Whitmore

Whitmore v. Federal Election Commission

Good Law
68 F.3d 1212·95 Daily Journal DAR 14399·1995 WL 626303·1995 U.S. App. LEXIS 30772·95 Cal. Daily Op. Serv. 8334
United States Court of Appeals for the Ninth CircuitOctober 26, 1995No. 94-36236California1,708 words

Opinion

Lead Opinion

Kleinfeld, J.

A third party candidate and a voter sued to obtain a judicial prohibition against contributions from citizens of other states to a congressional campaign. The complaint was properly dismissed for lack of standing. The claim is frivolous as well.

I. FACTS

Plaintiff Whitmore ran for Congress on a third party ticket, the Green Party, in 1994. She submitted evidence showing that she appeared at numerous locations, got press coverage, spent $22,000 on her campaign, and won 10.2% of the vote. She says that the Republican incumbent, Don Young, and his Democratic challenger, Tony Smith, each accepted donations from non-Alaskans, but she “refused and returned all contributions that [were] made to [her] and her committee by persons who are not residents of the district.” The complaint alleges that the Federal Election Campaign Act, 2 U.S.C. *1214 § 431 et seq. (the “Act”), “authorizes a person who is not a resident of Alaska’s at-large congressional election district to make a contribution ... to a candidate seeking election as Alaska’s representative in the United States House of Representatives....” She claims that, by authorizing non-Alaskan contributions to Alaska congressional…

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