by other means, such as through complaints or the Commission’s own review of reports. In certain circumstances, the Commission may allow committees who voluntarily report their violations and make a complete report of their internal investigation to proceed directly into conciliation before the Commission makes a finding as to whether there is reason to believe the committee violated campaign finance laws or Commission regulations.3
