Under 52 U.S.C. §30109(a)(8)(A) the FEC has 120 days from the date a sworn administrative complaint is filed to act. If the Commission has not acted within that 120‑day period, the complainant may file a petition in the U.S. District Court for the District of Columbia challenging the FEC’s inaction.
Typical steps: (1) Complainant files a sworn, notarized written complaint; (2) FEC notifies respondents within 5 days and respondents may submit written responses (statutory 15‑day opportunity before certain votes); (3) General Counsel may recommend investigation; (4) If 4 commissioners vote there is “reason to believe,” the FEC investigates and may vote on probable cause; (5) If probable cause, the FEC attempts conciliation/negotiation (at least 30 days, up to 90 days; shorter near elections); (6) If conciliation fails, the Commission (by 4 votes) may bring a civil action seeking injunctions or civil penalties. Possible Commission actions include letters of admonition, conciliation agreements (which can include civil penalties), settlement/monetary penalties, referral to DOJ for criminal enforcement where appropriate, or civil litigation. (Summary based on FECA and FEC guidance.)
Declaratory relief: a court can declare the FEC’s dismissal or failure to act unlawful. Injunctive relief: the court may order the FEC to conform with that declaration (i.e., take specified steps on the complaint) within 30 days. If the FEC does not comply, the statute allows the complainant to sue in their own name to seek the underlying remedies against the alleged violators. (Courts generally order the agency to act rather than to decide merits for/against respondents.)
Team Graham is Senator Lindsey Graham’s principal campaign committee (Team Graham, Inc.); WinRed is a Republican online fundraising platform (a third‑party fundraising processor) that collects small-dollar donations for Republican candidates and committees. Team Graham raises and reports receipts and expenditures for Graham’s campaign; WinRed processes and aggregates online contributions and furnishes contributor data to campaigns and committees for reporting. Both can therefore be sources of reported receipts and appear on FEC disclosure reports.
If a court finds the FEC failed to act and orders it to conform, the primary remedies are (1) a judicial declaration that the FEC’s inaction was unlawful and (2) a court order directing the FEC to act on the complaint within a fixed time (the statute sets 30 days). If the FEC still does not comply, the complainant may then bring a civil enforcement suit in its own name against the alleged wrongdoers to seek injunctions, civil penalties, and other relief available under FECA; separately, the FEC or DOJ can pursue civil penalties or criminal charges where warranted.
SMP v. FEC and Bernegger v. FEC are parallel in form: both are 52 U.S.C. §30109(a)(8)(A) suits alleging the FEC failed to act within the statutory 120‑day period and seeking declaratory and injunctive relief. They differ in substance: SMP (filed Feb. 5, 2026) concerns alleged improper spending by the NRSC and related entities, while Bernegger (filed Dec. 31, 2025) concerns alleged unlawful contributions and reporting by Senator Graham, Team Graham, and WinRed.