On February 19, 2013, the U.S. Supreme Court accepted McCutcheon v Federal Election Commission, 12-536. Briefs for the Republican National Committee and Shaun McCutcheon, and all the amici curiae, were filed in the U.S. Supreme Court in May. Briefs on the government’s side, and amici curiae on the side of the government, will be filed by mid-July. See here to read the briefs filed so far.

Shaun McCutcheon is an Alabama Republican donor who wants to make the maximum contribution to many Republican candidates for Congress, and to the national Republican Committee, and the other Republican Party committees. He does not challenge the maximum donation to any particular candidate or committee, but he does challenge the limit on all federal contributions combined. That limit is $46,200 in any two-year period to all candidates combined, and $70,000 in any two-year period to all committees combined.

The Libertarian Party and the Constitution Party are among the groups filing amici on the side of McCutcheon. The two parties are among the many groups that filed a single amicus curiae brief, the one in which the first-named amicus is Downsize DC Foundation. Some observers feel this case will eventually result in a substantial revision to current federal campaign finance law. Current federal law is now characterized by an illogical patchwork that disadvantages political parties more than any other groups that spend money to influence federal elections.

On June 27, the California Secretary of State informed the U.S. Supreme Court that she intends to ask the U.S. Supreme Court to hear her appeal in Libertarian Party of Los Angeles County v Bowen. The issue is standing. The 9th Circuit had ruled that the party has standing to challenge the residency requirements for petitioners, and the Secretary of State wants the standing decision reversed. The Secretary did not actually file a cert petition; instead she asked for an extension of 30 days in which to file the cert petition, on the grounds that her attorney would have trouble filing it by the July 10 deadline. The U.S. Supreme Court routinely approves requests to extend this type of deadline. Here is the Secretary of State’s message to the U.S. Supreme Court.

Although the North Carolina legislature is controlled by Republican majorities in both houses, the two houses are feuding with each over budgetary issues. As a result, the President of the State Senate has blocked action on all bills that have been passed by the House. That includes HB 951, which eliminates the state income tax check-off for political parties, and which has already passed the House. Although it has also passed a Senate Committee, on June 27 the bill, along with all other House bills that the Senate is now considering, was sent back to the Rules Committee.

It is difficult to predict if the intra-house squabble will be resolved before the legislature adjourns.

The provision for a state income tax check-off has been very helpful to the Libertarian Party. Taxpayers have been free to choose any qualified party to assist, and the party received over $90,000 last year.