BakerHostetler 

Baker &Hostetler LLP

Washington Square, Suite 1100 

1050 Connecticut Avenue. N.W. 

Washington, DC 20036-5304 

T 202.861, 1500 

F 202.861.17 83

www.bakerlaw.com 

E. Mark Braden

direct dial: 202.861.1504

MBraden@bakerlaw.com

January 19, 2017 

VIA E-MAIL AND HAND DELIVERY 

Chairman Steven T. Walther, Vice Chair 

Caroline C. Hunter, and Commissioners Lee E. 

Goodman, Matthew S. Petersen, Ann M. Ravel, 

and Ellen L. Weintraub 

Federal Election Commission 

c/o Ms. Shawn Woodhead Werth 

Secretary and Clerk of the Commission 

999 E Street, NW 

Washington, DC 20463 

Re: Kasich For America: Request for Consideration of Legal Questions by the Commission 

Dear Commissioners: 

On behalf of our client, Kasich For America, we respectfully request that the 

Commission review the determination of the Reports Analysis Division with respect to certain 

contributions received by Kasich For America after May 4, 2016. Specifically, Kasich For 

America respectfully requests that the Commission review the determination of the Reports 

Analysis Division that Ohio Governor John R. Kasich made an announcement on May 4, 2016 

"not to seek the nomination." He did no such thing. 

I. Factual Background

On July 21, 2015, Ohio Governor John R. Kasich announced for the first time his 

intention to run for President of the United States of America. After ten hard fought months 

following this announcement, Governor Kasich determined that he would not be able to secure 

the Republican nomination through the conventional path of the Republican primaries. 

Consequently, Governor Kasich determined on May 4, 2016, that he would focus his attention on 

securing the nomination at the Republican nominating convention in Cleveland, Ohio in the 

event President-elect Donald Trump faltered or withdrew from the presidential campaign. 

Atlanta Chicago Cincinnati Cleveland Columbus Costa Mesa Denver 

Houston Los Angeles New York Orlando Philadelphia Seattle Washington, DC 
Chairman Steven T. Walther, Vice Chair Caroline C. Hunter, and Commissioners Lee E. 

Goodman, Matthew S. Petersen, Ann M. Ravel, and Ellen L. Weintraub 

January 19, 2017 

Page 2 

On May 4, 2016, therefore, Governor Kasich suspended his campaigning in the 

remaining primary states. He did not, however, make any comment that he would not continue 

to seek the office of President of the United States. Instead, Governor Kasich stated: 

Throughout my campaign I have said the Lord may have another purpose 

for me, and it set all the pundits a-twitter. Does that mean he is not 

committed or he is not focused or he's not energetic? It showed to some 

degree how little they understand about life. You see, I have always said 

that the Lord has a purpose for me as he has for everyone, and as I 

suspend my campaign today, I have renewed faith, deeper faith that the 

Lord will show me the way forward and fulfill the purpose of my life. 

See Announcement of Governor John R. Kasich, May 4, 2016. After this announcement, 

Governor Kasich discontinued his campaign travels to states around the country. He did, 

however, continue to seek votes in the remaining primary states by remaining on the ballot. 

Through his efforts, he received enough support to secure delegates in multiple states. See 

Election 2016-Republican Delegate Count, available at: 

http://www. realclearpolitics.com/epolls/2016/president/republican delegate count. html. 

In addition to securing additional delegates following the suspension of his campaign on 

May 4, 2016, Governor Kasich retained each delegate that he won during his presidential 

campaign. Not only did he retain those delegates, he encouraged those delegates to vote for him 

at the Republican National Convention in Cleveland, Ohio. See 

http://www.foxnews.com/politics/2016/05/24/kasich-j oins-cruz-rubio-in-keeping-delegates-ascampaign-leverage.html. Those delegates did in fact vote for Governor Kasich for the 

Republican nomination, and he finished behind now President-elect Trump and Senator Ted 

Cruz by securing the third-most delegates. His efforts, therefore, allowed him to finish relatively 

closer to securing the nomination at the Convention than during the primary seasons. 

It was certainly no secret there were many discussions and efforts to block the 

nomination of Donald Trump after the last primary ballots were cast. During this period, 

Governor Kasich's principal campaign committee, Kasich For America, continued to raise funds 

and make expenditures in excess of $5,000 in an effort to secure the Republican nomination for 

the Presidency. He appeared on national news programs, traveled across the United States, 

spread his message that division and hatred need to end, drafted numerous opinion pieces in 

newspapers around the country, and asked delegates to support his candidacy for President of the 

United States. He even traveled to the White House to conduct a press conference behind the 

seal of the President of the United States of America. 

Importantly, Governor Kasich never endorsed any other candidate for President and, in 

fact, never told any person not to vote for him until December 6, 2016. At that time, Governor 

Kasich stated, "I am not a candidate for president," and he asked that electors not vote for him 
Chairman Steven T. Walther, Vice Chair Caroline C. Hunter, and Commissioners Lee E. 

Goodman, Matthew S. Petersen, Ann M. Ravel, and Ellen L. Weintraub 

January 19, 2017 

Page 3 

when they gather later this month. "Our country had an election and Donald Trump won." See 

http :/lthehill. com/homenews/campaign/3 0 904 2-kasich-to-e lector s-dont-vote-for-me. 

On these facts, it is clear that Governor Kasich remained a candidate for President of the 

United States after May 4, 2016. 

II. Legal Analysis

The Federal Election Campaign Act of 1971, as amended (the "Act") is clear on its face

that any candidate running for Federal office is required to file a Statement of Candidacy with 

the Federal Election Commission (the "Commission"), and that candidate is required to file a 

Statement of Organization for a designated principal campaign committee. These filings are not 

made at the will of the candidate. Instead, they are based on the Act and the Act's explanatory 

rules and regulations. 

Pursuant to the Act, an election encompasses: 

(A) a general, special, primary, or runoff elections;

(B) a convention or caucus of a political party, which has authority to

nominate a candidate;

(C) a primary election for the selection of delegates to a national nominating

convention of a political party;

(D) a primary election held for the expression of a preference for the

nomination of individuals for election to the office of President.

See 52 U.S.C. § 30101(1)(A)-(D). As is readily apparent from the Act, an election is something 

more than just running in the presidential primary. It can extend at least to election at a 

convention. 

The Act continues to define a Candidate as "an individual who seeks nomination for 

election, or election, to Federal office." Again, when an individual becomes a candidate, it is not 

left to chance or guesswork. The Act provides that an individual "shall be deemed to seek 

nomination for election," whether that individual wants to be a candidate or not: 

(A) if such individual has received contributions aggregating in excess of $5,000 or

has made expenditures aggregating in excess of $5,000; or

(B) if such individual has given his or her consent to another person to receive

contributions or make expenditures on behalf of such individual, and if such

person has received such contributions aggregating in excess of $5,000 or has

made such expenditures aggregating in excess of $5,000.
Chairman Steven T. Walther, Vice Chair Caroline C. Hunter, and Commissioners Lee E. 

Goodman, Matthew S. Petersen, Ann M. Ravel, and Ellen L. Weintraub 

January 19, 2017 

Page 4 

See 52 U.S.C. § 30101(2). Under the statute, therefore, raising or expending $5,000 "deems" an 

individual to be a candidate under the Act. Once an individual is a candidate, that individual is 

required to register with the Commission and file reports in accordance with the Act and the 

Commission's rules and regulations. 

An individual stops being a candidate at the end of the election cycle, at which point the 

aggregate contribution and expenditure amounts reset, or when the individual no longer seeks 

election or nomination for election to Federal office. See 11 C.F.R. § 100.3. In fact, it is clear 

under the Act that the Commission will not consider a principal campaign committee even 

eligible for termination if the committee intends to "receive any contributions or make any 

disbursements that would otherwise qualify it as a political committee." In that case, the 

Commission would determine that the Committee would not be able to terminate, and the 

Commission would require the Committee to file reports with the Commission under the Act. 

See 11 C.F.R. § 100.3. The Act, rightly so, does not base its determination on when an 

individual either becomes a candidate or terminates a campaign or committee on the Candidate's 

opinion - instead, that determination is based on the plain meaning of the Act. 

Under the Act, therefore, Governor Kasich simply stating that he was suspending his 

campaign was not the end of the story. As explained above, Governor Kasich asked voters for 

their vote in nine states following his May 4 speech, required his delegates to vote for him at the 

Convention, improved his relative delegate position at the Convention, continued to raise funds 

in support of his election at the Convention, and never endorsed President-elect Donald Trump. 

Consequently, he remained a candidate after May 4, 2016. 

Had the May 4, 2016 speech ended his candidacy in accordance with the Act, he would 

have been deemed a candidate under the Act the moment he passed the requisite contribution and 

expenditure thresholds. Consequently, it is clear that Governor Kasich remained a candidate 

after May 4, 2016. To hold otherwise would be to ignore the plain meaning of the Act. 

III Conclusion 

For the foregoing reasons, we ask that you reverse the determination of the Reports 

Analysis Division that Governor Kasich made a decision "not to seek the nomination" for 

President of the United States on May 4, 2016. 

E. Mark Braden