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

Sam Goldstein goldsteinatlarge at gmail.com
Tue Nov 11 11:54:47 EST 2014


Do we need this money in a lump sum now or can we just treat the future
annual contributions from the bequest as an annuity?   In the prior case
did the bequest earn interest while we were waiting for it and did we
receive the interest?

Sam

On Tue, Nov 11, 2014 at 2:34 AM, Nicholas Sarwark <chair at lp.org> wrote:

> On Mon, Nov 10, 2014 at 11:16 PM, Scott L. <scott73 at earthlink.net> wrote:
> >
> >
> > Mr. Chair:
> >
> >
> >
> > How much is the new bequest for?
> >
> At least $50K, but probably closer to $250K.  The exact amount depends
> on the sale of assets from the estate and some other things.
>
> >
> >
> > Which court found that the issue was moot?
> >
>
> D.C. District court heard the evidence, D.C. Circuit found that the
> certified question was moot, as I understand it.
>
> >
> >
> > What is your  **estimated** likelihood that the ultimate deciding court
> will
> > decide in our favor?
> >
>
> Pretty good.  The Federal courts are leaning toward knocking down
> contribution limits, see, e.g., McCutcheon (
>
> http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/
> ) that invalidated the aggregate limit for an individual to multiple
> committees.
>
> Alan Gura, who you may also know argued and won D.C. v. Heller (
> http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller ), wants
> to bring this follow-up suit because we have a good chance to fix the
> law in this area.  There is also little downside, since the worst
> outcome is that the current annual limits are upheld with regard to
> bequests, which is where we are now.
> >
> >
> > 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.
> >
> >
> As mentioned above, campaign finance law has been moving in our
> direction in a way that ballot access law has not.
>
> -Nick
>
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>
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