running mates of the candidates participating in the first presidential debate. Only President George W. Bush and U.S. Senator John Kerry met the CPD selection criteria for any of the presidential debates. As a result, only Vice President Dick Cheney and Senator John Edwards met the criteria for the vice presidential debate. On October 1, 2004, the Arizona Libertarian Party (AZLP) filed suit against the Commission on Presidential Debates and Arizona State University in the Superior Court of Arizona for Maricopa County regarding the staging of the third presidential debate. They contested that the debate, to be held on the grounds of and partially funded by a state university, constituted an illegal in kind campaign donation because it excluded Michael Badnarik, the Libertarian candidate. (Only Bush, Kerry, and Badnarik had ballot access in Arizona.) In the complaint the Arizona Libertarian Party alleged that ASU was "making a donation to two individual campaigns [Bush and Kerry] through the Commission on Presidential Debates as a conduit, in violation of the Arizona Constitution's prohibition on making gifts or donations to individuals or corporations." Superior Court Judge F. Pendleton Gaines III issued an order to show cause for the president of ASU and for the director of the CPD to appear in court for a hearing on October 12, a day before the scheduled debate. Gaines denied a restraining order on the grounds of laches and that there was a sufficient public purpose for the debate, but also ruled that the AZLP could continue to pursue damages for any violations to their constitutional rights. The Arizona debate nonetheless proceeded on October 13. On October 8, at the second debate at Washington University in St. Louis, Badnarik and another third-party nominee, Green candidate David Cobb, were arrested in a civil disobedience action after crossing a police line outside the debate venue to protest their exclusion from the debate. Badnarik said he was attempting to serve the order to show cause; both candidates were released after being ticketed for trespassing and refusing a reasonable order from a policeman. Presidential debates memorandum of understanding A memorandum of understanding (MOU) between the Bush 2004 campaign and the Kerry 2004 campaign, covering in minute detail all aspects of the presidential candidate debates held between the two candidates was created. It was 32 pages long and dated September 20, 2004. The Citizens' Debate Commission (CDC) and others were instrumental in