BUCKLEY v. VALEO
1
Per Curiam
withstanding any other provision of law, any person with
respect to whom an advisory opinion is rendered ...who
acts in good faith in accordance with the provisions and
findings [thereof] shall be presumed to be in compliance
with the [statutory provision] with respect to which
such advisory opinion is rendered." § 437f (b). In the
course of administering the provisions for Presidential
campaign financing, the Commission may authorize convention expenditures which exceed the statutory limits.
26 U. S. C. § 9008 (d)(3) (1970 ed., Supp. IV).
The Commission's enforcement power is both direct
and wide ranging. It may institute a civil action for
(i) injunctive or other relief against "any acts or practices which constitute or will constitute a violation of this
Act," § 437g (a) (5) ; (ii) declaratory or injunctive relief
"as may be appropriate to implement or con[s]true any
provisions" of Chapter 95 of Title 26, governing administration of funds for Presidential election campaigns
and national party conventions, 26 U. S. C. § 9011 (b)
(1) (1970 ed., Supp. IV); and (iii) "such injunctive relief
as is appropriate to implement any provision" of Chapter
96 of Title 26, governing the payment of matching funds
for Presidential primary campaigns, 26 U. S. C. § 9040
(c) (1970 ed., Supp. IV).
If after the Commission's
post-disbursement audit of candidates receiving payments
under Chapter 95 or 96 it finds an overpayment, it is
empowered to seek repayment of all funds due the Secretary of the Treasury. 26 U. S. C. §§ 9010 (b), 9040 (b)
(1970 ed., Supp. IV). In no respect do the foregoing
civil actions require the concurrence of or participation
by the Attorney General; conversely, the decision not to
seek judicial relief in the above respects would appear to
rest solely with the Commission.1 5 3 With respect to the
153 This conclusion seems to follow from the manner in which the
subsections of § 437g interrelate.
Any person may file, and the
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