The 15% rule..
Multiple lawsuits have been filed by third-party candidates challenging the CPD's policy of requiring a candidate to have 15% support in national polls to be included in presidential debates. While the lawsuits have challenged the requirement on a number of grounds, including claims that it violates (FEC) rules and that it violates anti-trust laws, none of the lawsuits has been successful.
During the 2000 election, Green Party candidate
Ralph Nader filed a complaint with the FEC, on the basis that corporate contributions to the CPD violate the
Federal Election Campaign Act. The FEC ruled that the CPD's funding sources did not violate the Federal Election Campaign Act and, in 2005, the
D.C. Circuit Court declined to overrule the FEC.
In 2012, Libertarian presidential candidate
Gary Johnson filed an anti-trust lawsuit against the CPD, the Republican National Committee and the Democratic National Committee in D.C. Circuit Court citing the
Sherman Act and claiming "restraint of trade" for denying competition to, for example, potentially receive the $400,000 annual presidential salary. The case was dismissed in 2014 due to lack of jurisdiction.
In September of 2015, the Libertarian and Green parties – along with Johnson and
Jill Stein – filed another lawsuit against the CPD, the Democratic National Committee, the Republican National Committee,
Barack Obama, and
Mitt Romney, charging violation of federal anti-trust laws. The case was dismissed in August 2016.
On October 5, 2016 a federal court judge agreed to hear oral arguments in a separate lawsuit.
The suit challenges the CPD's nonprofit status on the grounds that it is funded by corporate money and favors the two major parties.The
Internal Revenue Service allows
501(c)(3) organizations to engage in "voter education activities (including presenting public forums [...]) conducted in a non-partisan manner," provided the activities specifically do not "[favor] a candidate or group of candidates."