On October 4, the Independent Voters Project filed this amicus curiae brief in U.S. District Court in Washington, D.C. Among the signers are former U.S. Senator Joseph Lieberman, former U.S. Senator Bob Kerrey, and former New Jersey Governor Christy Todd Whitman. The amicus is on the side of the plaintiffs, Level the Playing Field and the Libertarian and Green Parties.

The amicus could only be filed after the judge approved its filing. The FEC refused to give permission for this amicus to be filed, so the judge was forced to settle whether it could be filed. The attorneys who wrote and filed the amicus are Chad Peace and Breton Peace of San Diego.