[Lnc-business] Suing the FEC...again

[Scott L.]

Mr. Chair:

 

How much is the new bequest for?

 

Which court found that the issue was moot?

 

What is your  **estimated** likelihood that the ultimate deciding court will
decide in our favor?

 

 

Given our failure to obtain the correct decision in our recent ballot access
case in Ohio, I am very skeptical that any judge hearing any  lawsuit
brought by the Libertarian Party or any of its state affiliates will decide
that case based on the facts of the case or on the law.

 

   Scott Lieberman

 

 

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In a previous LNC term, the LNC sued the Federal Elections Commission

to challenge the annual contribution limit to a political party vis a

vis a bequest that was larger than the limit.  The court found that

the issue was moot and unlikely to be repeated.

 

We have received another bequest that exceeds the annual contribution

limit, preventing the LNC from taking the entire bequest in a single

year.  This is the same factual scenario that we previously sued the

FEC under, proving them wrong about the unlikely to be repeated part.

 

Our counsel for the last suit, Alan Gura, has offered to sue regarding

this bequest.  It would be a very limited litigation, since the facts

were already hashed out in the last litigation before the D.C.

District Court.  He would plan to ask the D.C. Circuit to rule on the

previous record, perhaps with very brief supplemental briefing to

describe the current bequest.

 

Cost would be $5,000/year while the case is pending plus any actual

filing fees, etc.  I would imagine that the case would be resolved

within between 1-2 years of filing.  The amount of the bequest is

larger than the cost of the suit and if we don't sue, we would have to

space the bequest out over a term of years (and potentially do so

again the next time someone leaves the LNC money in excess of the

annual limit).

 

I intend to submit a mail ballot to authorize this lawsuit sometime

later this week, but wanted to see if there were any questions,

discussion, or concerns?

 

   Nick

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