For Immediate Release Contact: Bob Biersack
August 15, 2007 George Smaragdis
Michelle Ryan
DISTRICT COURT RULES IN FAVOR OF FEC - UPHOLDS CONSTITUTIONALITY OF MILLIONAIRES’ AMENDMENT
WASHINGTON – On August 9, 2007, a three judge panel of the United States District Court for the District of Columbia granted the Federal Election Commission’s (FEC/Commission) motion for summary judgment against Jack Davis, the 2006 Democratic Party candidate for the House of Representatives in New York’s 26th District. The court concluded that the Millionaires’ Amendment “poses no threat to either the First Amendment or the Equal Protection rights of self-financed candidates.”
Self-financed candidates who spend above certain threshold amounts may trigger the Millionaire’s Amendment, which permits their opponents to receive contributions from individuals under increased limits.
In June 2006, Mr. Davis filed suit against the FEC, asking the court to declare unconstitutional the so-called “Millionaires’ Amendment” to the Bipartisan Campaign Reform Act of 2002 and to issue an injunction barring the FEC from enforcing that provision.
The Commission was represented in the litigation by FEC attorneys Colleen Sealander, Holly Baker and Claire Rajan.
The District Court decision can be found here.
The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.
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