Monday, December 30, 2019

DC Circuit Court Sets Oral Argument in Presidential Debates Case


Thanks to Richard Winger of Ballot Access news for this post.

The U.S. Court of Appeals, D.C. Circuit, will hear Level the Playing Field v Federal Election Commission, 19-5117, on Monday, February 24th, 2020.

The Plantiffs include: LEVEL THE PLAYING FIELD, PETER ACKERMAN, GREEN PARTY OF THE UNITED STATES, and LIBERTARIAN NATIONAL COMMITTEE, INC.

This is the Case over Presidential General Election Debates, and whether the FEC has Failed to Enforce Federal Campaign Finance Laws against the Commission on Presidential Debates (CPD).

Federal Law Forbids Corporations from making Donations to Federal Candidates, and the Plaintiffs argue that the Commission, which Receives most of its Funding from Corporations, is in Violation of this Law because in essence, the Commission is Contributing to the Campaigns of the Democratic and Republican Presidential Nominees, with In-kind Contributions, against All other Presidential Candidates.

The CPD is a Debate-Staging Organization that has used Corporate Funding to Stage every General Election Presidential Debate since 1988. It was Created after the 1984 Election, when the Republican and Democratic Parties decided to take over the Presidential Debates because of their Dissatisfaction with the Nonpartisan League of Women Voters, which had Sponsored earlier General Election Debates. In 1985, the Parties’ Chairmen, Frank Fahrenkopf (R) and Paul Kirk (D), entered an Agreement on Presidential Candidate Joint Appearances providing that all Nationally Televised Joint Appearances by the Presidential Nominees of Both Parties would be Jointly Sponsored and Conducted by the Republican and Democrat Convention selected Candidates.

Since the beginning of the CPD, Businessman Ross Perot and his Running Mate, James Stockdale, have been the Only Third-Party or Independent Candidates to Participate in a Presidential or Vice Presidential General Election Debate.

In 2020, the CPD Debates are:

First Presidential Debate - September 29th, 2020, in South Bend, Indiana

Vice Presidential Debate - October 7th, 2020, in Salt Lake City, Utah

Second Presidential Debate - October 15th, 2020, in Ann Arbor, Michigan

Third Presidential Debate - October 22th, 2020, Nashville, Tennessee

2020 NONPARTISAN SELECTION CRITERIA

The CPD’s Nonpartisan Criteria for Selecting Candidates to Participate in the 2020 General Election Presidential Debates are:

1. EVIDENCE OF CONSTITUTIONAL ELIGIBILITY - The CPD’s First Criterion requires Satisfaction of the Eligibility Requirements of Article II, Section 1 of the Constitution. The Requirements are satisfied if the Candidate:

a. is at least 35 years of age;

b. is a Natural Born Citizen of the United States and a resident of the United States for fourteen years; and

c. is otherwise eligible under the Constitution.

2. EVIDENCE OF BALLOT ACCESS - The CPD’s Second Criterion requires that the Candidate Qualify to have his/her Name appear on enough State Ballots to have at least a Mathematical Chance of Securing an Electoral College Majority in the 2020 General Election. Under the Constitution, the Candidate who receives a Majority of Votes in the Electoral College, at least 270 Votes, is Elected President Regardless of the Popular Vote.

3. INDICATORS OF ELECTORAL SUPPORT - The CPD’s Third Criterion requires that the Candidate have a Level of Support of at least 15% of the National Electorate as determined by Five National Public Opinion Polling Organizations selected by CPD, using the Average of those Organizations’ most Recent Publicly-Reported Results at the time of the Determination. CPD will rely on the Advice of a Recognized Expert or Experts in Public Opinion Polling in determining the Polls it will rely upon. The Polls to be relied upon will be Selected based on the Quality of the Methodology Employed, the Reputation of the Polling Organizations and the Frequency of the Polling Conducted. CPD will Identify the Selected Polling Organizations well in Advance of the time the Criteria are applied.










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