UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

_________________________________________

)

INDEPENDENCE INSTITUTE, )

)

Plaintiff, )

) No. 1:14-CV-01500-CKK

v. )

)

FEDERAL ELECTION COMMISSION, )

)

Defendant. )

_________________________________________ )

UNOPPOSED MOTION OF THE CAMPAIGN LEGAL CENTER, 

DEMOCRACY 21 AND PUBLIC CITIZEN, INC. TO PARTICIPATE AS 

AMICI CURIAE WITH SUPPORTING BRIEF AMICI CURIAE

The Campaign Legal Center (CLC), Democracy 21 and Public Citizen, Inc. respectfully 

move this Court for leave to file the attached Brief Amici Curiae. Counsel for defendant Federal 

Election Commission (FEC) and counsel for plaintiff Independence Institute have consented to 

our amici participation. This motion is unopposed.

As grounds for this motion, amici would show unto the Court that:

1. CLC, Democracy 21 and Public Citizen have a longstanding, demonstrated interest 

in the operation of political disclosure laws such as the “electioneering communication” (“EC”) 

disclosure provisions challenged in this case. 52 U.S.C. § 30104(f) (formerly 2 U.S.C. § 434(f)). 

The challenged law is crucial to “providing the electorate with information, deterring actual 

corruption and avoiding any appearance thereof[.]” McConnell v. FEC, 540 U.S. 93, 196 (2003).

2. Amici are nonpartisan, nonprofit organizations that work in the area of campaign 

finance law and political disclosure, and participate in state and federal court litigation 

throughout the nation regarding contribution limits, disclosure laws, pay-to-play restrictions, 

enforcement issues, and other campaign finance matters.

Case 1:14-cv-01500-CKK Document 20 Filed 09/19/14 Page 1 of 4
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3. Pursuant to LCvR 7.1(A), amicus CLC states that it has no parent, subsidiary, or 

affiliated entities (corporate or otherwise) that have issued stock or debt securities to the public; 

no publicly held entity (corporate or otherwise) owns 10% or more of its stock; and has nothing 

to report under LCvR 7.1(A)(1)(a).

4. Pursuant to LCvR 7.1(A), amicus Democracy 21 states that it has no parent, 

subsidiary, or affiliated entities (corporate or otherwise) that have issued stock or debt securities 

to the public; no publicly held entity (corporate or otherwise) owns 10% or more of its stock; and 

has nothing to report under LCvR 7.1(A)(1)(a).

5. Pursuant to LCvR 7.1(A), amicus Public Citizen states that it has no parent, 

subsidiary, or affiliated entities (corporate or otherwise) that have issued stock or debt securities 

to the public; no publicly held entity (corporate or otherwise) owns 10% or more of its stock; and 

has nothing to report under LCvR 7.1(A)(1)(a).

6. The amici have substantial experience and expertise in the issues raised in this case. 

CLC, Democracy 21 and Public Citizen have participated in numerous cases addressing federal 

campaign finance law, including McConnell and Citizens United v. FEC, 558 U.S. 310 (2010). 

7. Amici movants believe the attached brief amici curiae will assist the Court in 

considering the issues presented in this case. The attached brief outlines the constitutional 

analysis conducted by the Supreme Court in its review of the EC disclosure provisions in 

McConnell and Citizens United, and presents relevant judicial authority on related types of 

political disclosure laws.

8. This filing is timely because this motion and the attached brief are being filed on the 

date that defendant’s opposition to plaintiff’s motion for preliminary injunction is due. 

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9. Pursuant to LCvR 7(m), counsel for amici consulted with counsel for the parties 

about their consent to the filing of the attached memorandum. Counsel for both plaintiff and 

defendant consented to the participation of amici.

Wherefore, amici movants CLC, Democracy 21 and Public Citizen respectfully request 

that the Court grant leave to file the attached Brief Amici Curiae Supporting Defendant. CLC, 

Democracy 21 and Public Citizen do not request the opportunity to participate in oral argument.

Dated this 19th day of September, 2014.

Respectfully submitted,

Fred Wertheimer

(DC Bar No. 154211)

DEMOCRACY 21

2000 Massachusetts Avenue, NW

Washington, D.C. 20036 

Tel.: (202) 355-9600

Donald J. Simon

(DC Bar No. 256388)

SONOSKY, CHAMBERS, SACHSE

ENDRESON & PERRY, LLP

1425 K Street, NW, Suite 600

Washington, D.C. 20005

Tel.: (202) 682-0240

Scott L. Nelson

(DC Bar No. 413548)

PUBLIC CITIZEN LITIGATION GROUP

1600 20th Street, NW

Washington, D.C. 20009

Tel.: (202) 588-1000

Counsel for Amici Curiae

/s/ J. Gerald Hebert

J. Gerald Hebert*

(VA Bar No. 38432)

Tara Malloy

(DC Bar No. 988280)

Lawrence M. Noble

(DC Bar No. 244434)

Megan McAllen

(DC Bar No. 1020509)

THE CAMPAIGN LEGAL CENTER

215 E Street, NE

Washington, D.C. 20002

Tel.: (202) 736-2200

 jhebert@campaignlegalcenter.org

Counsel for Amici Curiae

*Counsel of Record

Case 1:14-cv-01500-CKK Document 20 Filed 09/19/14 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on September 19, 2014, I electronically filed the foregoing Motion 

with supporting Brief Amici Curiae with the Clerk of the Court of the U.S. District Court of the 

District of Columbia by using the CM/ECF system, which will accomplish electronic notice and 

service for all counsel of record. 

/s/ J. Gerald Hebert

J. Gerald Hebert

Case 1:14-cv-01500-CKK Document 20 Filed 09/19/14 Page 4 of 4