The Commission on Presidential Debates often argues that it is not an arm of government and therefore has a right to set its own standards on who can be admitted to the general election presidential debates. However, federal law mentions the Commission on Presidential Debates and says that the CPD’s decision on whom to invite will help determine federal government policy toward particular presidential candidates.

The federal law is 3 USC 102, and includes a 2010 amendment titled the “Pre-Election Presidential Transition Act of 2010”, P.L. 111-283; 124 Stat. 3046. The federal law now reads “the Administrator shall ensure that any candidate determined to be an eligible candidate…has demonstrated a significant level of public support in national public opinion polls…and consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such office.”

The September 16 letter from the General Services Agency to Gary Johnson, denying a national security briefing to Johnson and his national security advisors, specifically says one reason he cannot have such a briefing is that the Commission on Presidential Debates has not admitted him.