46. Section 441a(a)(1)(A)’s contribution limit of $2,600 to each candidate per election
is unconstitutional under the equal protection component of the Fifth Amendment’s Due Process
Clause, as applied to political committees that have received contributions from at least 50 people
and contributed to at least 5 federal candidates, but have not existed and been registered with the
FEC for at least 6 months.

COUNT II
Plaintiffs STOP REID’s and Niger Innis’ First Amendment

Challenge to 2 U.S.C. § 441a(a)(4)’s Six-Month Waiting Period
As Applied to Certain New Political Committees

47. Plaintiffs STOP REID and Niger Innis hereby re-allege and incorporate by
reference the allegations contained in Paragraphs 1-46.

48. Political committees that have received contributions from at least 50 people and
made contributions to at least 5 federal candidates, but that have existed and been registered with
the FEC for less than six months, may contribute only $2,600 per election to each candidate.
2 U.S.C. § 441a(a)(1)(A).

49. 2 U.S.C. § 441a(a)(4) imposes a six-month waiting period on such committees
before they may qualify as “multicandidate political committees,” and be permitted to contribute
$5,000 per election to each candidate under 2 U.S.C. § 441a(a)(2)(A).

50. This six-month waiting period is a substantial delay that interferes with new
political committees’ attempts to associate with and demonstrate their support for candidates in a
timely manner. Such delay constitutes a substantial burden on First Amendment rights.

51. 2 US.C. § 441a(a)(4)’s six-month waiting period for being designated a
“multicandidate political committee” and being permitted to contribute $5,000 rather than $2,600
per election to each candidate is comparable to a prior restraint and substantially burdens First

Amendment rights of freedom of association and expression. 2 U.S.C. § 441a(a)(4) therefore is

12


Parties

3. Plaintiff STOP THE RECKLESS ECONOMIC INSTABILITY CAUSED BY
DEMOCRATS (“STOP REID”) is a non-connected political committee that maintains its principal
place of business in Alexandria, Virginia. It filed its registration with the Federal Election
Commission (“FEC”) on February 24, 2014, and resubmitted its registration form on April 4, 2014,
after the FEC failed to post the original one on its website.

4. Plaintiff NIGER INNIS is a resident of Las Vegas, Nevada. He is a candidate for
the Republican nomination for the U.S. House of Representatives from Nevada’s fourth
congressional district. He is interested in associating, to the full extent permitted by federal law,
with individuals and groups that share his beliefs in limited government, lower taxes, and personal
freedom.

5. Plaintiff NIGER INNIS FOR CONGRESS (“NFIC”) is the authorized principal
campaign committee for Plaintiff Innis, in connection with his congressional campaign. Its
principal place of business is in Las Vegas, Nevada.

6. Plaintiff TEA PARTY LEADERSHIP FUND (“Fund”) is a non-connected
multicandidate political committee that is registered and maintains its principal place of business
in Alexandria, Virginia. It filed its registration with the FEC on May 9, 2012.

7. Plaintiff ALEXANDRIA REPUBLICAN CITY COMMITTEE (“ARCC”) is a
local political party committee and is affiliated with the Virginia Republican State Committee, a
state political party committee. It maintains its principal place of business in Alexandria, Virginia.

8. Defendant FEDERAL ELECTION COMMISSION (“FEC”) is located in

Washington, D.C. It is the federal agency charged with enforcing the FECA and BCRA.

The Discriminatory Contribution Limits


3. Costs and attorneys’ fees pursuant to any applicable statute or authority, including

but not limited to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

4. Such other relief as this Court deems just and appropriate.

Dated this 14th day of April 2014.

Respectfully submitted,

isi4 brat ( Morlex be Br
Michael Morley, Esq. J ad
Virginia State Bar # 65762
COOLIDGE-REAGAN FOUNDATION
1629 K Street, Suite 300
Washington, DC 20006
Phone: (202) 603-5397
Fax: (202) 331-3759
E-mail: Morley@coolidgereagan.org

Dan Backfy Ese

Virgini#/State Bar # 78256

DB CaPITOL STRATEGIES PLLC

717 King Street, Suite 300

Alexandria, VA 22314

Phone: (202) 210-5431

Fax: (202) 478-0750

E-mail: DBacker@DBCapitolStrategies.com

Attorneys for Plaintiffs


25. Due to the FECA’s six-month waiting period, however, STOP REID will not
qualify as a multicandidate political committee until August 24, 2014—after the primary election
is over—and therefore may not contribute more than a total of $2,600 to Innis in connection with
the primary. If STOP REID had existed and been registered with the FEC for more than six
months, however, it would be able to contribute a total of $5,000 to Innis in connection with the
primary.

26. | STOP REID wishes to contribute additional funds to Innis in the primary election
as a way of further associating itself with him; expressing and demonstrating its strong approval
of his political views and proposals concerning limited government, lower taxes, and personal
freedom; subsidizing his political speech, with which it deeply agrees; and assisting his campaign.

27. Innis wishes to associate, to the full extent permitted by federal law, with
individuals and groups such as STOP REID that share his beliefs in limited government, lower
taxes, and personal freedom. He has accepted STOP REID’s contribution of $2,600, and wishes
to accept an additional $2,400 from STOP REID in connection with the upcoming primary
election.

28. STOP REID also wishes to contribute $5,000, immediately after the primary
election is over, to Republican candidates for the U.S. House of Representatives from Nevada.
STOP REID believes that associating itself with a candidate as early as possible in a general
election race, and to the greatest extent legally possible, can have the greatest impact on the race
by helping to define a candidate early in the voters’ minds, engendering further support from like-
minded individuals and groups that can increase exponentially as time progresses, and assisting
the candidate in propagating his views more broadly, potentially defining the issues that will

determine the course of the race.


b. received contributions from more than 50 persons; and

c. has contributed to five or more candidates for federal office.

§ 441a(a)(4).

2 USC.

14. Taking into account the FEC’s adjustments for inflation, a “multicandidate political

committee” generally may contribute:

a. $5,000 per election to any candidate for federal office, for a maximum of

$10,000 per election cycle (including the primary and general elections), see 2 U.S.C.

§ 44la(ay2)(A);

b. $5,000 per year to any other political committee, including a total of $5,000

to a state political party committee and its affiliated local political party committees, see 2

U.S.C. § 441a(a)(2)(C); and

c. $15,000 per year to any national political party committee, see 2 U.S.C.

§ 441a(a)(2)(B).

15. The following table summarizes the contribution limits that apply to political

committees that have at least 50 contributors and have contributed to five or more candidates:

party committee

Political Committee Making | Political Committee Making
Contribution Has Existed for | Contribution Has Existed for
Recipient of Contribution: Less Than Six (6) Months More Than Six (6) Months
Candidate $2,600 $5,000
State political party
committee and local party $10,000 $5,000
committee affiliates
National political $32,400 $15,000



9. The FECA allows individuals to join together to form “political committees” to
further their political goals, engage in expressive conduct, and support candidates who share their
goals and values. 2 U.S.C. § 431(4).

10. —_‘_ In general, the FECA treats a political committee as a “person.” 2 U.S.C. § 431(11).

11. The FEC announced the inflation-adjusted limits for contributions for political
committees and other related entities on February 6, 2013. See FEC, Price Index Adjustments for
Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold, 78 FED.
REG. 8,530, 8,532 (Feb.6, 2013).

12. Taking into account the FEC’s adjustments for inflation, a political committee
generally may contribute the following amounts in the current (2013-2014) election cycle:

a. $2,600 per election to any candidate for federal office, for a maximum of

$5,200 per election cycle (including the primary and general elections), see 2 U.S.C.

§ 441a(a)(1)(A);

b. a total of $10,000 per year to a state political party committee and its
affiliated local political party committees, see 2 U.S.C. § 441a(a)(1)(D); and
c. $32,400 per year to any national political party committee, see 2 U.S.C.

§ 441a(a)(1)(B), such as the Democratic National Committee, Republican National

Committee, Democratic Senatorial Campaign Committee, National Republican Senatorial

Committee, Democratic Congressional Campaign Committee, and National Republican

Congressional Committee.

13. _A political committee qualifies as a “multicandidate political committee,” and
becomes subject to different contribution limits, if it has:

a. been registered with the FEC for six or more months;


committee. 2 U.S.C. § 441a(a)(1)(B), (D). An identically situated political committee that has
received more than 50 contributions and contributed to at least five candidates, but has existed and
been registered with the FEC for more than six months, however, is designated a multicandidate
political committee, 2 U.S.C. § 441a(a)(4), and may contribute a total of only $5,000 each year to
a state political party committee and its affiliated local political party committees, as well as
$15,000 each year to a national political party committee per year, 2 U.S.C. § 441a(a)(2)(B), (C).

Federal Law Imposes Unconstitutional Discriminatory
Limits on STOP REID’s Ability to Associate With and

Demonstrate Its Support for the Candidates It Supports

20. Plaintiff STOP REID filed with the FEC the paperwork necessary to register as a
political committee on February 24, 2014, and is deemed to be registered as of that date. STOP
REID has over 150 contributors and has made contributions to five candidates for federal office,
including Plaintiff Innis (NIFC).

21. STOP REID meets all of the statutory qualifications for being recognized as a
“multicandidate political committee,” except it has existed and been registered with the FEC for
less than six months. Because STOP REID is unable to qualify as a “multicandidate political
committee,” it may contribute only $2,600 per election to each candidate, rather than $5,000.

22. STOP REID has contributed the statutory maximum of $2,600 to Plaintiff Innis,
who is running for the Republican nomination for Congress in Nevada’s fourth congressional
district.

23. | Nevada’s congressional primary election is scheduled for June 10, 2014.

24. STOP REID has more than $7,400 in available funds. It wishes to contribute an
additional $2,400 to Innis in connection with the primary election, which would bring its total

contribution to Innis in connection with the primary to $5,000.


AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Eastern District of Virginia
Alexandria Division

Stop Reckless Economic Instability Caused by
Democrats ("STOP REID"), Niger Innis, Niger Innis
for Congress, Tea Party Leadership Fund, and
___ Alexandria Republican City Committee,

Plaintiff(s)
v.

Civil Action No. Wg-C - Cony)

Federal Election Commission
Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address)
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:

Dan Backer

DB CAPITOL STRATEGIES PLLC
717 King Street, Suite 300
Alexandria, VA 22314

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date _a\n\y _

signature of Clerk or Deputy Clerk


ARCC for the year 2014 to $10,000. The Fund further wishes to immediately contribute $32,400
to the National Republican Senatorial Committee (“NRSC”).

36. Due to the discriminatory limits on contributions from multicandidate political
committees to political party committees, the Fund may not contribute as much to the ARCC and
the NRSC as a political committee that is identical to it in all material respects, but has existed and
been registered with the FEC for less than six months.

37. The Fund wishes to contribute additional funds to the ARCC and NRSC as a way
of further associating itself with those entities; expressing and demonstrating its strong approval
of their political platforms; subsidizing their political speech, with which it deeply agrees; and
assisting the campaigns in which those entities are involved.

38. Because the Fund’s contributors live throughout the country, making a contribution
through the Fund is the most practical and realistic way in which they can collectively associate

the Fund with the ARCC and NRSC and further their efforts as a group.

CAUSES OF ACTION
COUNT I

Plaintiffs STOP REID’s and Niger Innis’ Fifth Amendment
Equal Protection Challenge to 2 U.S.C. § 441a(a)(1)(A)

As Applied to Certain New Political Committees

39. Plaintiffs STOP REID and Niger Innis hereby re-allege and incorporate by
reference the allegations contained in Paragraphs 1-38.

40. Limits on contributions from political committees to candidates burden the
fundamental First Amendment rights of freedom of association and speech of such committees

and their members.

10


29. Because STOP REID’s contributors live throughout the country, and few of them
live in or near Nevada, making a contribution through STOP REID is the most practical and
realistic way in which they collectively can associate STOP REID with Innis (as well as with the
Republican candidate in the general election) and further his campaign efforts as a group.

30. If STOP REID contributes more than $2,600 to a candidate in connection with a
single election, it will face a credible threat of prosecution.

31. Innis has refrained from soliciting more than $2,600 from STOP REID in
connection with the 2014 congressional primary election, because doing so would subject him to
civil and criminal penalties under 2 U.S.C. § 437g(d).

Federal Law Imposes Unconstitutional Discriminatory
Limits on the Fund’s Ability to Associate With and

Demonstrate Its Support for Political Party Committees

32. Plaintiff Fund registered as a political committee with the FEC on May 9, 2012,
and has over 100,000 contributors. It has made, and continues to make, contributions to dozens
of federal candidates.

33. Because the Fund has existed and been registered with the FEC for more than six
months, it is registered and treated as a “multicandidate political committee.” It therefore may
contribute a total of only $5,000 per year to a state political party committee and its affiliated local
political party committees, as well as $15,000 per year to a national political party committee.

34. On April 4, 2014, the Fund contributed the statutory maximum of $5,000 to the
ARCC.

35. The Fund has more than $37,400 in available funds. It wishes to immediately

contribute an additional $5,000 to the ARCC, which would bring its total contributions to the


16. Even ifa political committee has received contributions from more than 50 persons,
and has contributed to five or more candidates for federal offices, it cannot be recognized as a
“multicandidate political committee”—and become subject to the contribution limits that apply to
multicandidate political committees—unless it has existed and been registered with the FEC for at
least six months. 2 U.S.C. § 441a(a)(4).

17. Conversely, once a political committee has received contributions from more than
50 persons, contributed to five or more candidates for federal office, and existed and been
registered with the FEC for at least six months, it must be designated a “multicandidate political
committee” and cannot avoid being subject to the contribution limits that apply to such entities.
See 11 CFR. § 110.2(a)(1).

18. Due to the discriminatory contribution limits that apply to political committees and
“multicandidate political committees,” a political committee that has received more than 50
contributions and contributed to at least five candidates, but has existed and been registered with
the FEC for Jess than six months, may contribute only $2,600 per election to each candidate (for a
maximum of $5,200 per election cycle). 2 U.S.C. § 441a(a)(1)(A). An identically situated political
committee that has received more than 50 contributions and contributed to at least five candidates,
but has existed and been registered with the FEC for more than six months, however, qualifies as
a multicandidate political committee, id. § 441a(a)(4), and may contribute $5,000 per election to
each candidate (for a maximum of $10,000 per election cycle), id. § 441a(a)(2)(A).

19. A political committee that has received more than 50 contributions and contributed
to at least five candidates, but has existed and been registered with the FEC for Jess than six
months, may contribute a total of $10,000 each year to a state political party committee and its

affiliated local political party committees, as well as $32,400 each year to a national political party


particularly penalizing the emergence of spontaneous, grassroots political expression when it is
most vital—in the days leading up to an election.

Further underscoring the arbitrary and indefensible structure of the current system is that
the ability of certain political committees to engage in other forms of political expression and
association becomes limited after they have existed for more than six months. A newly formed
political committee may, within the first six months of its existence, contribute an annual total of
$10,000 to a state political party committee and its affiliated local political party committees, as
well as $32,400 annually to a national political party committee. Once that political committee
has existed for more than six months, however, those limits are decreased to a total of $5,000 each
year to a state party committee and its local affiliates, as well as $15,000 annually to national
political party committees. This impermissibly abrogates the associational rights of both those
committees and their individual members.

This bizarre amalgamation of increasing and decreasing contribution limits based on the
duration of an entity’s existence cannot survive constitutional scrutiny.

Jurisdiction and Venue

1. This Court has subject-matter jurisdiction over this case pursuant to 28 U.S.C.
§ 1331, as it arises under the First Amendment to the U.S. Constitution and concerns the
constitutionality of various provisions of federal law.

2. Venue is proper in this Court under 28 U.S.C. § 1391(e)(1)(B)-(C), because the
defendant is an agency of the United States, a substantial part of the events and omissions giving
rise to the claim occurred in this district, and Plaintiffs Stop the Reckless Economic Instability
Caused by Democrats, Tea Party Leadership Fund, and Alexandria Republican City Committee

reside here, see id. § 1391(c)(2).


unconstitutional as applied to political committees that have received contributions from at least
50 people and contributed to at least 5 federal candidates, but have not existed and been registered
with the FEC for at least 6 months.

COUNT III
ARCC’s and the Fund’s Fifth Amendment Equal
Protection Challenge to 2 U.S.C. § 441a(a)(2)(B), (C)

52. Plaintiffs ARCC and the Fund hereby re-allege and incorporate by reference the
allegations contained in Paragraphs 1-51.

53. Limits on contributions from multicandidate political committees to candidates
burden the fundamental First Amendment rights of freedom of association and expression of such
committees and their members.

54. The FEC is subject to the Due Process Clause of the Fifth Amendment, which
contains equal protection restrictions identical to those that the Fourteenth Amendment’s Equal
Protection Clause imposes on states. See Bolling v. Sharpe, 347 U.S. 497 (1954).

55. Under federal law, materially identical groups that have received contributions
from at least 50 people and contributed to at least 5 federal candidates are unconstitutionally treated
differently, depending on whether they have existed and been registered with the FEC for at least
6 months.

56. A group that has received contributions from at least 50 people and contributed to
at least 5 federal candidates, but has not existed and been registered with the FEC for at least 6
months, is considered to be only a “political committee,” is treated as a “person” for purposes of
contribution limits, and may contribute up to a total of $10,000 annually to a state political party
committee and its affiliated local political party committees, as well as $32,400 annually to a

national political party committee. 2 U.S.C. § 441a(a)(1)(B), (D).

13


association violate the First Amendment as applied to STOP REID and similarly situated
groups; and

c. 2 U.S.C. § 44la(a)(2)(C)’s $5,000 limit on contributions from
multicandidate political committees to state political party committees and affiliated local
political party committees, as well as 2 U.S.C. § 441a(a)(2)(B)’s $15,000 limit on
contributions from multicandidate political committees to national political party
committees, violate the equal protection component of the Fifth Amendment;

2. An injunction:

a. prohibiting the FEC from enforcing 2 U.S.C. § 441a(a)(1)(A)’s $2,600 limit
on contributions from political committees to candidates against political committees such
as STOP REID that have received contributions from at least 50 people and made
contributions to at least 5 federal candidates (and requiring the FEC to instead apply 2
U.S.C. § 441a(a)(2)(A)’s $5,000 limit to such entities);

b. prohibiting the FEC from enforcing 2 U.S.C. § 441a(a)(2)(C)’s $5,000 limit
on contributions from multicandidate political committees such as the Fund to state
political party committees and their affiliated local political party committees such as the
ARCC (and requiring the FEC to instead apply 2 U.S.C. § 441(a)(1)(D)’s $10,000 limit to
such contributions); and

c. prohibiting the FEC from enforcing 2 U.S.C. § 441a(a)(2)(B)’s $15,000
limit on contributions from multicandidate political committees such as the Fund to
national political party committees (and requiring the FEC to instead apply 2 U.S.C.

§ 441(a)(1)(B)’s $32,400 limit to such contributions);

15


FILED

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

1M APR IU P 2:28

)
STOP RECKLESS ECONOMIC )
INSTABILITY CAUSED BY DEMOCRATS )
(STOP REID”), NIGER INNIS, NIGER )
INNIS FOR CONGRESS, TEA PARTY )
LEADERSHIP FUND, and ALEXANDRIA __)
REPUBLICAN CITY COMMITTEE, )
)
Plaintiffs, )
)
v. ) Civil Action No. |' 4 C ) 0397
) <|y,
FEDERAL ELECTION COMMISSION, ) (AT]
)
Defendant. )
)
COMPLAINT

The Federal Election Campaign Act (“FECA”), as amended by the Bipartisan Campaign
Reform Act (“BCRA”) allows certain political committees that have existed for more than six
months to contribute up to $5,000 per election to a candidate for federal office, for a total of up to
$10,000 per candidate each election cycle (including a primary election and general election). The
statute places newly formed political committees that have existed for less than six months at a
disadvantage, permitting them to contribute only $2,600 per election to each candidate, for a total
of $5,200 per candidate each election cycle. These discriminatory restrictions impermissibly allow
entrenched institutions and interests to engage in protected First Amendment activities to a greater
extent than newly formed grassroots organizations that have spontaneously mobilized in response
to emergent political issues and developments. They unconstitutionally allow some speakers to

exercise their speech and associational rights in the political arena to a greater extent than others,


JS44 (Rev. 12/12)

provided by local rules of court. This form, a

roved by the Judicial Conference of th¢
purpose of initiating the civil docket sheet," (SHE EXT

INSTRUCTIONS ON PAGE

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplem
init

e

rent the filing and service of pleadings or other papers as required by law, except as
(ed States in September 1974, is required for the use of the Clerk of Court for the
)F THIS FORM.)

. (a) PLAINTIFFS
Stop Reckless Economic Instability Caused by Democrats ("STOP REID"),
Niger Innis, Niger Innis for Congress, Tea Party Leadership Fund, and
Alexandria Republican City Committee

(b)

County of Residence of First Listed Plaintiff Fairfax County
(EXCEPT IN U.S, PLAINTIFF CASES)

(¢€) Attorneys (Firm Name, Address, and Telephone Number)
Michael Morley, Esq. Dan Backer, Esq.
(COOLIDGE-REAGAN FOUNDATION DB Caprrol STRATEGIES PLLC
1629 K Street, Suite 300 717 King Street, Suite 300
Washington, DC 20006 Alexandria, VA 22314
Phone: (202) 603-5397 Phone: (202) 210-5431

DEFENDANTS

NOTE:

Attomeys (If Known)

County of Residence of HisstLitEdDekdkiark> 2: 29

Federal Election Commission

(IN US. PLAINTIFF CASES ONLY)

SPARS IRENE

HURIAL V

SE THE LOCATION OF

LiCy-Ocrd 7

II. BASIS OF JURISDICTION (Place an “x” in One Box Only)

(For Diversity Cases Only)
P

111. CITIZENSHIP OF PRINCIPAL PARTIES (Piace an “x” in One Box for Plamtiff

and One Box for Defendant)
PIF DEI

C1 US. Government O13 Federal Question TF DEF F
Plaintiff (US. Government Not a Party) Citizen of This State 11 1 1 Incorporated or Principal Place o4 o4
of Business In This State
2 US. Government O14 Diversity Citizen of Another State 12 DD 2 Incorporated and Principal Place Os Os
Defendant (Indicate Citizenship of Parties in Item Il) of Business In Another State
Citizen or Subject of a O3 C3 Foreign Nation Oc O86
Foreign Country
IV. NATURE OF SUIT (Place an "x" in One Box Only)
z TORTS. FORFEITURE/PENALTY _

110 Insurance PERSONAL INJURY

PERSONAL INJURY

1625 Drug Related Seizure

[422 Appeal 28 USC 158

D) 375 False Claims Act

1120 Marine D 310 Airplane 1 365 Personal Injury - of Property 21 USC 881 ][1423 Withdrawal |) 400 State Reapportionment
130 Miller Act 1 315 Airplane Product Product Liability [1690 Other 28 USC 157 410 Antitrust
1140 Negotiable Instrument Liability C1 367 Health Care/ [CO 430 Banks and Banking
11150 Recovery of Overpayment | [] 320 Assault, Libel & Pharmaceutical = C) 450 Commerce
& Enforcement of Judgment, Slander Personal Injury Os: pyrigh (C) 460 Deportation
151 Medicare Act 1 330 Federal Employers’ Product Liability 830 Patent IE 470 Racketeer Influenced and
11152 Recovery of Defaulted Liability 11 368 Asbestos Personal 1 840 Trademark Corrupt Organizations
Student Loans 0 340 Marine Injury Product CO 480 Consumer Credit
(Excludes Veterans) 1D] 345 Marine Product Liability ‘SOCIAL SECU} 00 490 Cable/Sat TV
11153 Recovery of Overpayment Liability PERSONAL PROPERTY |[]710 Fair Labor Standards [[] 861 HIA (1395ff) DO 850 Securities/Commodities/

of Veteran’s Benefits 1 350 Motor Vehicle 1 370 Other Fraud ‘Act 2) 862 Black Lung (923) Exchange
0160 Stockholders’ Suits 1D 355 Motor Vehicle © 371 Truth in Lending —_ | [11720 Labor/Management 1D) 863 DIWC/DIWW (405(g)) |) 890 Other Statutory Actions
190 Other Contract Product Liability (] 380 Other Personal Relations 1 864 SSID Title XVI C) 891 Agricultural Acts
(2195 Contract Product Liability | (1) 360 Other Personal Property Damage (0740 Railway Labor Act | 865 RSI (405(g)) (C) 893 Environmental Matters
11196 Franchise Injur 1 385 Property Damage [1751 Family and Medical | 895 Freedom of Information

1 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice (1790 Other Labor Litigation C1 896 Arbitration,

[ccREADPROPERTY. CIVIL RIGHTS. TPRISONER PETITIONS _|[1791 Employee Retirement FEDERAL TAX TT]O 899 Administrative Procedure
17210 Land Condemnation Ba 440 Other Civil Rights ‘Habeas Corpus: Income Security Act 11870 Taxes (U:S. Plaintiff Act/Review or Appeal of

(21220 Foreclosure
(1230 Rent Lease & Ejectment
(2240 Torts to Land

O 463 Alien Detainee
1D. 510 Motions to Vacate
Sentence

0 441 Voting
O 442 Employment
CO 443 Housing/

245 Tort Product Liability Accommodations |] 530 General
121290 All Other Real Property | [] 445 Amer. w/Disabilities |] 535 Death Penalty
Employment Other:
1 446 Amer. w/Disabilities |[] 540 Mandamus & Other
Other C1 550 Civil Rights

0 448 Education [555 Prison Condition
C1 360 Civil Detainee -
Conditions of

Confinement

[1465 Naturalization Application

(1465 Other Immigration
Actions

(871 IRS—Third Party

or Defendant) Agency Decision
1 950 Constitutionality of

26 USC 7609 State Statutes

V. ORIGIN (Place an “X” in One Box Only)

& | Original LJ 2 Removed from LJ 3 Remanded from L4 Reinstated or LJ 5 Transferred from L] 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
(Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF First Amendment challenge to Fed. Election Campaign Act & Bipartisan Campaign Reform Act, 2 U.S.C. 441a(a)(1)(A), (a)(2)(B)-(C), (a)(4).
ACTION Brief description of cause:
First Amendment challenge to discriminatory contribution limits

VII. REQUESTED INO) CHECK IF THIS IS A CLASS ACTION

DEMAND

CHECK YES only if demanded in complaint:

COMPLAIN’ UNDER RULE 23, F.R.Cv.P. JURY DEMAND: OyYes E&INo
VIII. RELATED CASE(S)
IF ANY Gee instructions) JUDGE DOCKET NUMBER -
DATE SIGNATURE OF AGLORAY OF RECORD
4/14/2014 ce ty.
FOR OFFICE USE ONLY Ve
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE



41. The FEC is subject to the Due Process Clause of the Fifth Amendment, which
contains equal protection restrictions identical to those that the Fourteenth Amendment’s Equal
Protection Clause imposes on states. See Bolling v. Sharpe, 347 U.S. 497 (1954).

42. Under federal law, materially identical groups that have received contributions
from at least 50 people and contributed to at least 5 federal candidates are unconstitutionally treated
differently, depending on whether or not they have existed and been registered with the FEC for
at least 6 months.

43. A group that has received contributions from at least 50 people and contributed to
at least 5 federal candidates, but has not existed and been registered with the FEC for at least 6
months, is considered to be only a “political committee,” is treated as a “person” for purposes of
contribution limits, and may contribute no more than $2,600 per election to each candidate.
2 U.S.C. § 441a(a)(1)(A).

44. Amaterially identical group that has received contributions from at least 50 people,
contributed to at least 5 federal candidates, and has existed and been registered with the FEC for
at least 6 months is considered to be a “multicandidate political committee” and may contribute
up to $5,000 per election to each candidate. 2 U.S.C. § 441a(a)(2)(A).

45. The differing limits on materially identical committees’ contributions to candidates,
depending on whether the committee has existed and been registered with the FEC for more than
6 months, is not closely tailored to furthering an important government interest, and fails any level
of heightened constitutional scrutiny. Imposing the lower $2,600 restriction on all new political
committees is an impermissibly overbroad means of furthering any interest the Government may

assert.

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57. | Amaterially identical group that has received contributions from at least 50 people,
contributed to at least 5 federal candidates, and has existed and been registered with the FEC for
at least 6 months is considered to be a “multicandidate political committee” and may contribute a
total of only $5,000 annually to a state political party committee and its affiliated local political
party committees, as well as $15,000 annually to a national political party committee. 2 U.S.C. §
441a(a)(2)(B), (C).

58. The different limits on committees’ contributions to candidates, depending on
whether the committee has existed and been registered with the FEC for more than 6 months, is
not closely tailored to furthering an important government interest, and fails any form of
heightened scrutiny.

59. Section 441a(a)(2)(B), (C)’s annual contribution limits of $5,000 to state political
party committees and their affiliated local political party committees, and $15,000 to national
political party committees, is unconstitutional under the equal protection component of the Fifth

Amendment’s Due Process Clause.

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for the following relief:
1. A declaratory judgment pursuant to 28 U.S.C. § 2201 that:

a. 2 U.S.C. § 441a(a)(1)(A)’s $2,600 limit on contributions to candidates
violates the equal protection component of the Fifth Amendment as applied to STOP REID
and similarly situated groups;

b. 2 U.S.C. § 441a(a)(4)’s six-month waiting period on being designated a

“multicandidate political committee” and the resulting restrictions on speech and

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