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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

)

STOP HILLARY PAC and DAN BACKER, )

) Civ. No. 1:15-1208 (GBL-IDD)

Plaintiffs, )

)

v. )

) ANSWER

FEDERAL ELECTION COMMISSION, )

)

Defendant. )

)

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER

Defendant Federal Election Commission (“FEC” or “Commission”) through its 

undersigned counsel responds as follows to plaintiffs’ Verified Complaint. Everything not given 

a specific response is DENIED.

Introduction. The first two paragraphs of plaintiffs’ introduction contain 

characterizations of FECA and Commission regulations to which no response is required. To the 

extent a response is deemed required, ADMIT that the cited provisions of FECA and 

Commission regulations prohibit unauthorized committees from using the name of a candidate in 

their registered names. The Commission is without knowledge or information sufficient to admit 

or deny the third sentence of the fourth paragraph, which concerns the state of mind of various 

unspecified persons regarding the candidate-authorization status of Stop Hillary PAC. The 

remainder of the introduction is DENIED.

1. ADMIT.

2. This paragraph contains plaintiffs’ characterizations of a provision of FECA to 

which no response is required. To the extent a response is deemed required, ADMIT that 52 

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U.S.C. § 30110 contains the quoted language in this paragraph, but DENY that this paragraph 

sets forth completely and accurately the full content of that statutory provision. 

3. ADMIT that venue is proper in this District.

4. ADMIT that Plaintiff Stop Hillary PAC has registered with the Commission as a 

non-connected hybrid political committee, that it listed an Alexandria, Virginia address on its 

registration form, and that political committees are sometimes “colloquially referred to as . . . 

‘political action committee[s]’” or “PACs.” The Commission is without knowledge or 

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

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

the allegations in this paragraph. 

6. ADMIT the first sentence of this paragraph, and further ADMIT that the 

Commission is a federal agency created by the Federal Election Campaign Act (“FECA” or the 

“Act”), 52 U.S.C. §§ 30101-30146, and that the Commission is responsible for the civil 

enforcement and administration of the Act. DENY that the FEC has general authority “for 

enforcing federal election law.” 

7. This paragraph contains conclusions of law and plaintiff’s characterizations of 

provisions of FECA to which no response is required. To the extent a response is deemed 

required, DENY that this paragraph accurately or completely describes the circumstances under 

which a group is required to register as a federal political committee. 

8. This paragraph purports to summarize provisions of FECA to which no response 

is required. To the extent a response is deemed required, ADMIT that the first and second 

sentences of this paragraph accurately describe certain legal duties of political committee 

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treasurers. The third sentence of this paragraph appears to be incomplete and is too vague to 

either admit or deny. 

9. This paragraph quotes portions of a provision of FECA, which speaks for itself, 

and to which no response is required. To the extent a response is deemed requited, ADMIT that 

section 30102(e)(4) contains the language quoted in the paragraph, but deny that this paragraph 

completely or accurately describes the full content of that provision.

10. This paragraph characterizes and summarizes portions of FEC regulations, which 

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

required, ADMIT that subsections (a)-(c) of this paragraph generally describe exceptions to the 

Commission’s regulation implementing FECA’s political committee name identification 

requirement.

DENY plaintiffs’ heading on page 4: “The FEC’s Threats Against Plaintiffs for 

Incorporating a Candidate’s Name into the Name of Stop Hillary PAC.”

11. ADMIT that plaintiff/counsel Dan Backer serves as counsel and treasurer for 

multiple political committees. The Commission is without knowledge or information sufficient 

to admit or deny the remaining allegations in this paragraph.

12. ADMIT the first two sentences. The Commission is without knowledge or 

information sufficient to form a belief as to the allegations in the fourth sentence regarding 

Backer’s continuing relationship with Stop Hillary PAC and whether he supports the committee. 

DENY that a copy of the Statement of Organization is attached either to the copy of the 

complaint available electronically through the Court’s ECF system or the copy mailed to the 

Commission.

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

the allegations in this paragraph, which concern Backer’s state of mind.

14. ADMIT that Hillary Clinton filed a Form 2 Statement of Candidacy with the 

Commission on April 13, 2015. The third sentence of this paragraph contains conclusions of 

law, to which no response is required. To the extent a response is deemed required, the 

Commission is without knowledge or information sufficient to form a belief as to the allegations

in the second and third sentences in this paragraph, which concern Backer’s state of mind.1

15. ADMIT that the Commission sent a Request for Additional Information (“RFAI”) to 

Dan Backer, Stop Hillary PAC’s treasurer, on April 27, 2015. See Letter from Laura Sinram, Sr. 

Campaign Finance & Reviewing Analyst, FEC, to Dan Backer, Treasurer, Stop Hillary PAC 

(Apr. 27, 2015), http://docquery.fec.gov/pdf/454/15330081454/15330081454.pdf. DENY that a 

copy of the RFAI is attached either to the copy of the complaint available electronically through 

the Court’s ECF system or the copy mailed to the Commission. The remaind of this paragraph 

purports to quote and/or paraphrase the RFAI, which speaks for itself and to which no response 

is required. To the extent a response is required, ADMIT that the RFAI advised that if Stop 

Hillary PAC is not a candidate-authorized committee, its Statement of Organization must be 

amended so that the committee’s name does not include the name of a federal candidate, but 

DENY that this paragraph accurately or completely describes or quotes the full content of the 

cited RFAI. 

 1 As to the footnote to paragraph 14 of the complaint, ADMIT that in January 2014, Stop 

Hillary PAC filed an administrative complaint with the FEC, that it subsequently filed an action 

for judicial review related to the pendency of its administrative complaint, that the FEC 

dismissed the administrative complaint, and that Stop Hillary PAC voluntarily dismissed its 

lawsuit. The remainder of this footnote contains plaintiffs’ characterizations of its administrative 

and judicial complaints to which no response is required. To the extent a response is deemed 

required, the remainder of this footnote is DENIED.

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16. ADMIT that plaintiff/counsel Dan Backer responded to the RFAI on June 1, 

2015. The remainder of the first sentence of this paragraph contains plaintiffs’ characterizations 

of Dan Backer’s June 1, 2015 response to the Commission’s April 27, 2015 RFAI, which speaks 

for itself and requires no response. See Miscellaneous Text (FEC Form 99) (June 1, 2015), 

http://docquery.fec.gov/pdf/074/15951448074/15951448074.pdf. The Commission is without 

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

17. ADMIT that FEC staff contacted Backer by telephone on June 4, 2015, and 

informed him that if Stop Hillary PAC did not change its name the matter would be referred for 

further Commission action. The Commission further ADMITS that Backer has refused to 

change the committee’s name, see Miscellaneous Text (FEC Form 99) (June 11, 2015), 

http://docquery.fec.gov/pdf/755/15951466755/15951466755.pdf, and that Backer rejected an 

invitation to participate in Alternative Dispute Resolution. The Commission is without 

knowledge or information sufficient to admit or deny the allegations in the fourth sentence of 

this paragraph. The remainder of this paragraph, including plaintiffs’ characterizations of the 

June 4, 2014 telephone communication, is DENIED.

18. ADMIT that the Commission sent a letter to Stop Hillary PAC and Dan Backer on 

or about September 8, 2015. The remainder of the first sentence of this paragraph contains 

plaintiffs’ characterizations of that letter, which speaks for itself and to which no response is 

required. To the extent a response is deemed required, ADMIT that the letter contained the 

quoted language in this paragraph, but DENY that this paragraph accurately or completely 

describes or quotes the full content of the letter. As to the second sentence of this paragraph, 

DENY that a copy of the September 8, 2015 letter described in this paragraph is attached either 

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to the copy of the complaint available electronically through the Court’s ECF system or the copy 

mailed to the Commission.

19-21. These paragraphs purport to summarize and characterize the contents of the 

September 8, 2015 letter referenced in paragraph 18 of plaintiffs’ complaint, which speaks for 

itself and to which no response is required. To the extent a response is deemed required, 

ADMIT that the letter informed plaintiffs that “the Committee has been referred [to the Office of 

General Counsel for possible enforcement action] for failing to remove the Federal candidate’s 

name from the name of the committee when the candidate referenced, Hillary Rodham Clinton, 

became an official Federal candidate, in violation of 52 U.S.C. § 30102(e)(4),” explained that

[t]he Act affords [plaintiffs] the opportunity to demonstrate in writing that no action should be 

taken against the Committee in this matter,” and advised the Committee of the possibility that if 

it failed to file a response, the Commission “may take further action.” The remainder of these 

paragraphs, including plaintiffs’ characterizations of the September 8, 2015 letter, is DENIED.

22. This paragraph contains characterizations of multiple provisions of FECA, which 

speak for themselves and to which no response is required. To the extent a response is deemed 

required, the Commission ADMITS that FECA authorizes the FEC to pursue civil enforcement 

for violations of FECA, DENY that the second sentence of this paragraph accurately or 

completely describes what “the FEC . . . believes” regarding the scope of its referral authority 

under the Act, and DENY that the cited “Ex. 3” is attached either to the copy of the complaint 

available electronically through the Court’s ECF system or the copy mailed to the Commission, 

see supra ¶ 18.

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

the allegations in this paragraph, which concern Dan Backer’s intentions and state of mind.

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24-27. The Commission is without knowledge or information sufficient to admit or deny 

the allegations in these paragraphs, which concern the anticipated “mission and purpose” of 

certain alleged not-yet-established political committees, and Backer’s alleged wishes and 

expectations regarding the formation of and his expected service to such committees.

28. In this paragraph, plaintiffs incorporate and reallege paragraphs 1-27. Likewise, 

the Commission incorporates its responses to paragraphs 1-27.

29. ADMIT that plaintiff Stop Hillary PAC has registered with the Commission as a 

non-connected, unauthorized political committee and that it incorporates the name of candidate 

Hillary Clinton in its registered name.

30. This paragraph purports to describe a provision of FECA, which speaks for itself 

and requires no response. To the extent a response is deemed required, ADMIT that 52 U.S.C. 

§ 30102(e)(4) provides that an unauthorized political committee “shall not include the name of 

any candidate in its name.”

31. This paragraph contains plaintiffs’ characterizations of a provision of FECA, 

which speaks for itself and to which no response is required. To the extent a response is deemed 

required, ADMIT that 52 U.S.C. § 30102(e)(4) provides that an unauthorized political committee 

“shall not include the name of any candidate in its name,” but DENY that this paragraph 

accurately describes the Commission’s interpretation and application of 52 U.S.C. § 30102(e)(4).

32. The first sentence of this paragraph contains legal conclusions to which no 

response is required. To the extent a response is deemed required, the allegation in the first 

sentence that the name of a political committee is entitled to “maximum protection under the 

First Amendment” is DENIED. ADMIT generally that FECA and Commission regulations 

require political committees to include their registered name in statutorily required FEC filings 

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and disclaimers, but DENY that the second sentence of this paragraph accurately or completely 

identifies or describes the sources of such requirements.

33. The first sentence of this paragraph contains legal conclusions to which no 

response is required. To the extent a response is deemed required, ADMIT that political 

committees have the major purpose of nominating or electing one or more federal candidates and 

that such groups are forms of political association; DENY the allegation that political 

committees are entitled to “maximum protection under the First Amendment.” The second and 

third sentences refer generally to the unidentified name of an unspecified committee and are too 

vague to admit or deny.

34. ADMIT.

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

the allegations in this paragraph, which concern the “mission and objective” of plaintiff Stop 

Hillary PAC.

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

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

the allegations in this paragraph, which concern the state of mind of various persons regarding 

the status and objectives of Stop Hillary PAC.

38. ADMIT that candidates do not typically adopt names for their authorized 

committees that clearly and unambiguously oppose their own candidacies. 

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

the allegations in this paragraph, which concern the relationship between Stop Hillary PAC’s 

registered name and its “mission, purpose, and values.” 

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40. ADMIT that the Commission has informed plaintiffs that Stop Hillary PAC’s 

registered name violates FECA and Commission regulations, advised them to comply with the 

law, and informed them of possible legal consequences of their violation. The Commission is 

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

concerning any costs purportedly incurred by plaintiffs as a result of their intentional violation of 

FECA and FEC regulations. The remainder of the paragraph, including the allegation that the 

FEC “has threatened Stop Hillary PAC,” is DENIED.

41. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

42. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

43. ADMIT that Backer is identified in Stop Hillary PAC’s FEC filings and in court 

papers in this case as the committee’s counsel and treasurer. The Commission is without 

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

which concern the extent of Backer’s support for Stop Hillary PAC and the committee’s alleged 

objective. 

44. ADMIT that “Hillary” is the first name of presidential candidate Hillary Rodham 

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

remaining allegations in this paragraph, which concern Backer’s state of mind.

45. This paragraph contains legal conclusions to which no response is required. To 

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

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sufficient to admit or deny the allegations in this paragraph, which concern Backer’s state of 

mind.

46. ADMIT that the Commission has informed plaintiffs that Stop Hillary PAC’s 

registered name violates FECA and Commission regulations, advised them to comply with the 

law, and informed them of possible legal consequences of their violation. The remainder of this 

paragraph, including plaintiffs’ characterization of the Commission’s communications, is 

DENIED.

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

the allegations in this paragraph, which concern Backer’s alleged intentions regarding the 

formation of other political committees committees that are not parties to this action.

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

the allegations in this paragraph, which concern the relationship between Stop Hillary PAC’s 

registered name and Backer’s state of mind regarding Hillary Clinton.

49. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

50. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

51. This paragraph contains plaintiffs’ characterizations of a provision of FECA to 

which no response is required. To the extent a response is deemed required, DENY that 

plaintiffs’ summary sets forth completely and accurately the statute’s “stated purpose.”

52. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, ADMIT that, relative to other unauthorized committees 

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hypothetically employing candidate names, an unauthorized committee name that clearly and 

unambiguously opposes a candidate may pose a diminished risk of misleading the public to 

believe that the committee is authorized to act on behalf of the named candidate; this paragraph 

is otherwise DENIED.

53. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

54. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

55. ADMIT that plaintiffs have violated FECA and Commission regulations and have 

refused to comply with the political committee name identification requirement. DENY that 

Backer was required to violate FECA in order to bring his constitutional challenge, and 

otherwise DENY the remainder of this paragraph, including its apparent allegation that FECA is 

unconstitutional or otherwise unlawful.

56. DENY that the FEC has threatened plaintiffs and further DENY that section 

30102(e)(4) is unconstitutional or otherwise unlawful. The Commission is without knowledge or 

information sufficient to admit or deny the remaining allegations in this paragraph, which 

concern Backer’s state of mind. 

57. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

58. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

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59. This paragraph contains plaintiffs’ quotations and characterizations of a 

Commission regulation that speaks for itself and to which no response is required. To the extent 

a response is deened required, ADMIT that the second sentence accurately reproduces 11 C.F.R. 

102.14(b)(1), (2) and (3); this paragraph is otherwise DENIED.

60. DENIED.

61. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

62. This paragraph contains plaintiffs’ characterizations of a Commission regulation 

and legal conclusions to which no response is required. To the extent a response is deemed 

required, this paragraph is DENIED.

63. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

64. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, ADMIT that equal protection analysis under the Fifth 

Amendment is the same as that under the Fourteenth Amendment.

65. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

66. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

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67. In this paragraph, plaintiffs incorporate and reallege the preceding paragraphs of 

their complaint. Likewise, the Commission incorporates its responses to the preceding 

paragraphs.

68. ADMIT that, relative to other unauthorized committees hypothetically employing 

candidate names, an unauthorized committee name that clearly and unambiguously opposes a 

candidate may pose a diminished risk of misleading the public to believe that the committee is 

authorized to act on behalf of the named candidate; this paragraph is otherwise DENIED.

69. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

70. This paragraph contains legal conclusions to which no response is required. To 

the extent a response is deemed required, this paragraph is DENIED.

PRAYER FOR RELIEF

1-4. No response is required to Paragraphs 1 through 4 of the plaintiffs’ prayer for 

relief. However, if an answer may be deemed necessary to any of these paragraphs or 

subparagraphs, the Commission DENIES that any of the requested relief should be granted to the 

plaintiffs or against the Commission.

Respectfully submitted,

Daniel A. Petalas* Steve N. Hajjar*

Acting General Counsel Attorney

dpetalas@fec.gov shajjar@fec.gov

Lisa J. Stevenson* /s/ Esther D. Gyory 

Deputy General Counsel — Law Esther D. Gyory (VA Bar #76826)

lstevenson@fec.gov egyory@fec.gov

Kevin Deeley* COUNSEL FOR DEFENDANT 

Acting Associate General Counsel FEDERAL ELECTION COMMISSION

kdeeley@fec.gov

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Erin Chlopak* 999 E Street N.W.

Acting Assistant General Counsel Washington, DC 20463

echlopak@fec.gov (202) 694-1650

November 23, 2015 *Admitted Pro Hac Vice

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