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Contractors Sue Over Ban on Political Contributions

Three contractors have filed suit seeking to overturn a federal law that prohibits them from making political contributions.

They allege that a section of the 1972 Federal Election Campaign Act, which prohibits contributions by individuals holding federal contracts, violates the First Amendment and the equal protection guarantee of the Fifth Amendment.

“Many individuals who have government contracts are unaware of this provision which does not even allow someone to give $10 to a candidate or committee that has nothing to do with government contracts,” said the plaintiffs’ attorney, Alan Morrison, associate dean of the George Washington University Law School. The American Civil Liberties Union is also representing the contractors.

The attorneys pointed out that corporations holding government contracts are allowed to establish political action committees and employees of contractors may make direct contributions to candidates. Arthur Spitzer, legal director of the ACLU’s National Capital chapter, said the law “is the only campaign finance law that actually favors corporations, which cannot vote, over citizens, who can.”

Those filing suit are Wendy E. Wagner, a University of Texas law professor and a contractor for the Administrative Conference of the United States; Lawrence M.E. Brown, a human resources adviser to the U.S. Agency for International Development; and Jan W. Miller, a consultant to USAID.

Brown and Miller are retired federal employees who lost the right to make political donations when they became contractors.

The suit was filed in U.S. District Court for the District of Columbia.


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