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On January 10, 2007, Unity '08 and individual members of its Board of Directors (the plaintiffs) filed a complaint in the U.S. District Court for the District of Columbia, challenging the FEC’s recent Advisory Opinion that concluded that the group’s proposed activities would require it to register as a political committee. The plaintiffs ask the court to rule that this conclusion was "arbitrary" and in violation of the First Amendment. The plaintiffs also seek to enjoin the FEC from enforcing the Act’s reporting provisions and contribution limitations against Unity '08.
Unity ‘08 describes itself as a political movement of voters who seek to nominate candidates for a "Unity Ticket" in the 2008 Presidential election through an online nominating convention over the Internet. Unity '08 plans to organize a group of voters to support the candidates selected in this online convention. Currently, Unity '08 maintains a web site that focuses on issue content and describes its plans to nominate candidates via the online convention and to qualify for a place on the ballot in the November 2008 general election.
In Advisory Opinion (AO) 2006-20, the Commission concluded that the ballot access expenditures and activities that Unity '08 will conduct, combined with its stated goal of nominating and electing presidential and vice-presidential candidates, would cause it to qualify as a "political committee" under the Act. As such, it would be subject to the Act’s contribution limitations and registration and reporting requirements.
The plaintiffs contend that the FEC’s conclusion in AO 2006-20 was:
As well as alleging a violation of the Administrative Procedure Act (APA), the plaintiffs also contend, among other things, that the Commission’s determination was vague and overbroad, thus violating the First Amendment.
The plaintiffs ask the court to preliminarily and permanently enjoin the FEC from enforcing its ruling in AO 2006-20. The plaintiffs also ask the court to:
Source: FEC Record -- November 2006 [PDF]; February 2007 [PDF].
