Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Litigation
- ›
      Johnson v. FEC

FEC Record: Litigation*Johnson v. FEC*November 2, 2012 Gary E. Johnson and James P. Gray, presidential and vice presidential nominees of the Libertarian Party, respectively, applied to the FEC for pre-election public funding for the 2012 general election as “minor party” candidates. They asserted that, as
    nominees of a minor party under 26 U.S.C. § 9004(a)(2)(A), they were entitled to public funding. On September 18, 2012, the Commission rejected the application because the Libertarian Party had received less than five percent of the popular vote in
    the 2008 Presidential election and therefore did not meet the definition of “minor party” in 26 U.S.C. § 9002(7). The Commission also noted that Johnson and Gray had not been candidates in 2008 and therefore did not qualify for public funding under
    a different provision of the law. On September 26, 2012, Johnson, Gray, and the Gary Johnson 2012, Inc. campaign committee (the “Plaintiffs”) filed a complaint in the U.S. District Court for the Central District of California arguing that they were entitled to pre-general election funding.
    The district court dismissed the case for lack of jurisdiction, holding that challenges to Commission determinations regarding such public funds may be brought only in the U.S. Court of Appeals for the District of Columbia Circuit under 26 U.S.C.
    §9011(a). On October 17, 2012, the Plaintiffs filed a Petition for Review and an Emergency Motion for Mandatory Injunction in the U.S. Court of Appeals for the District of Columbia Circuit asking it to direct the FEC to make an immediate disbursement of the pre-general
    election public funds. They argued that the FEC wrongfully denied the pre-election funding because of a misapplication of the definition of “minor party.” They argued that, although the term “minor party” is used in 26 U.S.C. § 9004(a)(2)(A), it was
    an inadvertent use of the term by Congress, and was not meant to be subject to the technical definition of “minor party” in 26 U.S.C. § 9002(7). Instead, they argued, the term should be interpreted according to the plain meaning of the words. The appellate court issued a per curiam Order on October 19, 2012, denying the Plaintiffs’ emergency motion, finding that they did not meet the “stringent requirements for the injunctive relief sought... or [demonstrate] a ‘clear and indisputable’
    right to mandamus relief.” On October 31, 2012, the Plaintiffs voluntarily dismissed the matter without prejudice, before the court could issue a decision on the Plaintiffs’ Petition for Review. U.S. Court of Appeals for the District of Columbia Circuit No. 12-1418 Resources:  Johnson v. FEC litigation page
    Public Funding of Presidential Elections(FEC Brochure)
    Previous articles on 2012 presidential public funding
 Author
          Zainab  SmithCommunications Specialist


Read next: Virginia James v. FEC (District court ruling)
 Related: Explore campaign finance data »


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms