Senate Majority PAC (SMP) is a Democratic-aligned independent expenditure-only committee (a “super PAC”) that raises unlimited contributions to run ads and other independent political activity to help elect Democrats to the U.S. Senate; it does not make contributions coordinated with candidates. SMP frequently funds television and digital advertising and other independent expenditures in competitive Senate races.
The NRSC (National Republican Senatorial Committee) is the Republican Hill committee that raises money and supports Republican U.S. Senate candidates. As a national party committee it maintains ordinary federal accounts and special segregated “party” accounts (including headquarters and legal-proceedings accounts) and spends on candidate support, party operations, fundraising, and independent expenditures such as advertising — subject to FECA rules on coordination and account usage.
Legally, a “failure to act” means the FEC did not take final enforcement action on a properly filed administrative complaint within the statutory 120‑day window (or dismissed it); FECA gives the complainant the right to sue in D.C. district court after 120 days. Normal FEC procedure: OGC reviews a complaint for sufficiency, sends respondents a copy (within 5 days), respondents have 15 days to respond, OGC may investigate and recommend actions, and the Commission votes on disposition (e.g., find no reason to believe, find probable cause, seek conciliation). Timelines beyond those steps vary; the 120‑day statute is the key deadline for a suit alleging inaction.
“Legal proceedings” and “headquarters” accounts are specialty segregated accounts national party committees may maintain under FECA. The legal‑proceedings account is limited to expenses for recounts, election contests, and other legal proceedings; the headquarters account is limited to costs to build/operate party headquarters. Paying for candidate television ads from those accounts can be unlawful because those accounts are not authorized generally to fund candidate campaign communications or federal election activity outside the narrow purposes; using them for candidate ads can constitute impermissible in‑kind contributions or misuse of restricted funds under FECA.
Under FECA and the enforcement statute (52 U.S.C. §30109(a)(8)), declaratory relief is a court statement that the FEC’s dismissal or failure to act was contrary to law; injunctive relief is a court order directing the FEC to take (or stop) specified actions. Practically, the court can declare the FEC’s inaction unlawful, direct the Commission to conform to that declaration within 30 days, and — if the FEC still does not act — allow the complainant to bring a civil action in its own name to obtain remedies against the alleged violator.
The public can read the complaint and many filings on the FEC litigation page for SMP v. FEC (26‑336) and via the complaint PDF posted by SMP. Court docket entries/filings are also available through the D.C. federal court PACER system (or mirror sites such as CourtListener/RECAP) once docketed.
If a court orders the FEC to conform within 30 days the Commission can comply by taking the enforcement steps the court requires (e.g., vote to investigate or seek conciliation), seek a stay, or attempt other legal remedies; if the FEC does not comply the statute authorizes the complainant to bring a civil action in its own name to remedy the underlying violation. Parties may also seek appellate review of the district court’s order or ask the district court for stays or modification.