Suit Challenges FEC Exclusion of Independents in Pres. Debates
U.S. Newswire
5 May 15:46
Suit Challenges FEC Exclusion of Independents in Presidential Debates
To: Assignment Desk, Daybook Editor
Contact: Sarah Lyons, 212-803-1884 or 917-586-0786,
for the Committee for a Unified Independent Party Inc.

News Advisory:

A press briefing will be held at noon on Monday, May 8, at the
National Press Club in Washington D.C. to announce the filing of a
lawsuit challenging Federal Election Commission (FEC) regulations
which allow the exclusion of independent and third party candidates
from the presidential debates.

Speakers include: Alan Keyes, Dr. Lenora Fulani, Committee for a
Unified Independent Party (CUIP) chair, Harry Kresky, a New York
attorney and member of the CUIP debate's legal team along with
other attorneys on the team, Jamin Raskin, American University
Washington College of Law, Director, Appleseed Electoral Reform
Law Project (tentative), Natural Law Party and possibly other
independent parties.

The suit is brought under the Federal Administrative Procedure
Act and asserts that the FEC's debate regulations are not in
conformity with the Federal Election Campaign Act (FECA), which
requires that candidate debates be non-partisan. This suit also
seeks to enjoin the FEC from further implementation of regulations
that exempt corporations which sponsor debates, including the CPD,
from the contribution and expenditure limits.

Plaintiffs, who include CUIP, and independent non-profit
advocacy organization, unaligned voters and members of minor
independent parties, as well as Democratic and Republican voters
who believe that the debates should not be limited only to major
party candidates.

FECA prohibits expenditures and contributions by corporations in
connection with federal elections. However, it exempts expenditures
for "nonpartisan activity that is designed to encourage individuals
to vote or to register to vote." In 1996, the FEC removed the
"nonpartisan" criteria from its debate regulations. In doing so,
the FEC has created a "safe harbor" for corporations like the
Commission on Presidential Debates (CDP) to receive unlimited tax
deductible corporation contributions and spend unlimited amounts to
stage candidate debates which favor the two major parties -- debates
that are bipartisan, not nonpartisan.

According to Harry Kresky, one of the plaintiff's attorneys:
"This suit allows us to go directly to court to challenge the FEC
for adopting regulations which permit the presidential debates to
be used by the Democrat and Republicans (who control the Commission
on Presidential Debates as well as the FEC) to channel the votes of
millions of Americans who consider themselves political
independents to the candidates of the two major parties. The
government sanctioned bipartisan debates suggest that any candidate
other than a Democrat or a Republican is illegitimate."

The press briefing will be held on Monday, May 8 at noon at the
National Press Club in the Lisagor Room.

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