Countering the questionable actions of the CPD and the fec Brian C. Cole – June 28, 2017 – Thesis Defense

Acronyms/Terms used in presentation CPD – Commission on Presidential Debates FEC – Federal Elections Commission EC – Electoral College OAI – Our America Initiative LPF – Level the Playing Field LWV – League of Women Voters FECA – Federal Election Campaign Act Political Duopoly – The Democratic and Republican parties, who have worked together to keep competitors from other parties out of power for decades.

Commission on Presidential Debates The CPD took over hosting and sponsoring the Presidential Debates in 1988 after the LWV The LWV refused to participate in the debates that Nancy Neuman, leader of the LWV, said the “partisan sponsorship debates will become just another risk-free stop along the campaign trail. The only candidate to participate in the CPD debates not affiliated with the Political Duopoly is Ross Perot in 1992 Despite similar pre-debate approval ratings in 1996, the CPD excluded him from the debate. In 2000, the CPD announced all debate participants must average at least 15 percent among five major political polls for inclusion in its presidential debates.

Federal Election Commission After the financial irregularities that plagued the 1972 Presidential Election Cycle, Congress passed the FECA of 1974. To ensure the cessation further financial irregularities in presidential elections, Congress created the FEC in 1975. The FEC consists of six members – three Democrats and three Republicans. The FEC oversees the CPD, and has dismissed every claim of favoritism toward the Political Duopoly, including likely FECA violations, brought forth by third-party and no-party affiliated candidates.

Level the playing field LPF arose out of the unsuccessful Americans Elect movement in the 2012 Presidential Election Cycle, whose aim was to ensure candidates outside of the Political Duopoly were on the ballots in all 50 states. LPF has sued the FEC, LPF v. FEC, for refusing to address any complaints by third-party and non-party affiliated candidates that question the CPD’s 15-percent threshold required for CPD Presidential Debates, and ignore overwhelming requests for “rulemaking.” The FEC, which has always been “entitled to deference,” lost its case against the LPF via a verdict by Judge Tanya Chutkin, who says that the FEC has continually acted “contrary to law.” Chutkin allowed the FEC 60 days to come up with a solution that she and LPF agree are not contrary to law. So far the FEC has failed to find an answer acceptable to LPF or Chutkin.

Our America Initiative and Johnson v. CPD The OAI, formed by the Libertarian and Green Parties, following their exclusion from the 2012 CPD Presidential Debates, has challenged the CPD for violations of the Sherman Antitrust Act – Johnson, et al. v. CPD. Johnson v. CPD was dismissed in August 2016 by Judge Rosemary Collyer by precedents established by the Noerr-Pennington Doctrine. The Sherman Antitrust Act passed Congress, and was signed into law in 1890, aimed at eliminating monopolies, or creation thereof, that results in the restriction of interstate and intrastate commerce in the United States. The Noerr-Pennington Doctrine results from two Supreme Court cases (from the 1960s), which prohibits Sherman Antitrust Act challenges related to political activity. The U.S. Court of Appeals agreed to hear Johnson v. CPD in March 2017, and conducted a hearing in April 2017 to hear arguments from both sides in the matter. The Court has yet to rule in Johnson v. CPD.

Extra relevant information related to thesis The United States has plummeted in rankings of freedoms and liberties related to personal freedom, economic freedom, rule of law studies, freedom of the press, and electoral freedom. The U.S. was downgraded to a “flawed democracy” category in a 2016 EIU study. Gilens and Page conducted a study, which wrapped up in 2014, concluding the U.S. is now a (Corporatist) Oligarchy. Their conclusion is based on almost 1,800 pieces of legislation that passed Congress and were signed into law 1980-2012.