From the Latest Issue of Presidential Debate News:
Issue No. 43: FEC Must Respond By April 3 to Debate Ruling
Federal Judge Issues Order Friday, Reinforcing Earlier Decision That FEC Acted 'Arbitrarily and Capriciously and Contrary to Law'
Five days after its stunning defeat in U.S. District Court, the Federal Election Commission (FEC) asked Judge Tanya S. Chutkan to clarify and reconsider her order. Four days later the judge responded - and not in a way that would make the FEC very happy.
In her new order, the judge reminds everyone that she found the FEC had "acted arbitrarily and capriciously and contrary to law by failing to notify respondents, failing to consider evidence, failing to articulate its legal analysis, and failing to engage in reasoned decision-making with respect to its conclusion that the CPD's polling criterion was objective."
The "CPD" is the Commission on Presidential Debates, which for decades has managed to keep independents and third-party candidates out of the final general election debates, through a rule that requires average support of 15% in five polls taken in September, just a few weeks before the first debate.
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Historic Lawsuit Filed to Open Presidential Debates to Independent Candidate: Level the Playing Field, et al v. Federal Election Commission, Case 1:15-cv-00961_
Transcript from Jan. 5 hearing
Motion for Summary Judgment
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GW Battleground Poll - Americans pessimism about the current state of the country extends to the field of candidates for the 2016 presidential race
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