On September 24, COFOE (the Coalition for Free & Open Elections) and Fairvote filed a joint amicus curiae in the U.S. Court of Appeals, D.C. Circuit, in Level the Playing Field v FEC, 19-5117. This is the case on whether the FEC is failing to enforce federal campaign finance law by letting for-profit corporations make tax-exempt donations to the Commission on Presidential Debates. The case argues that these corporation contributions are illegal campaign donations to the Democratic and Republican presidential campaigns.

The amicus focuses on the point that polling is very imprecise, and the 15% poll requirement is therefore highly arbitrary. It also discusses debates in other democratic countries and documents that their national election debates include more than just two parties or candidates. And it mentions that U.S. debates for other office frequently have more than two parties or candidates.