Former candidate files Federal suit on ability to donate campaign funds to Libertarian Party

WASHINGTON -- A former Libertarian hopeful is asking a Federal court for guidance regarding the transfer of unspent campaign funds to the national Libertarian Party.
Wealthy businessman Shaun McCutcheon has filed a lawsuit in a District of Columbia district court requesting such an action. The filing shows a timestamp of September 4. The premise of the lawsuit: either the court forces the Federal Election Commission (FEC) to answer his question, or the judge answers it instead.
McCutcheon wishes to transfer remaining campaign funds to the Libertarian national committee
McCutcheon, an electrical engineer and CEO of Coalmont Electrical Development Corporation, put $65,000 of his own funds in a campaign account. However, he has $50,000 that is currently unspent. He inquired of the Federal Election Commission if he can legally transfer those remaining funds to the Libertarian National Committee (LNC).
Quorum issue possibly linked to only having three commissioners
According to Richard Winger at Ballot Access News, the FEC refused to answer McCutcheon's request, citing a lack of a quorum to make a decision. According to the FEC website, there are three active commissioners out of six:
Steven T. Walther is the vice chair of the FEC, an independent appointment in 2008 by then-president George W. Bush. His term ended April 30, 2009; however, he is still serving until an appointee replaces him.
Ellen L. Weintraub is a commissioner, a Democrat appointment by Bush in 2002.

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