UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

 

 ) 

CAMPAIGN LEGAL CENTER, ) 

 ) 

 Plaintiff, ) Civ. No. 21-1376 (JEB) 

 ) 

 v. ) 

 ) ANSWER 

FEDERAL ELECTION COMMISSION, ) 

 ) 

 Defendant. ) 

 ) 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

Defendant Federal Election Commission (“FEC” or “Commission”) submits this answer 

to the Complaint for Declaratory and Injunctive Relief of plaintiff Campaign Legal Center. Any 

allegation not specifically responded to below is DENIED. 

1. This paragraph characterizes the claims in plaintiff’s complaint, and so no 

response is required. To the extent a response is required, ADMIT that plaintiff’s complaint 

purports to assert a claim under 52 U.S.C. § 30109(a)(8)(A). 

2. This paragraph contains conclusions of law, to which no response is required. To 

the extent the paragraph relies on unspecified “public statements,” the Commission is without 

knowledge or information sufficient to admit or deny this paragraph. ADMIT that Big Tent 

Project reported making independent expenditures opposing candidate Bernie Sanders in 2020 in 

its campaign finance disclosure filings with the FEC. 

3. ADMIT that plaintiff filed an administrative complaint with the FEC on May 7, 

2020. The remainder of this paragraph describes allegations in plaintiff’s administrative 

complaint, which speaks for itself, and so no response is required. 

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4. This paragraph contains plaintiff’s characterizations of the Federal Election 

Campaign Act (“FECA”) and the statutory provisions at 52 U.S.C. § 30109(a)(8)(C), which 

speak for themselves, and so no response is required. 

5. ADMIT that more than 375 days have passed since plaintiff filed its 

administrative complaint. DENY that the FEC has acted unlawfully in its handling of the 

administrative complaint. The second sentence of this paragraph contains plaintiff’s 

characterization of its own litigation complaint, to which no response is required. To the extent 

this paragraph requests judicial relief, that relief should be denied. 

6. ADMIT. 

7. ADMIT. 

8. The Commission is without knowledge or information sufficient to admit or deny 

this paragraph. 

9. ADMIT that plaintiff has filed administrative complaints and participated in 

rulemaking and advisory opinion proceedings before the FEC. The Commission is without 

knowledge or information sufficient to admit or deny the remainder of this paragraph. 

10. The Commission is without knowledge or information sufficient to admit or deny 

this paragraph. 

11. The Commission is without knowledge or information sufficient to admit or deny 

this paragraph. 

12. The Commission is without knowledge or information sufficient to admit or deny 

this paragraph. 

13. ADMIT. 

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14. This paragraph and its accompanying footnote quote FECA, which speaks for 

itself, and so no response is required. To the extent a response is required, ADMIT that FECA 

contains the quoted text. 

15. This paragraph purports to describe the legal requirements for determining 

whether a group is a political committee based on Supreme Court judicial opinions, which are 

legal conclusions, and so no response is required. To the extent a response is required ADMIT 

that the Supreme Court adopted a “major purpose” requirement for certain organizations but 

DENY that this paragraph sets forth a complete description of that analysis. 

16. This paragraph quotes the FEC Political Committee Status Supplemental 

Explanation and Justification, 72 Fed. Reg. 5595, 5597 (Feb. 7, 2007), which speaks for itself, 

and so no response is required. To the extent a response is required, ADMIT that the quoted 

language appears in the cited Explanation and Justification, but DENY that this paragraph sets 

forth the complete analysis. 

17. This paragraph contains plaintiff’s characterizations of judicial opinions and 

advisory opinions, which speak for themselves, and so no response is required. 

18. This paragraph contains plaintiff’s characterizations of applicable law, to which 

no response is required. 

19. This paragraph and its accompanying footnote contain plaintiff’s descriptions of 

certain provisions of FECA and a Commission advisory opinion, which speak for themselves, 

and so no response is required. To the extent a response is required, ADMIT that FECA and 

FEC regulations require groups meeting the definition of “political committee” to file a 

statement of organization, file periodic reports with the FEC, and meet other organizational and 

recordkeeping requirements. 

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20. This paragraph contains plaintiff’s descriptions of certain provisions of FECA, 

which speak for themselves, and so no response is required. This paragraph also contains 

plaintiff’s characterizations of judicial opinions, which speak for themselves, and so no response 

is required. To the extent a response is required, ADMIT that the case quotations in this 

paragraph are accurate. 

21. This paragraph contains plaintiff’s descriptions of certain provisions of FECA, 

which speak for themselves, and so no response is required. To the extent a response is required, 

ADMIT that FECA and FEC regulations require persons other than political committees to file 

reports with the FEC regarding “independent expenditures” above a $250 threshold. 

22. DENY. The cited portion of 52 U.S.C. 30104(c)(1) states “[e]very person (other 

than a political committee) who makes independent expenditures in an aggregate amount or 

value in excess of $250 during a calendar year shall file a statement containing the information 

required under subsection (b)(3)(A) for all contributions received by such person.” The crossreferenced subsection states that a “report . . . shall disclose . . . the identification of each—

person (other than a political committee) who makes a contribution to the reporting committee 

during the reporting period, whose contributions have an aggregate amount or value in excess of 

$200 within the calendar year . . . or in any lesser amount if the reporting committee should so 

elect, together with the date and amount of any such contribution.” 52 U.S.C. § 30104(b)(3)(A). 

The paragraph correctly quotes 52 U.S.C. § 30104(c)(2)(C). 

23. This paragraph contains plaintiff’s descriptions of certain regulations and 

characterizations of judicial opinions, which speak for themselves, and so no response is 

required. To the extent a response is required, ADMIT that the cited regulation and judicial 

decision contain the quoted text. 

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24. This paragraph describes an FEC Press Release, which speaks for itself. To the 

extent a response is required, DENY that the press release was titled “FEC Provides Guidance 

Following U.S. Supreme Court decision,” when in fact the press release described a district court 

decision and did not include quoted “Supreme Court” reference. ADMIT that the press release 

otherwise contains the text quoted in the first quotation of this paragraph, but the second quoted 

sentence states “donors of over $200 who contribute for the purpose of furthering an independent 

expenditure.” 

25. ADMIT that Big Tent Project Fund registered as a corporation with the Delaware 

Division of Corporations on February 12, 2020, that the New Hampshire Democratic presidential 

primary occurred on February 11, 2020, and that Bernie Sanders won the most votes in that 

election. The FEC is without sufficient information to admit or deny the allegations in this 

paragraph. 

26. This paragraph contains plaintiff’s characterizations of information from a 

publicly available Internet web page and from plaintiff’s administrative complaint, which speak 

for themselves, and so no response is required. To the extent a response is required, the FEC is 

without sufficient information to admit or deny the allegations in this paragraph. 

27. This paragraph and its accompanying footnotes contain plaintiff’s 

characterizations of information from publicly available Internet web pages and from plaintiff’s 

administrative complaint, which speak for themselves, and so no response is required. To the 

extent a response is required, the FEC is without sufficient information to admit or deny the 

allegations in this paragraph. 

28. This paragraph contains plaintiff’s characterizations of information from press 

“report[s]” and from plaintiff’s administrative complaint, which speak for themselves, and so no 

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response is required. To the extent a response is required, the FEC is without sufficient 

information to admit or deny the allegations in this paragraph. 

29. This paragraph contains plaintiff’s characterizations of information from a 

publicly available Internet web page and from plaintiff’s administrative complaint, which speak 

for themselves, and so no response is required. To the extent a response is required, the FEC is 

without sufficient information to admit or deny the allegations in this paragraph. 

30. This paragraph characterizes information provided in public FEC filings, which 

speak for themselves, and so no response is required. To the extent a response is required, 

ADMIT that Big Tent Project reported making independent expenditures between February 19, 

2020 and March 2, 2030, opposing candidate Bernie Sanders, for a reported a total of 

$4,819,713.56 in independent expenditures. ADMIT that Big Tent Project’s FEC filings did not 

include the names of donors who gave for political purposes or who contributed to fund the 

group’s independent expenditures. 

31. This paragraph contains plaintiff’s characterizations of information from a news 

article and from plaintiff’s administrative complaint, which speak for themselves, and so no 

response is required. To the extent a response is required, ADMIT that Big Tent Project last 

reported an independent expenditure on March 2, 2020. The FEC is without sufficient 

information to admit or deny the remaining allegations in this paragraph. 

32. This paragraph contains plaintiff’s characterizations of information from a 

publicly available Internet web page and from plaintiff’s administrative complaint, which speak 

for themselves, and so no response is required. To the extent a response is required, ADMIT that 

Big Tent Project last reported an independent expenditure on March 2, 2020. The FEC is 

without sufficient information to admit or deny the remaining allegations in this paragraph. 

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33. This paragraph contains plaintiff’s characterizations of information from two 

news articles, a publicly available Internet web page, and from plaintiff’s administrative 

complaint, which speak for themselves, and so no response is required. To the extent a response 

is required, the FEC is without sufficient information to admit or deny the allegations in this 

paragraph. 

34. ADMIT that Big Tent Project reported more than $4.8 million in independent 

expenditures spending opposing candidate Bernie Sanders between February 19, 2020, and 

March 2, 2030. The remaining allegations of this paragraph contain plaintiff’s characterization 

of its administrative complaint and legal conclusions about Big Tent Project’s “major purpose,” 

and so no response is required. 

35. This paragraph contains plaintiff’s characterizations of information from publicly 

available news articles and from plaintiff’s administrative complaint, which speak for 

themselves, and so no response is required. To the extent a response is required, the FEC is 

without sufficient information to admit or deny the allegations in this paragraph. 

36. This paragraph contains plaintiff’s legal conclusions, to which no response is 

required. 

37. This paragraph contains plaintiff’s legal conclusions, to which no response is 

required. 

38. This paragraph contains plaintiff’s legal conclusions, to which no response is 

required. 

39. ADMIT that plaintiff filed an administrative complaint with the FEC on February 

3, 2020. The remainder of this paragraph describe allegations in plaintiff’s administrative 

complaint, which speaks for itself, and so no response is required. 

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40. This paragraph characterizes a document, which speaks for itself, and so no 

response is required. 

41. DENY that the FEC has acted unlawfully in its handling of the administrative 

complaint. 

42. This paragraph re-alleges and incorporates by reference the allegations contained 

in paragraphs 1-41 of plaintiff’s complaint, and the FEC therefore incorporates by reference its 

responses to those paragraphs. 

43. ADMIT that 52 U.S.C. § 30109(a)(8)(A) contains the quoted language. DENY 

the remaining allegations in this paragraph. 

 Plaintiff is not entitled to the relief requested in the “Requested Relief” portion of the 

complaint or to any other relief. 

Respectfully submitted, 

/s/ Jacob S. Siler 

Lisa J. Stevenson (D.C. Bar No. 457628) Jacob S. Siler (D.C. Bar No. 1003383) 

Acting General Counsel Acting Assistant General Counsel 

lstevenson@fec.gov jsiler@fec.gov 

 

Kevin Deeley Greg J. Mueller (D.C. Bar No. 462840) 

Associate General Counsel Attorney 

kdeeley@fec.gov gmueller@fec.gov 

July 26, 2021 FEDERAL ELECTION COMMISSION 

 1050 First Street NE 

 Washington, DC 20463 

 (202) 694-1650 

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