UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

_________________________________________ 

) 

WAGNER, et al., ) 

) 

Plaintiffs, ) 

) Case No. 11-CV-01841-JEB 

v. ) 

) 

FEDERAL ELECTION COMMISSION, ) 

) 

Defendants. ) 

_________________________________________ ) 

MOTION OF THE CAMPAIGN LEGAL CENTER AND DEMOCRACY 21 TO 

PARTICIPATE AS AMICI CURIAE

WITH SUPPORTING MEMORANDUM OF LAW

The Campaign Legal Center (the “CLC”) and Democracy 21 respectfully move 

this Court for leave to participate in this case as amici curiae in support of Defendant 

Federal Election Commission (the “FEC”) in the above-captioned matter and to file the 

attached Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment. 

Counsel for Plaintiffs and Defendant do not object to this motion; Plaintiffs, however, 

consent on the condition that they be granted the opportunity to respond to amici’s 

memorandum. The CLC and Democracy 21 submit this motion without request for oral 

argument. 

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

1. Plaintiffs request that this Court declare unconstitutional 2 U.S.C. § 441c, the 

federal restriction on contributions from federal contractors and prospective contractors, as 

applied to plaintiffs, three individuals with personal services contracts with the federal 

Case 1:11-cv-01841-JEB Document 35 Filed 08/22/12 Page 1 of 5
government. Plaintiffs also request a permanent injunction barring the FEC from enforcing § 

441c against plaintiffs. 

2. The CLC is a nonpartisan, nonprofit organization that works in the area of 

campaign finance law, and participates in state and federal court litigation throughout the 

nation regarding contribution limits, disclosure, political advertising, enforcement issues, 

and other campaign finance matters. It also participates in rulemaking and advisory 

opinion proceedings at the FEC to ensure that the agency is properly enforcing federal 

election laws and files complaints with the FEC requesting that enforcement actions be 

taken against individuals or organizations that violate the law. 

3. Democracy 21 is a nonprofit, nonpartisan organization dedicated to 

making democracy work for all Americans through support of campaign finance and other 

political reforms. To accomplish these goals, it conducts public education efforts, 

participates in litigation involving the constitutionality and interpretation of campaign finance 

laws, and engages in efforts to help ensure that campaign finance laws are properly enforced 

and implemented. It also participates in rulemakings and advisory opinion proceedings, 

and other administrative matters, at the FEC. 

4. The amici have substantial experience and expertise with regard to the 

issues raised in this case. 

5. The CLC and Democracy 21 have provided legal counsel to parties and 

amici in numerous campaign finance cases at the federal and state court levels, including 

representing intervening defendants in McConnell v. FEC, 540 U.S. 93 (2003). More 

recently, the CLC and Democracy 21 have participated as amici curiae in a number of 

Supreme Court cases, including American Tradition Partnership v. Bullock, No. 11–

1179, 567 U.S. ____ (2012), Citizens United v. FEC, 130 S. Ct. 876 (2010) and 

Case 1:11-cv-01841-JEB Document 35 Filed 08/22/12 Page 2 of 5
Wisconsin Right to Life v. FEC, 127 S. Ct. 2652 (2007). The CLC and Democracy 21 are 

also participating as amici in a number of ongoing cases concerning contribution 

restrictions including McCutcheon v. FEC, No. 12-cv-01034-JEB-JRB-RLW (D.D.C 

filed June 22, 2012) (constitutionality of federal aggregate contribution limits) and U.S. v. 

Danielczyk, 683 F.3d 611 (4th Cir. 2012) (constitutionality of federal corporate 

contribution restriction). 

6. The CLC and Democracy 21 wish to participate in this matter by filing the 

attached memorandum. Amici believe that this brief will assist the Court’s understanding 

of the statutes, FEC regulations and case law relating to the aggregate contribution limits. 

This filing is timely because this motion and the attached memorandum are being filed within 

one week of the date that defendant FEC’s summary judgment brief was due. 

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

parties on this motion. Counsel for Plaintiffs Wagner, et al. (Alan Morrison) and counsel 

for Defendant FEC (David Kolker) consented to the amici participation of the CLC and 

Democracy 21 in this case. Mr. Morrison, however, stated that plaintiffs would consent 

to amici’s participation only on the condition that plaintiffs receive the opportunity to 

respond to amici’s memorandum by August 31, 2012. 

WHEREFORE, premises considered, the CLC and Democracy 21 respectfully 

pray that this Court will grant this motion and permit their participation in this case as 

amici curiae. A proposed Order is attached. 

 

Case 1:11-cv-01841-JEB Document 35 Filed 08/22/12 Page 3 of 5
Respectfully submitted, 

/s/ J. Gerald Hebert

J. GERALD HEBERT 

(D.C. Bar No. 447676) 

Tara Malloy 

(D.C. Bar No. 988280) 

Paul S. Ryan 

(D.C. Bar No. 502514) 

THE CAMPAIGN LEGAL 

CENTER 

215 E Street, NE 

Washington, DC 20002 

(202) 736-2200 

Fred Wertheimer 

(D.C. Bar No. 154211) 

DEMOCRACY 21 

2000 Massachusetts Avenue, NW 

Washington, DC 20036 

(202) 429-2008 

Donald J. Simon 

(D.C. Bar No. 256388) 

SONOSKY, CHAMBERS, 

SACHSE, ENDRESON 

& PERRY, LLP 

1425 K Street, NW 

Suite 600 

Washington, DC 20005 

(202) 682-0240 

Counsel for Amici Curiae 

Dated: August 22, 2012 

Case 1:11-cv-01841-JEB Document 35 Filed 08/22/12 Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that the foregoing motion with supporting memorandum of law 

and proposed order have been filed by emailing them to dcd_cmecf@dcd.uscourts.gov 

(as documents exempt from the CM/ECF system) on this 22th day of August 2012. In 

addition, the following counsel have been served with copies of the foregoing motion for 

leave to participate as amici curiae with supporting memorandum and proposed order via 

email (where email addresses are available and known): 

Attorneys Representing Plaintiffs: 

Alan B. Morrison, 

 abmorrison@law.gwu.edu 

George Washington Law School 

2000 H Street, NW 

Washington D.C. 20052 

(202) 994-7120 

Arthur B. Spitzer, 

 artspitzer@gmail.com 

American Civil Liberties Union of the 

National Capital Area 

1400 20th Street, NW 

Suite 119 

Washington, DC 20036 

(202) 457-0800 x.113 

Attorneys Representing Defendants: 

Anthony Herman, 

 aherman@fec.gov 

David Brett Kolker, 

 dkolker@fec.gov 

Seth E. Nesin, 

 snesin@fec.gov 

Harry Jacobs Summers, 

 hsummers@fec.gov 

Holly Jean Baker, 

 hbaker@fec.gov 

FEDERAL ELECTION COMMISSION 

999 E Street, NW 

Washington, DC 20463 

(202) 694-1650 

/s/ J. Gerald Hebert 

J. Gerald Hebert 

Case 1:11-cv-01841-JEB Document 35 Filed 08/22/12 Page 5 of 5