United States District Court

Eastern District of North Carolina

Northern Division

Holly Lynn Koerber and

Committee for Truth in Politics, Inc.,

Plaintiffs,

v.

Federal Election Commission,

Defendant.

Case No.

Preliminary Injunction Motion

Holly Lynn Koerber and Committee for Truth in Politics, Inc. (“CTP”) move for a preliminary injunction to enjoin the FEC from enforcing (a) § 201 of the Bipartisan Campaign Reform

Act of 2002 (“BCRA”), Pub. L. No. 107-155, 116 Stat. 81, 88-89, 2 U.S.C. § 434(f) (“Reporting

Requirement”), and (b) BCRA § 311, 116 Stat. 105, 2 U.S.C. § 441d(a) (“Disclaimer Requirement”), as applied to CTP, its Basic Rights and Tragic, but True ads, its materially-similar future

ads, and all communications that meet the statutory “electioneering communications” definition

but are not unambiguously campaign related under WRTL II’s appeal-to-vote test because they

“may reasonably be interpreted as something other than as an appeal to vote for or against a specific candidate.” FEC v. Wisconsin Right to Life, 127 S. Ct. 2652, 2670 (2007) (“WRTL II”) (stating holding).

 Plaintiffs also move for the preliminary injunction to enjoin the FEC from using (c) its

PAC-status enforcement policy, see Verified Complaint at 53-56, which goes beyond the mandated examination of “the major purpose” of an organization and determination of major purpose

as an “empirical judgment as to whether an organization primarily engages in regulable, elec1

Case 2:08-cv-00039-BR Document 3 Filed 10/03/2008 Page 1 of 3
tion-related speech” North Carolina Right to Life v. Leake, 525 F.3d 274, 287 (4th Cir. 2008)

(emphasis added), as a basis for investigation, enforcement, or imposing penalties under the PAC

provisions of the Federal Election Campaign Act (“FECA”), facially and as applied to CTP.

Dated: October 2, 2008

/s/ Paul Stam 

Paul Stam, paulstam@bellsouth.net

State Bar No. 6865

STAM FORDHAM & DANCHI, P.A.

P.O. Box 1600

510 W. Williams Street

Apex, NC 27502

919/362-8873 telephone

919/387-7329 facsimile

Local Counsel for Plaintiff

Respectfully submitted,

/s/ James Bopp, Jr. 

James Bopp, Jr., jboppjr@aol.com

 Ind. Bar No. 2838-84

Richard E. Coleson, rcoleson@bopplaw.com

 Ind. Bar No. 11527-70

Clayton J. Callen, ccallen@bopplaw.com

 Mo. Bar No. 59885

Sarah Troupis, stroupis@bopplaw.com

 Wis. Bar No. 1061515

BOPP, COLESON & BOSTROM

1 South Sixth Street

Terre Haute, IN 47807-3510

812/232-2434 telephone

812/234-3685 facsimile

Lead Counsel for Plaintiffs

2

Case 2:08-cv-00039-BR Document 3 Filed 10/03/2008 Page 2 of 3
Certificate of Service

The undersigned hereby certifies that a true and accurate copy of the foregoing Preliminary

Injunction Motion was served by certified mail on the persons identified below on October 3,

2008. In addition, a courtesy copy was sent by email to the FEC at tduncan@fec.gov,

dkolker@fec.gov, and kdeeley@fec.gov, and a courtesy copy was sent by FedEx overnight service to General Mukasey.

Thomasenia P. Duncan, General Counsel

FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington, DC 20436

Civil Process Clerk

UNITED STATES ATTORNEY’S OFFICE

310 New Bern Avenue, Suite 800

Terry Sanford Federal Building & U.S.

Courthouse

Raleigh, NC 27601-1461

Attorney General Michael B. Mukasey

U.S. DEPARTMENT OF JUSTICE

950 Pennsylvania Ave. NW

Washington, DC 20530

/s/ Paul Stam

Paul Stam

3

Case 2:08-cv-00039-BR Document 3 Filed 10/03/2008 Page 3 of 3