There are two lawsuits pending aiming to expand who can be invited into the general election presidential debates. The one that was filed first is Level the Playing Field v Federal Election Commission, 1:15cv-1397. On November 9, the FEC answered the Complaint. On November 23, both sides will let the judge know their ideas for a briefing schedule.
The FEC answer characterizes the commissioners as three Republicans, two Democrats, and one Independent. Wikipedia shows three Republicans and three Democrats. The FEC web site does not identify the commissioners by party as far as I can tell. Any idea who the “Independent” is?
FEC Commissioner Steven T. Walther, a former head of the Nevada Bar Association, is technically registered “independent” but he is also considered to be aligned with the Democratic Party.
I’m not a lawyer and I didn’t read the FEC’s response with a copy of the original Complaint next to it, but it appears that the Commission is basically giving its name, rank, and serial number, and categorically denying without explanation virtually everything else that isn’t a certified part of the public record. Is that normal?
Yes, that is typical of answers to complaints. They are typically boring. But at least it shows the lawsuit is underway.