Case 1:22-cv-02139-TJK Document 21 Filed 07/31/23 Page 1 of 16 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

AB PAC, ) 

) 

Plaintiff, ) Civ. No. 22-2139 (TJK) 

) 

v. ) 

) ANSWER 

FEDERAL ELECTION COMMISSION, ) 

) 

Defendant. ) 

) 

FEDERAL ELECTION COMMISSION’S 

ANSWER TO PLAINTIFF’S AMENDED COMPLAINT 

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

to plaintiff AB PAC’s Amended Complaint for Declaratory and Injunctive Relief (“Amended 

Complaint” (Docket No. 14)) filed on October 14, 2022. On July 17, 2023, the Court dismissed 

the Amended Complaint “to the extent that it seeks any relief relating to Defendant’s failure to 

act on Plaintiff’s excessive-contributions claim set forth in its administrative complaint.” (Mem. 

Op. & Order at 11 (Docket No. 20).)1 Because the excessive-contributions claim is no longer a 

part of this case, the Commission does not respond to plaintiff’s allegations alleged solely in 

support of that dismissed claim, as referenced further below. Any allegation not specifically 

responded to below is DENIED. 

The Commission responds as follows to the paragraphs of the Amended Complaint: 

1 The Commission herein adopts by reference the Court’s definition of plaintiff’s 

“excessive-contributions claim” and “disclosure claim.” (Mem. Op. & Order at 2.) 

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“INTRODUCTION” 

1. This paragraph summarizes an administrative complaint plaintiff allegedly filed, 

the allegations of which speak for themselves, and requires no response. Some of the allegations 

in this paragraph relate to plaintiff’s excessive-contributions claim, which has been dismissed 

(Mem. Op. & Order at 11), and thus require no response. 

2. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

factual allegations in this paragraph. 

3. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

factual allegations in this paragraph. 

4. DENY that the FEC has unreasonably delayed in its handling of plaintiff’s alleged 

administrative complaint. The Commission is without knowledge or information sufficient to 

admit or deny the level of plaintiff’s knowledge. 

5. ADMIT that: (a) within 15 days after becoming a candidate, each candidate for 

the office of President must designate a political committee to serve as the candidate’s principal 

campaign committee, 52 U.S.C. § 30102(e)(1); (b) within 10 days after such designation, that 

principal campaign committee must file a statement of organization setting forth certain 

information, id. § 30103(a)-(b); and (c) the treasurer of this principal campaign committee is 

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required to file reports of receipts and disbursements with the FEC according to the schedules 

prescribed in FECA, id. § 30104(a)-(b). Plaintiff’s characterizations and legal conclusions 

require no response. The Commission is without knowledge or information sufficient to admit 

or deny the remaining factual allegations in this paragraph. 

6. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. DENY that: 

(a) the FEC has unreasonably delayed in its handling of plaintiff’s alleged administrative 

complaint; and (b) any of the requested relief or any other relief should be granted to the 

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

remaining factual allegations in this paragraph. 

7. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. The Commission ADMITS that plaintiff seeks the relief described in this paragraph, 

but DENIES that any of the requested relief or any other relief should be granted to plaintiff. 

8. This paragraph summarizes plaintiff’s Amended Complaint and alleged 

administrative complaint, the allegations of which speak for themselves, and requires no 

response. Some of the allegations in this paragraph relate to plaintiff’s excessive-contributions 

claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no response. To 

the extent a response to this paragraph is required, the Commission: (a) ADMITS that this case is 

an action under 52 U.S.C. § 30109(a)(8)(A); (b) DENIES that the FEC has unreasonably delayed 

in its handling of plaintiff’s alleged administrative complaint; (c) ADMITS that plaintiff seeks 

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the relief described in this paragraph; and (d) DENIES that any of the requested relief or any 

other relief should be granted to plaintiff. 

9. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves, and requires no response. Some of the allegations in 

this paragraph relate to plaintiff’s excessive-contributions claim, which has been dismissed 

(Mem. Op. & Order at 11), and thus require no response. Plaintiff’s legal conclusions require no 

response. The Commission is without knowledge of information sufficient to admit or deny the 

remaining factual allegations in this paragraph. 

10. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves, and requires no response. Some of the allegations in 

this paragraph relate to plaintiff’s excessive-contributions claim, which has been dismissed 

(Mem. Op. & Order at 11), and thus require no response. 

11. This paragraph contains plaintiff’s description 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 permits an administrative complainant to file a petition in the U.S. District 

Court for the District of Columbia upon “a failure of the Commission to act on such complaint 

during the 120-day period beginning on the date the complaint is filed.” 52 U.S.C. 

§ 30109(a)(8)(A). 

12. DENY that the FEC has unreasonably delayed in its handling of plaintiff’s alleged 

administrative complaint. DENY the remainder of this paragraph. 

13. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. DENY that the 

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FEC has unreasonably delayed in its handling of plaintiff’s alleged administrative complaint. 

The Commission is without knowledge or information sufficient to admit or deny the remaining 

factual allegations in this paragraph. 

14. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. DENY that the 

FEC has unreasonably delayed in its handling of plaintiff’s alleged administrative complaint. 

The Commission ADMITS that plaintiff seeks the relief described in this paragraph, but 

DENIES that any of the requested relief or any other relief should be granted to plaintiff. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

factual allegations in this paragraph. 

“JURISDICTION AND VENUE” 

15. ADMIT that FECA’s judicial review provision, 52 U.S.C. § 30109(a)(8), provides 

statutory jurisdiction; that 28 U.S.C. § 1331 provides federal question jurisdiction in the district 

court; and that the Court has personal jurisdiction over the Commission. Some of the allegations 

in this paragraph relate to plaintiff’s excessive-contributions claim, which has been dismissed 

(Mem. Op. & Order at 11), and thus require no response. DENY the remainder of this 

paragraph. 

16. ADMIT that 52 U.S.C. § 30109(a)(8) provides for venue in the U.S. District 

Court for the District of Columbia. 

“THE PARTIES” 

17. ADMIT that plaintiff AB PAC is registered with the FEC as a multicandidate 

hybrid political action committee. The remainder of the paragraph contains plaintiff’s 

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characterizations and legal conclusions which require no response. To the extent a response is 

required, ADMIT that a “hybrid PAC” is a committee that accepts funds and makes 

contributions to candidates subject to FECA’s amount and source limitations but that also 

maintains a separate bank account to deposit and spend unlimited funds on independent 

expenditures and from sources such as labor unions or corporations that would otherwise be 

barred from being contributed to candidates. See Carey v. FEC, 791 F. Supp. 2d 121, 131-32 

(D.D.C. 2011). 

18. ADMIT that, during 2019-2020, AB PAC reported to the FEC that it made 

approximately $51 million dollars in independent expenditures opposing Presidential candidate 

Donald Trump and $40,000 supporting Presidential candidate Joseph Biden. The Commission is 

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

paragraph. 

19. ADMIT that registered voters (and others) may legally review information that is 

publicly reported pursuant to FECA’s disclosure requirements. The Commission is without 

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

20. ADMIT that AB PAC is regulated by the Commission under FECA and 

Commission regulations. The Commission is without knowledge or information sufficient to 

admit or deny the remaining allegations in this paragraph. 

21. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations require no response. The Commission is without 

knowledge or information sufficient to admit or deny any remaining allegations in this 

paragraph. 

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22. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. The 

Commission is without knowledge or information sufficient to admit or deny any remaining 

allegations in this paragraph. 

23. ADMIT that the Commission is the independent agency of the United States 

government with statutory authority over the administration, interpretation, and civil 

enforcement of FECA, 52 U.S.C. §§ 30101-30146. See id. §§ 30106(b)(1), 30107(a)(7)-(8), 

30109, 30111(a)(8). 

“FACTUAL BACKGROUND” 

24. The second sentence of this paragraph purports to characterize a news article 

relied on in the cited source (Lexi Lonas, Trump Says He’s Made Decision on 2024, THE HILL 

(Jul. 1, 2021, 11 :36 AM), https://thehill.com/homenews/campaign/561117-trump-says-hesmade-decision-on-2024 (last visited July 28, 2023)), which speaks for itself and is the best 

evidence of its contents, therefore no response is required. To the extent a response is required, 

the Commission is without knowledge or information sufficient to admit or deny the factual 

allegations in this paragraph. 

25. This paragraph purports to characterize a news article (Greg Evans, Trump Claims 

He Is “Not Allowed to Say” if He Will Be Running for President in 2024, INDY100 

(Aug. 18, 2021), https://www.indylOO.com/news/trump-president-2024-interview-hannityb1904465 (last visited July 28, 2023)), which speaks for itself and and is the best evidence of its 

contents, therefore no response is required. To the extent a response is required, the 

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Commission is without knowledge or information sufficient to admit or deny the factual 

allegations in this paragraph. 

26. This paragraph purports to quote a video, C-SPAN, Former President Trump 

Visits New York City on September 11 (Sept. 11, 2021), https://www.cspan.org/video/?c4976508/president-trump-visits-york-city-september-11 (last visited July 29, 

2023), which speaks for itself and is the best evidence of its contents, therefore no response is 

required. To the extent a response is required, the Commission is without knowledge or 

information sufficient to admit or deny the factual allegations in this paragraph. 

27. This paragraph purports to characterize a news article (Cheryl Teh, Trump Drops 

the-Biggest Hint Yet That He'll Be Running in 2024, Calling Himself the ‘45th and 47th 

President’ in a Video, BUSINESS INSIDER (Jan. 26, 2022, 10:00 PM), 

https://www.businessinsider.com/trump-drops-hint-about-2024-run-calling-himself-47thpresident-2022-1 (last visited July 28, 2023)), which speaks for itself and is the best evidence of 

its contents, no response is therefore required. To the extent a response is required, the 

Commission is without knowledge or information sufficient to admit or deny the factual 

allegations in this paragraph. 

28. This paragraph purports to characterize a news article (Kadia Goba, CPAC 

Republicans Are All In-For Trump After He Hinted at Running in 2024, BUZZFEED NEWS 

(Feb. 27, 2022, 5:53 PM; updated Feb. 28, 2022, 7:58 AM), 

https://www.buzzfeednews.com/article/kadiagoba/cpac-trump-2024-desantis-presidentialelection (last visited July 28, 2023)), which speaks for itself, therefore no response is required. 

To the extent a response is required, the Commission is without knowledge or information 

sufficient to admit or deny the factual allegations in this paragraph. 

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29. This paragraph purports to characterize a news article (Olivia Nuzzi, Donald 

Trump on 2024: ‘I’ve Already Made that Decision,’ N.Y. MAG. (July 14, 2022), 

https://nymag.com/intelligencer/article/donald-trump-2024-decision.html (last visited July 28, 

2023)), which speaks for itself and is the best evidence of its contents, therefore no response is 

required. To the extent a response is required, the Commission is without knowledge or 

information sufficient to admit or deny the factual allegations in this paragraph. 

30. This paragraph purports to characterize a series of news articles in the underlying 

source, which speak for themselves and are the best evidence of their contents, therefore no 

response is required. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. To the extent a 

response is required, ADMIT that Save America is registered with the Commission as a 

multicandidate leadership political action committee, with former President Donald Trump as its 

sponsor. The paragraph’s citations to the news article for characterizations of Save America’s 

FEC disclosure reports are too vague and imprecise for a response. The Commission is without 

knowledge or information sufficient to admit or deny the remaining factual allegations in this 

paragraph. 

31. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. This paragraph 

characterizes the cited news article, Alex Isenstadt, Trump discussing 2024 plans at secret donor 

dinners, POLITICO (July 13, 2022 4:52 PM), https://www.politico.com/news/2022/07/13/trump2024-secret-donor-dinners-00045665 (last visited July 29, 2023), which speaks for itself and is 

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the best evidence of its contents, therefore no response is required. To the extent a response is 

required, the Commission is without knowledge or information sufficient to admit or deny the 

factual allegations in this paragraph. 

32. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. The 

Commission is without knowledge or information sufficient to admit or deny the remaining 

factual allegations in this paragraph. 

33. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. This paragraph characterizes a news article relied on in the cited source, which speaks 

for itself and is the best evidence of its contents, therefore no response is required. Plaintiff’s 

characterizations and legal conclusions require no response. The cited source’s citations’ 

reliance on a news article for characterizations of FEC disclosure reports are too vague and 

imprecise for a response. The Commission is without knowledge or information sufficient to 

admit or deny the remaining factual allegations in this paragraph. 

34. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s characterizations and legal conclusions require no response. The paragraph 

cites a news article (Zach Everson, Trump Super PAC Charges $100,000 For Candlelight 

Dinner With Former President At His Club, Forbes (Aug. 23, 2022), 

https://www.forbes.com/sites/zacheverson/2022/08/23/trump-super-pac-charges-100000-

forcandlelight-dinner-with-former-president-at-his-club/?sh=35add488737f (last visited 

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July 29, 2023)), which speaks for itself and is the best evidence of its contents, no response is 

therefore required. DENY that former President Trump has not filed a statement of candidacy 

with the Commission at this juncture. The Commission is without knowledge or information 

sufficient to admit or deny the remaining factual allegations in this paragraph. 

35. DENIED. 

“LEGAL BACKGROUND” 

36. This paragraph quotes part of 52 U.S.C. § 30101(2), which speaks for itself, 

contains legal conclusions, and requires no response. To the extent a response is required, 

DENY that id. § 30101(2) is quoted entirely accurately. 

37. This paragraph quotes portions of the statutory provision defining “expenditure,” 

which speaks for itself, contains legal conclusions, and so no response is required. To the extent 

a response is required, ADMIT that the quoted language in this paragraph appears in the 

statutory definition of the term “expenditure,” but DENY that the paragraph sets forth the 

complete statutory definition of that term. The remaining allegations in this paragraph 

characterize the contents of an FEC regulation, which speaks for itself and is the best evidence of 

its contents, therefore no response is required. 

38-39. The allegations in these paragraphs characterize the contents of FEC regulations 

and advisory opinions, which speak for themselves and are the best evidence of their contents, as 

well as plaintiff’s legal conclusions, therefore no response is required. 

40-42. The allegations in these paragraphs contain legal conclusions and characterize the 

contents of provisions of FECA and FEC regulations, which speak for themselves and are the 

best evidence of their contents, therefore no response is required. To the extent that a response is 

required, ADMIT that: (a) within 15 days after becoming a candidate, each candidate for the 

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office of President must designate a political committee to serve as the candidate’s principal 

campaign committee, 52 U.S.C. § 30102(e)(1), 11 C.F.R. §§ 101.1(a), 102.12(a); (b) within 

10 days after such designation, that principal campaign committee must file a statement of 

organization setting forth certain information, 52 U.S.C. § 30103(a)-(b), 11 C.F.R. §§ 102.1(a), 

102.2; and (c) the treasurer of this principal campaign committee is required to file reports of 

receipts and disbursements with the FEC according to the schedules prescribed in FECA, 

52 U.S.C. § 30104(a)(1), (a)(3), (b), 11 C.F.R. §§ 104.1(a), 104.3, 104.5(b). 

43. The allegations in this paragraph contain legal conclusions and characterize and 

quote the contents of provisions of FECA and FEC regulations, which speak for themselves are 

the best evidence of their contents, therefore no response is required. To the extent that a 

response is required, ADMIT that, for the 2023-2024 federal elections, a candidate may accept, 

in the aggregate, up to $5,000 per election from a non-connected, multicandidate political action 

committee, 52 U.S.C. § 30116(a)(2)(A), and up to $3,300 per election from a non-connected, 

non-multicandidate political action committee, id. § 30116(a)(1)(A), (c), 88 Fed. Reg. 7089-90 

(Feb. 2, 2023). ADMIT that the quoted language in the last sentence of this paragraph appears in 

11 C.F.R. § 100.5(e)(6). 

44. The allegations in this paragraph contain legal conclusions and characterize the 

contents of provisions of FECA, which speak for themselves and are the best evidence of their 

contents, therefore no response is required. To the extent that a response is required, DENY that, 

for the 2023-2024 federal elections, an individual can only contribute, in the aggregate, up to 

$2,900 per election to a candidate. See 52 U.S.C. § 30116(a)(1)(A), (c), 88 Fed. Reg. 7089-90 

(Feb. 2, 2023). ADMIT that, for the 2023-2024 federal elections, an individual can contribute, in 

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the aggregate, up to $5,000 per election to a non-connected, multicandidate political action 

committee. 52 U.S.C. § 30116(a)(1)(C). 

45. This paragraph contains legal conclusions and quotes part of 52 U.S.C. § 30125, 

which speaks for itself, therefore no response is required. To the extent a response is required, 

ADMIT that id. § 30125(e)(1)(A) contains, with alterations, the quoted language. 

46-48. These paragraphs contain legal conclusions and plaintiff’s descriptions of certain 

provisions of FECA, which speak for themselves and are the best evidence of their contents, 

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

permits: any person who believes a FECA violation has occurred to file an administrative 

complaint with the Commission, 52 U.S.C. § 301019(a)(1); an administrative complainant to file 

a petition in the U.S. District Court for the District of Columbia upon “a failure of the 

Commission to act on such complaint during the 120-day period beginning on the date the 

complaint is filed,” id. § 30109(a)(8)(A); that, if the Court determines that a failure to act is 

contrary to law, the Court may direct the Commission to conform to the declaration within 30 

days, id. § 30109(a)(8)(C); and that “failing [this] the complainant may bring, in the name of 

such complainant, a civil action to remedy the violation involved in the original complaint,” id. 

“ADMINISTRATIVE PROCEEDINGS” 

49. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves, and requires no response. Some of the allegations in 

this paragraph relate to plaintiff’s excessive-contributions claim, which has been dismissed 

(Mem. Op. & Order at 11), and thus require no response. To the extent this paragraph 

incorporates by reference preceding paragraphs, the Commission likewise incorporates by 

reference its preceding responses. 

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50. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves and are the best evidence of their contents, and 

requires no response. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s legal conclusions and characterizations require no response. To the extent a 

response is required, the Commission is without knowledge or information sufficient to admit or 

deny any remaining factual allegations in this paragraph. 

51. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves and are the best evidence of their contents, and 

requires no response. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s legal conclusions and characterizations require no response. To the extent a 

response is required, the Commission is without knowledge or information sufficient to admit or 

deny any remaining factual allegations in this paragraph. 

52. This paragraph summarizes plaintiff’s alleged administrative complaint, the 

allegations of which speak for themselves and are the best evidence of their contents, and 

requires no response. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. Plaintiff’s legal conclusions and characterizations require no response. To the extent a 

response is required, the Commission is without knowledge or information sufficient to admit or 

deny any remaining factual allegations in this paragraph. 

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53. The allegations in this paragraph relate solely to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. 

54. This paragraph describes an alleged communication from the FEC, which speaks 

for itself and is the best evidence of its contents, therefore no response is required. 

55. DENY that the FEC has unreasonably delayed in its handling of plaintiff’s alleged 

administrative complaint. The remaining allegations in this paragraph are DENIED. 

“CAUSE OF ACTION” 

“Count I: 52 U.S.C. § 30109(a)(8)(A)” 

56. This paragraph incorporates by reference all preceding paragraphs. The 

Commission likewise incorporates by reference its preceding responses. 

57. Some of the allegations in this paragraph relate to plaintiff’s excessivecontributions claim, which has been dismissed (Mem. Op. & Order at 11), and thus require no 

response. DENY the remainder of this paragraph. 

“REQUESTED RELIEF” 

1-4. No response is required to plaintiff’s prayer for relief. However, if a response 

may be deemed necessary, the Commission DENIES that plaintiff is entitled to the relief 

requested or to any other relief. Further, some of the requested relief relates to plaintiff’s 

excessive-contributions claim, which has been dismissed (Mem. Op. & Order at 11). 

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Respectfully submitted, 

Lisa J. Stevenson 

Acting General Counsel 

lstevenson@fec.gov 

Kevin Deeley 

Associate General Counsel 

kdeeley@fec.gov 

July 31, 2023 

/s/ Shaina Ward 

Shaina Ward 

Attorney 

sward@fec.gov 

FEDERAL ELECTION COMMISSION 

1050 First Street NE 

Washington, DC 20463 

(202) 694-1650 

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