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

[Norm Olsen]

Hello All . . .

In all decisions with regard to significant expenditures of funds, there are
opportunity costs to be considered. I see no reason why this issue shouldn't
be deferred until the December meeting and considered as part of our budget
deliberations.  In particular, I would like every member of the committee to
see and review the Affiliate Support Committee (ASC) report before
committing to fund this effort.

In my humble opinion, we would derive more benefit from spending the
proposed $5,000 a year on the needs outlined in the ASC report which is
based on Ms Kirkland's monumental effort to contact each and every (sans
one) affiliate in the very busy days just prior to a mid-term election.
Given the generous support of the deceased benefactor, the annual income
thus received could be devoted to the implementation and subsequent
continuation of the recommendations of the final ASC report.

May I suggest that the benefactor would be well pleased to know that his/her
generous donation would fund an ongoing effort which would significantly
improve the organization strength of all 50+ affiliates.  Future benefactors
could very well be moved by such a decision.

Norm
--
Norman T Olsen
Regional Representative, Region 1
Libertarian National Committee
7931 South Broadway, PMB 102
Littleton, CO  80122-2710
303-263-4995


-----Original Message-----
From: Lnc-business [mailto:lnc-business-bounces at hq.lp.org] On Behalf Of
Nicholas Sarwark
Sent: Monday, November 10, 2014 10:47 PM
To: lnc-business
Subject: [Lnc-business] Suing the FEC...again

All,

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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