Federal Judge Rules Against Presidential Debate Commission

image
Published: 01 Feb, 2017
Updated: 21 Nov, 2022
1 min read

In a surprising decision, Judge Tanya S. Chutkan of the U.S. District Court in Washington D.C. ruled against the Federal Election Commission in the case of Level the Playing Field et al v. Federal Election Commission holding that the rules governing participation in the presidential debates were decided unfairly and arbitrarily.

Level the Playing Field (LPF), the organization that brought the suit, challenged the 501(c)(3) nonprofit status of the Commission on Presidential Debates (CPD) arguing it used unfair criteria to determine the participants of the 2016 presidential debates.

During oral arguments Lead Attorney for LPF, Alexandra Shapiro, argued the Commission on Presidential Debates (CPD) should lose its nonprofit status due to the unfair criteria used to determine eligibility in the presidential debates. The CPD, which is regulated by the Federal Election Commission, excluded non-major party candidates from participating in the debates in light of its 15 percent rule. According to the CPD, in order to participate in the presidential debates, a candidate must have "a level of support of at least 15 percent of the national electorate as determined by five selected national public opinion polling organizations..."

Judge Chutkan's ruling in favor of LPF grants their motion for summary judgement and ordered the FEC to reconsider the allegations against the CPD within 30 days. The order states:

“The FEC is ORDERED to reconsider the evidence and allegations and issue a new decision consistent with this Opinion “within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.”... The FEC is FURTHER ORDERED to reconsider the Petition for Rulemaking and issue a new decision consistent with this Opinion within sixty days.”

READ: The Opinion from the District Judge

READ: Judge Chutkan's Order

READ: Independent Voter Project's Amicus Brief

Watch: IVN’s Jeff Powers Explain Who Controls the CPD

https://www.facebook.com/IVN/videos/10153233875837465/

Image: Tstuddud

Latest articles

I voted sticker being put on someone.
Republican Joins Democrats in Maine to Give Voters More Choice
Showing an independent streak in keeping with Maine’s political tradition, Sen. Rick Bennett (R–Oxford) broke ranks with his party this week to join 91 Democrats in supporting a bill that would finally fulfill the will of Maine voters: implementing ranked choice voting (RCV) in all state general elections....
13 Jun, 2025
-
7 min read
How It Really Works Health Care Behind Bars
Health Care Behind Bars - How It Really Works
The health care crisis behind bars affects two distinct but deeply connected groups: incarcerated individuals and correctional officers. While incarcerated people are constitutionally entitled to care, access remains inconsistent, and most enter custody with significant medical and mental health needs. They face higher rates of chronic illness, infectious disease, and psychiatric conditions than the general public....
12 Jun, 2025
-
20 min read
Busy New York city at night.
As Demand for Reform in NYC Grows, Open Primaries Gains Media Attention
As the New York City Charter Revision Commission considers a wide breadth of reforms to city policy, one reform in particular is catching the attention of both voters and the media: Ending the city’s use of closed partisan primaries....
12 Jun, 2025
-
3 min read