Howard L. Gifford v. Robert O. Tiernan, Chairman, Federal Election Commission

Howard Gifford, proceeding in forma pauperis, challenged the constitutionality of a section of the Federal Election Campaign Act of 1971 (FECA) that defines persons subject to regulation as federal “candidates.” Appellant argued that Congress had “exceeded its authority to oversee the private citizen who receives contributions with a view to being a Federal candidate.”

The district court dismissed the claim as frivolous within the meaning of 28 U.S.C. § 1915 (d) (1976), which provides that “[t]he court ... may dismiss [cases filed in forma pauperis] if . . . satisfied that the action is frivolous or malicious.” Gifford was given leave to bring an appeal in forma pauperis.

Two issues are presented by this appeal: (1) whether the district court may dismiss a claim as frivolous within the meaning of 28 U.S.C. § 1915 (d) (1976), rather than certifying that claim to the court of appeals for expedited en banc review pursuant to 2 U.S.C. § 437h (Supp. Ill 1979) ; and (2) assuming that such a dismissal is proper, whether appellant’s claim was properly dismissed as frivolous? We hold that claims dismissed as frivolous pursuant to section 1915(d) need not be certified to the court of…