Rufer, et al. v. FEC
On May 21, 2014, Chris Rufer, along with one state committee and one national committee of the Libertarian Party, filed suit in the U.S. District Court for the District of Columbia to challenge the constitutionality of laws and Commission regulations that prevent party committees from raising and spending funds outside the federal source and amount limitations to finance independent expenditures. The plaintiffs seek injunctive relief and a declaratory judgment that such restrictions violate the First Amendment.
A series of recent court decisions have concluded that the Act’s contribution limits and its ban on corporate and union expenditures cannot constitutionally be applied to funds nonconnected PACs raise and spend solely for independent expenditures. Based on these decisions, some nonconnected PACs have established separate bank accounts to finance independent expenditures using contributions that may exceed the Act’s limits and come from corporations and unions. The plaintiffs argue that the First Amendment requires that party committees be permitted to establish such accounts.
The plaintiffs ask the court to grant preliminary and permanent injunctions to prohibit the FEC from enforcing the challenged provisions, and seek declaratory judgment that 2 U.S.C. §§441(a)(1)(B), (D) and 441i(a)-(c) are unconstitutional as applied to separate independent expenditure accounts created by party committees.
(Posted 5/29/2014; By: Alex Knott)
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