§ 437h. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC437h]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 437h. Judicial review
The Commission, the national committee of any political party, or
any individual eligible to vote in any election for the office of
President may institute such actions in the appropriate district court
of the United States, including actions for declaratory judgment, as may
be appropriate to construe the constitutionality of any provision of
this Act. The district court immediately shall certify all questions of
constitutionality of this Act to the United States court of appeals for
the circuit involved, which shall hear the matter sitting en banc.
(Pub. L. 92-225, title III, Sec. 310, formerly Sec. 315, as added Pub.
L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1285;
renumbered Sec. 314 and amended Pub. L. 94-283, title I, Secs. 105,
115(e), May 11, 1976, 90 Stat. 481, 496; renumbered Sec. 310 and amended
Pub. L. 96-187, title I, Secs. 105(4), 112(c), Jan. 8, 1980, 93 Stat.
1354, 1366; Pub. L. 98-620, title IV, Sec. 402(1)(B), Nov. 8, 1984, 98
Stat. 3357; Pub. L. 100-352, Sec. 6(a), June 27, 1988, 102 Stat. 663.)
References in Text
This Act, referred to in text, means the Federal Election Campaign
Act of 1971, as amended, as defined by section 431 of this title.
Prior Provisions
A prior section 310 of Pub. L. 92-225 was renumbered section 307,
and is classified to section 437d of this title.
Another prior section 310 of Pub. L. 92-225 was renumbered section
306, and is classified to section 437c of this title.
Another prior section 310 of Pub. L. 92-225 was classified to
section 440 of this title, prior to repeal by Pub. L. 93-443.
Amendments
1988--Pub. L. 100-352 struck out ``(a)'' before ``The Commission''
and struck out subsec. (b) which read as follows: ``Notwithstanding any
other provision of law, any decision on a matter certified under
subsection (a) of this section shall be reviewable by appeal directly to
the Supreme Court of the United States. Such appeal shall be brought no
later than 20 days after the decision of the court of appeals.''
1984--Subsec. (c). Pub. L. 98-620 struck out subsec. (c) which
provided for advancement on appellate docket and expedited disposition
of any matter certified under subsec. (a) of this section.
1980--Subsec. (a). Pub. L. 96-187, Sec. 112(c), struck out ``of the
United States'' after ``office of President''.
1976--Subsec. (a). Pub. L. 94-283, Sec. 115(e), struck out
references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of
title 18.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Effective 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 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of this
title.
Effective Date
Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93-
443, set out as an Effective Date of 1974 Amendment note under section
431 of this title.
Judicial Review
Pub. L. 107-155, title IV, Sec. 403, Mar. 27, 2002, 116 Stat. 113,
provided that:
``(a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought for declaratory or injunctive relief to
challenge the constitutionality of any provision of this Act [see Short
Title of 2002 Amendment note set out under section 431 of this title] or
any amendment made by this Act, the following rules shall apply:
``(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-judge
court convened pursuant to section 2284 of title 28, United States
Code.
``(2) A copy of the complaint shall be delivered promptly to the
Clerk of the House of Representatives and the Secretary of the
Senate.
``(3) A final decision in the action shall be reviewable only by
appeal directly to the Supreme Court of the United States. Such
appeal shall be taken by the filing of a notice of appeal within 10
days, and the filing of a jurisdictional statement within 30 days,
of the entry of the final decision.
``(4) It shall be the duty of the United States District Court
for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of the action and appeal.
``(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or any amendment made
by this Act is raised (including but not limited to an action described
in subsection (a)), any member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) or
Senate shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication of
efforts and reduce the burdens placed on the parties to the action, the
court in any such action may make such orders as it considers necessary,
including orders to require intervenors taking similar positions to file
joint papers or to be represented by a single attorney at oral argument.
``(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or any amendment made by
this Act.
``(d) Applicability.--
``(1) Initial claims.--With respect to any action initially
filed on or before December 31, 2006, the provisions of subsection
(a) shall apply with respect to each action described in such
section.
``(2) Subsequent actions.--With respect to any action initially
filed after December 31, 2006, the provisions of subsection (a)
shall not apply to any action described in such section unless the
person filing such action elects such provisions to apply to the
action.''
