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      Appeals court to consider contribution limit challenges in Libertarian National Committee v. FEC (Case 1:16-cv-00121-BAH)

FEC Record: Advisory opinionsAppeals court to consider contribution limit challenges in Libertarian National Committee v. FEC (Case 1:16-cv-00121-BAH)July 9, 2018 On June 29, 2018, the United States District Court for the District of Columbia issued a memorandum opinion in Libertarian National Committee v. FEC. The court certified to the U.S. Court of Appeals for the District of Columbia Circuit one facial
    and two as-applied constitutional challenges to the limits on contributions by an individual to national party committees. Background The Libertarian National Committee (LNC) argues that the limits on contributions to national party committees    cannot be constitutionally applied to a bequest from Joseph Shaber under the First Amendment, and that the higher limits on special segregated accounts for buildings, conventions, and legal expenses    effectively impose a content-based restriction on a national party's speech. Analysis Under the Federal Election Campaign Act, challenges to the constitutionality of the statute’s provisions begin in the appropriate district court. Under the special judicial review provision at 52 U.S.C. § 30110, he role of the district court is
    to certify all questions of constitutionality to the United States court of appeals for the appropriate circuit. The district court does not certify questions that are “wholly insubstantial,” “obviously frivolous,” and “obviously without merit,” which
    means that satisfying the standard for certification is a “low bar.” The district court’s discretion is not limited to certifying or dismissing a question, but also permits the court to reformulate a proposed question prior to certification. In this
    case, the district court reformulated aspects of the LNC’s proposed questions, certifying the following to the Court of Appeals:  Does imposing annual contribution limits against the bequest of Joseph Shaber violate the First Amendment rights of the Libertarian National Committee?
    Do 52 U.S.C. §§ 30116(a)(1)(B), (a)(9), and 30125(a)(1), on their face, violate the First Amendment rights of the Libertarian National Committee by restricting the purposes for which the Committee may spend its contributions above § 30116(a)(1)(B)’s
        general purpose contribution limit to those specialized purposes enumerated in §30116(a)(9)?
    Do 52 U.S.C. §§ 30116(a)(1)(B), (a)(9), and 30125(a)(1) violate the First Amendment rights of the Libertarian National Committee by restricting the purposes for which the Committee may spend that portion of the bequest of Joseph Shaber that exceeds
        § 30116(a)(1)(B)’s general purpose contribution limit to those specialized purposes enumerated in § 30116(a)(9)? Citations 52 U.S.C. § 30110
    Judicial review 52 U.S.C. § 30116(a)(1)(B)
Limits on contributions to a national party 52 U.S.C. § 30116(a)(9)
    Limits on contributions to certain national party accounts 52 U.S.C. § 30125(a)(1)
    Prohibition on soft money for national parties Resources Libertarian National Party v. FEC litigation page
 Author
          Christopher BergCommunications Specialist


Read next: Libertarian National Committee, Inc. v. FEC (New 2016)
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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.


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