U.S. Court of Appeals Refuses to Disturb FEC Decision that Jill Stein Must Repay $175,272 in 2016 Matching Funds

On July 21, the U.S. Court of Appeals, D.C. Circuit, issued an opinion in Stein v Federal Election Commission, 21-1213. The opinion upholds an April 2019 decision by the FEC that Stein must repay $175,272 in 2016 primary matching funds. Here is the 10-page opinion. The opiniion is by Judge Gregory G. Katsas, a Trump appointee. It is also signed by Judge Karen L. Henderson, Bush Sr. appointee; and Judge Robert L. Wilkins, an Obama appointee.

UPDATE: tp see a criticism of the ruling, go to jillstein.net.

There were two issues in the case. The first issue concerns timing. The FEC had changed the rules on when the period for raising matching funds ends. In the past it was the date of the latest party nomination process that the candidate had sought; but the new rule ends the period when the first party has made a nomination. Stein had sought both the Green Party nomination, which was settled on August 5, and the Peace & Freedom nomination, which was settled on August 14. She won the Green Party nomination but not the Peace & Freedom nomination.

There may not seem much difference between whether Stein’s period for raising donations (which the government matched) ended on August 5 or August 14, but she raised a lot of money during that 9-day period, and those donations could not be matched because of the FEC’s policy change. The Court opinion seems to hint that the judges feel the matching funds program, as applied to minor parties, is already more generous than it needs to be, and therefore the Court rejected the constitutional argument that the rule change is discriminatory.

The other issue concerned procedure, and whether Stein was clear enough in her messages to the FEC about an error that the FEC made when it calculated the repayment amount.


Comments

U.S. Court of Appeals Refuses to Disturb FEC Decision that Jill Stein Must Repay $175,272 in 2016 Matching Funds — 12 Comments

  1. What happens if she doesn’t have the money to pay? It looks like she has $60,000 in her latest committee filing.

  2. “… Moreover, Stein faced the same basic choice as do general-election candidates: (1) raise and spend all the private funds you can, or (2) accept matching funds and agree to expenditure limits…”

    This point is hard to argue with, since the expenditure limits are actually more impactful to bigger candidates.

    But hold on: Why is it 1 or 2? Why not 1 *and* 2? Just 1?

  3. Seymour Hersh via infowars? That’s appropriate, given that Seymour Hersh and Alex Jones now have the same credibility. Hersh’s article is factually wrong in a number of places. The supposed source reads like Putin/Republican propaganda.

    And, for the record, Hersh’s article does not allege that Biden ordered the bridge to be destroyed either time. It merely says the bridge was destroyed with US technology. That is likely at least partially true, but Russia is also using some US technology in some of its weapons.

  4. Same credibility as in very accurate. Alex Jones is more trustworthy than CNN and MSNBC.

  5. There aren’t many things Alex Jones is wrong about. Even the gay frogs thing ended up being correct.

  6. True, Infowars is way more accurate than the establishment fake news media. Infowars is real news.

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