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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CHRIS VAN HOLLEN, 

Plaintiff, Civil Action No. 1:11-cv-00766 (ABJ) 

v. 

FEDERAL ELECTION COMMISSION, 

Defendant. 

and

HISPANIC LEADERHSHIP FUND

 Intervenor/Defendant

CENTER FOR INDIVIDUAL FREEDOM

Intervenor/Defendant

ANSWER OF INTERVENOR/DEFENDANT 

HISPANIC LEADERSHIP FUND

Defendant/Intervenor Hispanic Leadership Fund (“HLF”) submits this answer to the 

Complaint of Plaintiff Chris Van Hollen:

1. Admitted that Plaintiff is challenging the Federal Election Commission’s 

(“FEC”) regulation 11 C.F.R. § 104.20(c)(9) which implements the Bipartisan Campaign 

Reform Act, codified at 2 U.S.C. § 434(f). Deny the remainder of the paragraph.

2. This paragraph contains Plaintiff’s characterizations of BCRA § 201 and 

the quoted text of the statues speak for themselves. Plaintiff’s characterizations are 

denied.

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3. This paragraph contains Plaintiff’s characterizations of 11 C.F.R. § 104.20 

and the text of the regulation speaks for itself. Denied that the regulation is not 

authorized by law. Plaintiff’s characterizations are denied.

4. Denied.

5. This paragraph contains legal conclusions to which no response is 

required. Otherwise this paragraph is denied.

6. Admitted that non-profit corporations such as HLF spent money on 

electioneering communications in 2010. The rest of the paragraph is denied.

JURISDICTION AND VENUE

7. Admitted.

8. Admitted.

PARTIES

9. Information sufficient to admit or deny the statement that Plaintiff intends 

to run for re-election is solely within his control and therefore HLF is without 

information sufficient to admit or deny this fact and therefore denies. The rest of the 

paragraph is admitted.

10. The first sentence is admitted. The remainder of the paragraph is denied.

11. To the extent Plaintiff is a future candidate for federal office the first 

sentence is admitted. The second sentence is denied. HLF is without sufficient 

knowledge to admit or deny the third paragraph as it assumes facts not yet in existence

and therefore denies. The fourth sentence is denied.

12. Admitted.

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FACTS

13. Admitted.

14. Admitted.

15. This paragraph contains statutory quotation and characterization. The 

language of the statutes speak for themselves. The remainder of the paragraph is denied.

16. This paragraph contains statutory characterization and the language of the 

statues speak for themselves. The remainder of the paragraph is denied.

17. This paragraph contains conclusions of law to which no response is 

required.

18. This paragraph contains conclusions of law to which no response is 

required.

19. The first sentence is admitted. The text of the Proposed Rulemaking 

speaks for itself. The remainder of the paragraph is denied.

20. Admitted that the FEC issued revised regulations on December 26, 2007 

the language of which speaks for itself. The rest of the paragraph is denied.

21. Admitted that the FEC published an Explanation and Justification 

containing the quoted language on December 26, 2007. The language of the E&J speaks 

for itself. Otherwise the remainder of the paragraph is denied.

22. This paragraph contains legal conclusions to which no response is 

required.

23. This paragraph contains legal conclusions to which no response is 

required.

24. Denied.

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25. Denied.

26. Denied.

27. Denied.

28. Denied.

29. Denied.

30. The first and second sentences are denied. Admitted that of the 10 highest 

spenders on electioneering communications in 2010 only three disclosed any information 

about funds they received.

31. The first sentence is denied. Admitted that the entities listed in the second 

and third sentences reported the amounts listed and did not disclose contributors. The 

remainder of the paragraph is denied.

32. HLF is without sufficient information to admit or deny and therefore 

denies.

COUNT I: DECLARATORY JUDGMENT

33. Denied.

34. Denied.

35. Denied.

36. Denied.

REQUESTED RELIEF

37. This paragraph contains Plaintiff’s requested relief to which HLF denies 

Plaintiff is entitled.

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Dated: August 5, 2011 Respectfully submitted,

Holtzman Vogel PLLC

By: /s/ Scott S. Ward

Jason Torchinsky (Bar No. 976033)

jtorchinsky@holtzmanlaw.net

Scott S. Ward (Bar No. 477030)

sward@holtzmanlaw.net

Karen Blackistone

kblackistone@holtzmanlaw.net

HOLTZMAN VOGEL PLLC

45 North Hill Drive, Suite 100

Warrenton, VA 20186

Tel: (540) 341-8808

Fax: (540) 341-8809

Counsel for Hispanic Leadership Fund

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CERTIFICATE OF SERVICE

I hereby certify that on August 5, 2011, I electronically filed the foregoing 

Answer of Intervenor/Defendant Hispanic Leadership Fund using the Court’s electronic 

filing service. 

All parties were served electronically by the ECF service.

/s/ Scott S. Ward

Scott S. Ward

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