UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF SOUTH CAROLINA 

CHARLESTON DIVISION 

KUHN FOR CONGRESS, 

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Civ. No. 2:13-3337 (pM,O-BHloij :;> .c 

v. 

MOTION 

FEDERAL ELECTION COMMISSION, 

Defendant. 

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DEFENDANT FEDERAL ELECTION COMMISSION'S 

MOTION TO DISMISS PLAINTIFF'S PETITION FOR REVIEW 

Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 5 U.S.C. § 706, defendant 

Federal Election Commission ("FEC" or "Commission") respectfully moves to dismiss the 

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Petition for Review filed by Kuhn for Congress in this administrative review case. The motion 

should be granted, because the FEC did not act arbitrarily, capriciously, or otherwise contrary to 

law in assessing a civil money penalty against Kuhn for Congress for its failure to timely file a 

statutorily mandated campaign-finance disclosure report in April 2013, as required by the 

Federal Election Campaign Act ("FECA"), 2 U.S.C. § 434(a)(2)(A)(iii). 

2:13-cv-03337-PMD-BHH Date Filed 03/28/14 Entry Number 27 Page 1 of 3
Pursuant to Local Civil Rule 7.04 DSC, the Commission submits the attached 

Memorandum of Law in support of this motion. The Commission also submits this day as a 

separate submission the Certified Administrative Record in this case. Finally, upon filing this 

Motion, the Commission will email a proposed order to this Court's ECF email address, with a 

copy to opposing counsel, in accordance with the Court's Standard Preferences for submitting 

proposed orders. 

March 27,2014 

Respectfully submitted, 

Lisa J. Stevenson* 

Deputy General Counsel - Law 

Kevin Deeley* 

Acting Associate General Counsel 

Erin Chlopak* r&ting :stanA GS;~ 

BenJrln A. Streeter III· 

bstreeter@fec.gov 

Attorney 

FOR DEFENDANT 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, D.C. 20463 

(202) 219-0260 - facsimile 

(202) 694-1650 

* Counsel for the Commission have filed applications to appear pro hac vice (see Docket 

Nos. 23-26) and the Commission has filed a Motion for Waiver of the Local Counsel 

Requirements and Waiver of the Pro Hac Vice Admission Fees (Docket No. 22), all of which 

were still pending as of the date this motion was filed. 

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2:13-cv-03337-PMD-BHH Date Filed 03/28/14 Entry Number 27 Page 2 of 3
CERTIFICATE OF SERVICE 

I, Benjamin A. Streeter III, hereby certify that on this 27th day of March, 2014, I sent via 

UPS overnight express the foregoing Federal Election Commission's Motion to Dismiss 

Plaintiffs Petition for Review and Memorandum in Support oflts Motion to Dismiss Plaintiffs 

Petition for Review to the Clerk of the United States District Court for the District of South 

Carolina for filing and that a copy was sent via UPS overnight express to counsel of record for 

plaintiff at the address indicated below. 

John R. Kuhn, Esq. 

KUHN&KUHN, LLC. 

39 Broad Street 

Suite 301 

Charleston, SC 29401 

13~<- ASU I1l' 

Benjamip A. Streeter III 

2:13-cv-03337-PMD-BHH Date Filed 03/28/14 Entry Number 27 Page 3 of 3