Challenge Would Allow Libertarian Parties to Have Independent Expenditure-Only Accounts

WASHINGTON, D.C. – The Libertarian Party of Indiana, Libertarian National Congressional Committee, and donor Chris Rufer have filed a First Amendment challenge to restraints on speech. The suit, Rufer, et. al. v FEC, challenges the lack of a valid anti-corruption rationale for preventing party committees -particularly “minor” or third parties-from establishing their own Independent Expenditure only accounts, as PACs are able to do. Plaintiffs are represented by Michael Morley, a part of Shaun McCutcheon’s legal team in the recent Supreme Court victory for speech, McCutcheon, et. al. v FEC, litigating for the Coolidge Reagan Foundation which promotes First Amendment rights, and Danielle Frisa of the Houston law firm Shahla PC,   

Morley described the case in simple terms, “If Party committees engage in the same prophylactic measures to prevent coordination that the FEC has clearly established for other organizations, it is unreasonable to deny them the same speech rights.”

Coolidge Reagan Foundation Chairman and fellow McCutcheon attorney, Dan Backer, noted, “Political parties are the coming together of like-minded citizens to promote the candidacy of those who share their ideals; whatever justification exists to limit direct or earmarked contributions, the Court and the law now recognize the importance of independent expenditure speech in the political process, and it makes no sense to give less speech to party committees.”

The case was filed in U.S. District Court for the District of Columbia with request for a 3-judge panel, pursuant to a special provision for challenges to the constitutionality of the Bipartisan Campaign Reform Act, more commonly known as McCain-Feingold. The case is numbered 1:14-cv-00837-CRC and filings are available on the FEC website at http://fec.gov/law/litigation/Rufer.shtml