Gifford

This case, which is before the court on plaintiffs motion to proceed in forma pauperis, raises an interesting question of first impression concerning the proper scope of the unique judicial review procedure provided in 2 U.S.C. § 437h for the consideration of constitutional attacks to the Federal Election Campaign Act.

In a May 10, 1978 Memorandum, this court granted plaintiff leave to proceed in forma pauperis and thereafter dismissed his complaint as frivolous. On May 15, 1978, plaintiff filed a new motion to proceed in forma pauperis, together with a new complaint. Plaintiffs new complaint, although in many respects materially different than the prior complaint, is sufficiently related to it that this court, in the interests of clarity and simplicity, will consider this new complaint as an amended complaint.

The current complaint centers around the same two provisions of the Federal Election Campaign Act involved in this court’s prior ruling. Specifically, these two provisions are 2 U.S.C. §§ 437h, 431(b). Section 431(b) provides:

Plaintiff contends that § 431(b)(2) is unconstitutional. Essentially plaintiff’s argument proceeds as follows. In its prior opinion, this…