UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF KENTUCKY 

CONWAY FOR SENATE, 

 Plaintiff, 

 v. 

FEDERAL ELECTION COMMISSION, 

999 E Street, NW 

Washington, DC 20463 

(202) 694-1650 

 Defendant. 

 Civ. No. 3:12cv-244-s 

 ANSWER 

DEFENDANT FEDERAL ELECTION COMMISSION’S 

ANSWER TO PLAINTIFF’S COMPLAINT 

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

undersigned counsel, responds to the Complaint filed by Conway for Senate as follows: 

GENERAL DENIAL 

 Any allegation not specifically responded to below is denied. 

SPECIFIC DENIALS AND RESPONSES 

1. This paragraph contains plaintiff’s characterization of the Complaint, which 

speaks for itself, and therefore no response is necessary. Insofar as this paragraph also contains 

plaintiff’s conclusions of law, no response is necessary. 

 2. Admit that the Commission made a final determination that plaintiff and 

R. Wayne Stratton, in his official capacity as treasurer of Conway for Senate, violated 2 U.S.C. 

§ 434(a) and that the Commission assessed a penalty in the amount of $4,950.00 under the 

schedule of penalties at 11 C.F.R. § 111.43. The remainder of this paragraph contains plaintiff’s 

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characterization of the Complaint, which speaks for itself, and therefore no further response is 

necessary. 

 3. Deny. 

 4. Admit. 

5. Admit. 

6. Admit. 

7. Admit. 

8. Admit that plaintiff is a principal campaign committee required to file a Year-End 

Quarterly Report by January 31 of the following calendar year, pursuant to 2 U.S.C. 

§ 434(a)(2)(A)(iii). Admit that in 2010 this Year-End Quarterly Report was required to cover 

activity from November 23 through December 31, 2010. Insofar as this paragraph also contains 

plaintiff’s conclusions of law about the filing requirements generally applicable to political 

committees, no response is necessary. 

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

the allegations in this paragraph. 

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

the allegations in this paragraph. 

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

the allegations in this paragraph. 

12. Admit that tracking records from Federal Express indicate a package was shipped 

from Jones, Nale, and Mattingly to the Office of Senate Public Records on January 25, 2011, 

with a tracking number 794355102161. Admit that a FedEx shipping label attached to plaintiff’s 

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Complaint appears to state “Wgt: 1.0 LB,” but deny that the FedEx tracking records establish 

that the package actually had a weight of 1.0 lb. 

13. Admit that the FedEx tracking records attached to plaintiff’s Complaint indicate 

that a package was delivered as stated in this paragraph. To the extent this paragraph 

incorporates the Affidavit of Lynn-Marie Johnson, Plaintiff’s Exhibit A, that document speaks 

for itself and no response is necessary. 

14. Admit that a copy of the Committee’s 2010 Year-End report that was received on 

May 16, 2011, by the Secretary of the Senate is available online at the URL provided. To the 

extent this paragraph suggests that the report was timely filed, it is denied. 

15. Admit. 

16. To the extent this paragraph characterizes plaintiff’s Complaint, that document 

speaks for itself and no response is necessary. Deny that the 2010 Year-End report was timely 

filed. 

17. The first sentence is denied. The remainder of the paragraph contains the 

plaintiff’s characterization of a judicial decision, which speaks for itself and to which no 

response is necessary. 

18. Admit that the Commission found reason to believe that a violation of 2 U.S.C. 

§ 434(a) occurred, and that the Commission later made a final determination and assessed a civil 

penalty against plaintiff and R. Wayne Stratton, in his official capacity as treasurer of Conway 

for Senate. 

19. Deny that Raymond Davis has ever been an FEC employee and deny that Mr. 

Davis has ever worked in the FEC’s Office of Public Records. The Commission is without 

knowledge or information sufficient to admit or deny the remainder of the first sentence. To the 

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extent this paragraph also contains plaintiff’s characterization of the Affidavit of Paula Pasley, 

Plaintiff’s Exhibit C, the document speaks for itself and no response is necessary. 

20. Admit. 

21. Admit that the Reviewing Officer recommended that the Commission make a 

final determination that a violation of 2 U.S.C. § 434(a) occurred and assess a civil penalty 

against plaintiff and R. Wayne Stratton, in his official capacity as treasurer of Conway for 

Senate. 

22. Admit. 

23. Admit that Mr. Stratton disputed a fact in the Reviewing Officer 

Recommendation, but the Commission is without knowledge or information sufficient to admit 

or deny any other factual allegation in this paragraph. To the extent this paragraph contains 

plaintiff’s characterization of Plaintiff’s Exhibit D, that document speaks for itself and no 

response is necessary. 

24. Admit. 

25. This paragraph contains plaintiff’s characterization of the Complaint, which 

speaks for itself, and therefore no response is necessary. 

 26. Deny. 

REQUEST FOR RELIEF 

 No response is required to plaintiff’s request for relief. To the extent these paragraphs 

contain any factual allegation, it is denied, and the Commission denies that any relief should be 

granted. 

 

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AFFIRMATIVE DEFENSE 

Plaintiff fails to state a claim upon which relief can be granted. 

 Respectfully submitted, 

Anthony Herman 

General Counsel 

David Kolker 

Associate General Counsel 

dkolker@fec.gov 

Lisa J. Stevenson 

Special Counsel to the General Counsel 

Harry J. Summers 

Assistant General Counsel 

hsummers@fec.gov 

s/ Greg J. Mueller 

Greg J. Mueller 

Attorney 

gmueller@fec.gov 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, DC 20463 

(202) 694-1650 

 July 18, 2012 

CERTIFICATE OF SERVICE

I hereby certify that on July 18, 2012, I electronically filed the foregoing Defendant 

Federal Election Commission’s Answer to Plaintiff’s Complaint through the CM/ECF system, 

which will send a notice of electronic filing to: 

Glenn D. Denton, Esq. 

Denton & Keuler, LLP 

555 Jefferson Street, Suite 301 

Paduchah, KY 42001 

gdenton@dklaw.com 

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