Great news. I wish them well. But i still thinking a better strategy is to 
subvert an existing major party, like Trump did. 

Sent from my iPhone

> On Feb 11, 2017, at 06:20, BILROJ via Centroids: The Center of the Radical 
> Centrist Community <[email protected]> wrote:
> 
> Real Clear Politics
>  
> Third Parties See Chance for Spot in Presidential Debates
>  
> Melissa Cruz
> February 10, 2017
>  
>  
> Except for 2008, the Commission on Presidential Debates has been sued in 
> every presidential cycle since it was formed in 1987. Those court challenges, 
> usually centering on opening the process to more candidates, have never 
> gotten anywhere — until now.
> 
> Those frustrated with the two-party domination of America’s election process 
> finally have something to cheer about, thanks to a federal judge’s ruling 
> against the Federal Election Commission. Reformers hope this decision could 
> result in the next presidential debate stage being more crowded – and more 
> independent – than it has been since the 1990s.
> 
> The pathway to get there, however, is not a straight one, and not all 
> independent activists yearning to break the Democratic-Republican duopoly are 
> certain that litigation is the best path.
> 
> But thanks to U.S. District Court Judge Tanya Chutkan, the legal option is 
> now in play. Her ruling states that by ignoring a complaint filed by Level 
> the Playing Field, a nonprofit group trying to open up the presidential 
> debates to a  third-party candidate, the FEC has been active in ways that 
> benefit the Republican and Democratic parties. (The plaintiffs in the case 
> also include the Libertarian National Committee and the Green Party of the 
> United States.)
> 
> Their complaint zeroes in on the presidential debate commission, alleging 
> that the rules of the road adopted by the self-described nonpartisan 
> organization eliminate any realistic possibility of allowing a third-party 
> contender onto the debate stage. The lawsuit alleges that in so doing, the 
> nonprofit debate sponsor has violated federal election laws; the suit asks 
> for the FEC to intervene, a request that has so far been ignored.
> 
> Although neither the commission nor the FEC responded to a request for 
> comment on the judge’s ruling, commission officials have long insisted that 
> they are not trying to hinder viable candidates from participating in the 
> process, but that it makes sense to afford a platform to presidential 
> candidates with a realistic chance of being elected. The debate commission is 
> neither congressionally mandated nor constitutionally protected, and some 
> commissioners have pointed out that other organizations can sponsor debates 
> if they choose.
> 
> But Level the Playing Field maintains that the 15 percent support threshold 
> needed for participation under the commission’s rules effectively bars a 
> third-party or independent candidate. The group’s legal complaint argues that 
> an independent candidate would need to achieve a minimum of 60 percent 
> national name recognition in order to hit the 15 percent polling marker. The 
> plaintiffs contend that the commission rule is unfeasible in terms of time 
> and money – a third-party candidate would have to rally massive support by 
> the time the general election debates begin, no easy task since such 
> candidates often don't possess the finances and sheer manpower of their major 
> party rivals. 
> 
> It all comes down to the limited tools with which independents are forced to 
> work. Independent candidates generally cannot get on the ballot for closed 
> primaries. Additionally, they are allowed to accept no more than $5,200 from 
> any individual donor for the two years leading up to the election, while 
> their Republican and Democratic counterparts can receive up to $537,000 in 
> “soft money” donations
> 
> under FEC rules. Under these conditions, reaching the minimum support 
> threshold is all but impossible.  
> Alexandra Shapiro, the New York-based lawyer for the plaintiffs, said the 
> lawsuit is specifically contesting the 15 percent rule.
> 
> “The ball is now in the FEC’s court,” Shapiro said, noting that the 
> commission has been given 30 days as of Feb. 1 to reconsider or further 
> explain its decision to dismiss LPF’s complaint. It has likewise been given 
> 60 days to reconsider the petition for rulemaking to change the debate 
> regulations as the plaintiffs have requested.
> 
> Their hope is that the lawsuit will ultimately require the FEC to enforce its 
> own election laws on the CPD. The regulations would then be modified to 
> “expressly prohibit using a polling threshold as the exclusive way to get 
> into the debates,” said Shapiro.
> 
> The complaint also highlights another alleged sign of favoritism toward a 
> two-party system. Key members of the commission have repeatedly donated to 
> the Republican and Democratic national committees, and poured thousands of 
> dollars into the respective parties' presidential campaign coffers. These 
> donations, the complaint argues, show that the CPD is violating its core 
> tenet of nonpartisanship.
> 
> Shapiro also stressed the partisan backgrounds of founding chairmen Paul Kirk 
> and Frank Fahrenkopf, who are former heads of the DNC and RNC, respectively. 
> She cited statements made at the group’s 1987 inception that it was 
> bipartisan and would not look favorably on including third-party candidates 
> in debates, as reported by The New York Times.
> 
> “The debates should be run by a group that is going to operate the process in 
> a more nonpartisan manner,” Shapiro added. “If the rules were changed and 
> there was a legitimate way to get a third-party candidate into the debates, 
> we could see a whole new process in the 2020 presidential election.”
> 
> Just how that process may take shape could vary greatly. Level the Playing 
> Field envisions choosing a third-party candidate from a signature-gathering 
> competition or from a nationwide primary conducted exclusively online.
> 
> “The key here is that we have a broken political system,” says former under 
> secretary of state James Glassman. “But how do you fix it? There’s talk of 
> changing campaign financing, gerrymandering, but [LPF] has realized there’s 
> one fairly small way to change it all: simply change the debate rules.”
> 
> Glassman, who worked in the George W. Bush administration and is now advising 
> Peter Ackerman, the force behind Level the Playing Field, also asserts that 
> it’s backwards to use polling to determine access to the political process. 
> “No state uses polling as a way for people to gain access to anything on the 
> ballot,” he said. “Whether it’s for the mayor, governor, or so on, it’s 
> signature gathering.”
> 
> Another alternative floated by reformers is a nationwide online primary, a 
> election process Glassman believes would “really capture the imagination of 
> the American public.”
> 
> This method would also set a minimum threshold: “Maybe 2 million votes, 5 
> million – we would discuss with the commission on what would qualify,” 
> Glassman said. “By having a national primary, we would be inviting all the 
> states to participate, not just places like Iowa and New Hampshire. Everyone 
> would have an equal vote.”
> 
> Even those who share Ackerman’s goals wonder if litigation is the most 
> effective way of challenging the status quo. Terry Michael, the former senior 
> media adviser for Libertarian Gary Johnson’s presidential campaign, believes 
> that discussion, as opposed to a lawsuit, is the best way for alternative 
> parties to move forward.
> 
> Michael said his advice for the Johnson campaign during the 2016 election was 
> to not pursue the matter in the courts. Rather, he pushed for a discussion 
> with the commission in the hopes that the organization would change its 
> regulations in time for Johnson to make the general election debates. Michael 
> said the CPD was “obstinate” in its defense of the 15 percent rule, but he 
> wonders if the commissioners would have been more open to negotiation if they 
> hadn’t been  sued.
> 
> Michael, who served as the DNC’s press secretary when the commission was 
> first established, also doubts whether the FEC has the jurisdiction to 
> dictate conditions to the debate commission, which is not a government entity.
> 
> But the official stance of the Libertarian National Committee, another 
> plaintiff in the case, is decidedly more optimistic. Nicholas Sarwark, 
> chairman of the LNC, noted that the FEC has control over debate organizations 
> through a federal statute; that statue requires debate sponsors to act in a 
> nonpartisan manner. If the CPD is shown to be in violation but remains 
> bipartisan, Sarwark said it would have to “report as a campaign organization 
> and not take corporate funds,” thereby losing its status as a 501(c)(3) 
> nonprofit.
> 
> Sarwark admits there is nothing inherently wrong with an organization wanting 
> only Republicans and Democrats on their stage, but the debate sponsors must 
> drop the nonpartisan label.
> 
> The Libertarian committee chairman is uninterested in talks with the CPD: 
> “Our party’s stance is that you don’t really negotiate with terrorists. They 
> stonewall us every time and are bound and determined to exclude us from their 
> ‘campaign commercial.’”
> 
> Sarwark doesn’t believe the CPD would negotiate in good faith anyway, saying 
> the commission members “weren’t interested in talking about meaningful 
> change. If anything, it would be more along the lines of a delaying tactic to 
> blow us off for the next few years. As a plaintiff, you shouldn’t bring a 
> suit and then negotiate against yourself.”
> 
> As for the Libertarian Party’s path to the debate stage, it is focusing on 
> traditional ballot access. If a candidate has sufficient access and a pathway 
> to win the Electoral College, he or she should be allowed on the debate 
> stage, Sarwark said.
> 
> And if there must be a polling standard in addition to ballot access, the 
> Libertarian Party believes pollsters should reframe their line of 
> questioning. For example, voters are typically asked, “Would you vote for 
> this candidate if the election was held today?” Instead, Sarwark believes 
> voters should be asked whether they would like to hear from multiple 
> candidates at the debates. If polls were framed this way, the numbers would 
> likely shift in third-party candidates’ favor.
> 
> The Green Party points to another obstacle: the difficulty in even getting 
> its candidates on the ballot. “It’s an effort that takes so much time and 
> money that it handicaps alternative party candidates,” said party spokesman 
> Scott McLarty.
> 
> Les Francis, a former executive director of the DNC and deputy White House 
> chief of staff under President Carter, tried to nudge the commission in an 
> entirely different direction during the 2016 election.
> 
> “I tried, obviously without success, in the lead-up to the 2016 elections and 
> through back channels, to offer an alternative to both LPF and the CPD, 
> whereby there might be a ‘playoff’-type system, something similar to NCAA 
> basketball,” Francis told RCP.
> 
> “In my scenario, some number of ‘independent’ or minor party candidates – 
> their viability tested by polling both name recognition but also by more 
> probing questions – would square off in debates either before or just after 
> the nominating conventions. The top two or three finishers, according to an 
> average in well-regarded national polls, would participate in the first 
> debate with the major party nominees, and then if one or more hit a threshold 
> of say, 10 percent, would go to the second debate. Another round of polling 
> could determine the makeup of round three.” 
> 
> Francis said these negotiations were not possible, however, as a negative 
> campaign against the debate commission had already “poisoned the well 
> regarding any further, productive conversations.”
> 
> There was, however, one aspect to the case all groups agreed on: No matter 
> the pathway to get on the debate stage, a third-party candidate is a needed 
> antidote after the Clinton and Trump campaigns.
> 
> “There is no better argument for including candidates like Jill Stein than 
> from what we saw at the debates last year,” McLarty asserted.
> 
> James Glassman concurs. “When you get down to it, we have a broken system 
> that is getting more broken by the minute. It’s because when we only have two 
> parties, each one goes into its own corner,” he said. “You frequently end up 
> with extremism, while the vast majority of Americans are in the middle. Even 
> if the independent choice doesn’t win, that person would have a big impact on 
> pulling the other candidates to the middle to create a more constructive 
> election.”
> 
> -- 
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