On October 18, Gary Johnson and his campaign sued the Commission on Presidential Debates, charging that he is being illegally kept out of the CPD debates because he meets the requirements. The Commission on Presidential Debates has kept Johnson out of the debates because the Commission does not believe that Gary Johnson meets the 15% poll rule. However, the rule does not say that the poll must include any particular set of candidates.
The Johnson campaign, during late September and early October, commissioned five national polls in which respondents were asked if they prefer President Obama or Gary Johnson. In all five polls, Gary Johnson easily exceeded 15%. The specific results were: (1) Gravis Marketing, Obama 45%, Johnson 34%, other responses 21%; (2) NSON, Obama 54%, Johnson 23%, other responses 23%; (3) Research Now, Obama 52%, Johnson 26%, other responses 22%; (4) Toluna, Obama 54%, Johnson 46%; (5) uSamp, Obama 63%, Johnson 37%.
The CPD rules just say that the candidate must be at or above 15%, when five different national polls are averaged together. Under the literal language of the CPD rules, Johnson qualifies. The case is Johnson v Commission on Presidential Debates, U.S. District Court, 1:12-cv-1711. Here is the Complaint. Thanks to UncoveredPolitics for the link.
What polling organization did he commission to conduct the debates? The relevant criteria requires a showing of 15% support “as determined by five selected national public opinion polling organizations.” What does the word “selected” mean in that sentence? Did they have a list of approved polling organizations?
Regardless, that certainly is a brilliant idea.
Excellent idea. Breach of contract with diversity jurisdiction and venue in DDC.
This idea has been floating around for several months, its surprising that the suit was filed this late.
#1, no, the CPD has no list of approved polling organizations.
In 2006, the Reform Party candidate for Governor of Florida, Max Linn, won a federal lawsuit somewhat like this one. The rules said candidates could only be invited if there was a poll showing them at 7%. Max Linn, a millionaire, paid for his own poll and it showed him above 7%. The sponsoring TV station rejected him but the rules didn’t say the poll couldn’t be a poll that the candidate had paid for himself. So the federal court ruled on the day of the debate that Linn had to be included, and he was included, with only a few hours notice. Essentially the debate sponsors just had to add another chair to the stage.
Johnson’s campaign is brilliant. I am surprised Nader never picked up on this idea.
I sincerely hope Johnson succeeds in punking the unfair CPD and bringing about change in future debates.
Very interesting legal theory being used here. Although, I doubt that it will result in him being included in these presidential debates.
3 – I’m sure part of it was the fact that the last poll wasn’t completed until early October, but it seems the suit could have been filed say 2 weeks ago.
Brilliant idea. I think other third parties should do this in the future…