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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF DELAWARE 

___________________________________ 

 ) 

FEDERAL ELECTION COMMISSION, ) 

 ) 

 Plaintiff, ) 

 ) No. 1:15-cv-00017-LPS 

 v. ) 

 ) 

CHRISTINE O’DONNELL, et al., ) ANSWER TO COUNTERCLAIMS 

 ) 

 Defendants. ) 

___________________________________ ) 

PLAINTIFF FEDERAL ELECTION COMMISSION’S 

ANSWER TO DEFENDANTS’ COUNTERCLAIMS 

 Plaintiff Federal Election Commission (“Commission”), through its undersigned counsel, 

responds as follows to the counterclaims asserted by Christine O’Donnell, Friends of Christine 

O’Donnell, and Chris Marston, in his official capacity as treasurer of Friends of Christine 

O’Donnell (collectively “defendants”) in Defendants’ Answer and Counterclaims, filed April 17, 

2015 (D.I. 9). Any allegation not specifically responded to below is DENIED. The Commission 

responds as follows: 

 1. This paragraph contains defendants’ characterizations of the matters 

complained of and the relief sought in this counterclaim, as well as defendants’ conclusions of 

law. The paragraph therefore requires no response. To the extent that a response may be 

deemed necessary, the allegations are DENIED. 

 2. This paragraph contains defendants’ characterizations of the matters 

complained of and the relief sought in this counterclaim, as well as defendants’ conclusions of 

law. The paragraph therefore requires no response. To the extent that a response may be 

deemed necessary, the allegations are DENIED. 

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 3. This paragraph contains defendants’ characterizations of the matters 

complained of and the relief sought in this counterclaim, as well as defendants’ conclusions of 

law. The paragraph therefore requires no response. To the extent that a response may be 

deemed necessary, the allegations are DENIED. 

“JURISDICTION AND VENUE” 

 4. ADMIT that the counterclaims seek declaratory relief. ADMIT that 

28 U.S.C. § 1331 confers subject matter jurisdiction. DENY that 28 U.S.C. §§ 1338(a) or 2201 

confers jurisdiction for the counterclaims. 

 5. ADMIT. 

“COUNT I – DECLARATORY JUDGMENT” 

“NO STATUTORY VIOLATION”

 6. DENY. 

 7. ADMIT that 52 U.S.C. § 30114(b) bars the conversion of funds 

contributed to a federal candidate to pay expenses that would exist irrespective of the candidate’s 

campaign or duties as a federal office holder, including rent and utilities. Otherwise DENIED. 

 8. DENY. 

 9. ADMIT that Christine O’Donnell’s reimbursements to Friends of 

Christine O’Donnell for her use of a portion of the space reduced the net costs to the Committee 

for that space. DENY that Friends of Christine O’Donnell would have incurred the same or 

greater costs but for O’Donnell’s decision to sublease a portion of the space. 

 10. DENY. 

 11. To the extent that this paragraph contains defendants’ conclusions of law, 

no response is required. The Commission regulations referenced in this paragraph speak for 

themselves. To the extent that a response may be deemed necessary, the Commission DENIES 

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that its regulations permit a candidate to sublease from her campaign committee a portion of the 

campaign headquarters for use as a residence. The Commission is without knowledge or 

information sufficient to form a belief as to the truth of the factual allegations in the paragraph 

regarding defendants’ reliance upon Commission regulations. 

 12. DENY. 

“COUNT II – DECLARATORY JUDGMENT” 

“11 C.F.R. § 113.1(g)(1)(i)(E) IS FACIALLY UNCONSTITUTIONAL”

 13. This paragraph contains defendants’ conclusions of law. The paragraph 

therefore requires no response. To the extent that a response may be deemed necessary, the 

allegation that the cited scrutiny level is applicable here is DENIED. 

 14. This paragraph contains defendants’ conclusions of law. The paragraph 

therefore requires no response. To the extent that a response may be deemed necessary, DENY 

the allegation that all expenditures, even coordinated ones, do not corrupt and the apparent 

allegation that the cited Supreme Court discussion addressing certain other campaign finance 

provisions is applicable here. 

 15. DENY. 

 16. To the extent that this paragraph contains defendants’ conclusions of law, 

no response is required. The Commission Advisory Opinions referenced in this paragraph speak 

for themselves. DENY that there is a less restrictive means to further the articulated interest. 

 17. DENY. 

“COUNT III – DECLARATORY JUDGMENT” 

“52 U.S.C. § 30111(e) [sic] IS UNCONSTITUTIONAL AS APPLIED”

 18. This paragraph contains defendants’ conclusions of law. The paragraph 

therefore requires no response. To the extent that a response may be deemed necessary, the 

allegation that the cited scrutiny level is applicable here is DENIED. 

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 19. To the extent that this paragraph contains defendants’ conclusions of law, 

no response is required. To the extent that a response to these legal conclusions may be deemed 

necessary, they are DENIED. The factual allegations in the paragraph are DENIED. 

 20. DENY. 

 21. DENY. 

DEFENDANTS’ PRAYER FOR RELIEF 

 The Court should deny defendants’ requested relief. 

PLAINTIFF FEDERAL ELECTION COMMISSION’S 

AFFIRMATIVE DEFENSE 

 Defendants’ counterclaims fail to state a claim upon which relief can be granted. 

Respectfully submitted, 

Lisa J. Stevenson 

Deputy General Counsel – Law 

lstevenson@fec.gov 

Kevin Deeley 

Acting Associate General Counsel 

kdeeley@fec.gov 

Harry J. Summers 

Assistant General Counsel 

hsummers@fec.gov 

 

Robert W. Bonham III 

Senior Attorney 

rbonham@fec.gov 

Case 1:15-cv-00017-LPS Document 22 Filed 08/14/15 Page 4 of 5 PageID #: 153
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/s/ Seth Nesin

Seth Nesin 

Attorney 

snesin@fec.gov 

August 14, 2015 FOR THE PLAINTIFF 

FEDERAL ELECTION COMMISSION 

999 E Street NW 

Washington, DC 20463 

(202) 694-1650 

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