UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

____________________________________

 ) 

LIBERTARIAN NATIONAL ) 

COMMITTEE, INC., ) 

 ) Civ. No. 16-121 (BAH) 

 Plaintiff, ) 

 ) 

 v. ) 

 ) 

FEDERAL ELECTION COMMISSION, ) ANSWER 

)

 Defendant. ) 

____________________________________)

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER AND 

AFFIRMATIVE DEFENSES 

Defendant Federal Election Commission (“FEC” or “Commission”) responds to the 

Complaint filed by plaintiff Libertarian National Committee, Inc. (“LNC”) as follows: 

GENERAL DENIAL 

Any allegation not specifically responded to below is DENIED. 

SPECIFIC DENIALS AND RESPONSES 

The six unnumbered paragraphs directly under the heading “Introduction” summarize 

LNC’s complaint and contain conclusions of law, and so no response is required. DENY that the 

cited provisions of the Federal Election Campaign Act, 52 U.S.C. §§ 30101-146 (“FECA”), are 

unconstitutional. The Commission responds as follows to the numbered paragraphs of the 

Complaint: 

1. ADMIT that LNC is the national committee of the Libertarian Party of the United 

States and that LNC maintains an office in Alexandria, Virginia. The Commission is without 

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

paragraph.

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2. ADMIT that the Commission is the federal government agency charged with the 

administration and civil enforcement of FECA. 

3. DENY that this Court has subject-matter jurisdiction over this matter. DENY that 

the matter should be immediately certified to the United States Court of Appeals for the District 

of Columbia Circuit for consideration en banc pursuant to 52 U.S.C. § 30110. It is the 

responsibility of a district court in matters brought under section 30110 to create a factual record 

and determine which constitutional claims, if any, merit certification to the Court of Appeals. 

4. ADMIT that venue is proper in this Court. 

5. This paragraph contains LNC’s characterization of a federal statute, which speaks 

for itself. 

6. This paragraph contains LNC’s characterization of a federal statute, which speaks 

for itself, and contains conclusions of law, to which no response is required. 

7. This paragraph contains LNC’s characterization of a federal statute, which speaks 

for itself, and contains conclusions of law, to which no response is required. 

8. ADMIT that the FEC has taken the position in this Court that FECA does not 

forbid “a national party committee like LNC to solicit a bequest that exceeds FECA’s annual 

contribution limits, so long as that party committee accepts or receives funds from that bequest 

only in amounts that comply with FECA’s annual contribution limits and in a manner consistent 

with the Commission’s relevant regulations and advisory opinions.” Def. FEC’s Answer and 

Affirmative Defense to the First Am. Compl. ¶ 2, Libertarian Nat’l Comm. v. FEC, 1:11-cv-562, 

ECF No. 15 (D.D.C. June 13, 2011). This paragraph contains conclusions of law, to which no 

response is required. The remainder of this paragraph is DENIED. 

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9. ADMIT that the annual limit on contributions to national party committees for 

2015-2016 was $33,400, except that a $100,200 limit applied to contributions to each separate, 

segregated account of a national party committee which is used solely to defray expenses 

incurred with respect to (1) a presidential nominating convention; (2) the construction, purchase, 

renovation, operation, and furnishing of one or more headquarters buildings of the party; or (3) 

the preparation for and the conduct of election recounts and contests and other legal proceedings. 

52 U.S.C. § 30116(a)(9). ADMIT that these limits are indexed for inflation. 

10. ADMIT that the term “testamentary estate” does not appear in FECA’s definition 

of the term “person” contained in 52 U.S.C. § 30101(11). ADMIT that the FEC has interpreted 

52 U.S.C. § 30116(a)(1) to apply to bequests from testamentary estates. 

11. This paragraph contains conclusions of law, to which no response is required, and 

LNC’s characterizations of the Commission’s advisory opinions, which speak for themselves. 

To the extent a response is required, ADMIT that the Commission has issued advisory opinions 

concluding that a political committee of a national party may not accept a distribution from a 

testamentary estate that exceeds the federal contribution limit applicable to living individuals, 

and further concluded that the committee may exercise no control over funds from a single 

bequest in excess of those annual contribution limits. 

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

the factual allegations in this paragraph. 

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

the factual allegations in this paragraph. 

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

the factual allegations in this paragraph. This paragraph also contains conclusions of law, to 

which no response is required. 

15. Admit that LNC reported to the Commission receiving contributions from Joseph 

Shaber totaling $750 in 2011 and $1,200 in 2012. The Commission is otherwise without 

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

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

the factual allegations in this paragraph. 

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

the factual allegations in this paragraph. 

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

the factual allegations in this paragraph. 

19. ADMIT that LNC reported receiving a contribution from Joseph Shaber in the 

amount of $33,400 in 2015. DENY that LNC could not accept the entire Shaber bequest at once.

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

factual allegations in this paragraph. 

20. This paragraph contains LNC’s characterization of an Escrow Agreement, which 

speaks for itself. ADMIT that the LNC has reported to the Commission receiving a contribution 

from Joseph Shaber in the amount of $33,400 in 2016. The Commission is without knowledge 

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

21. The Commission incorporates by reference all responses contained in the 

preceding paragraphs. 

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22. DENY that a promise to provide funds to a political party by bequest cannot 

create actual or apparent corruption and cannot be used to circumvent contribution limits to 

political candidates. The Commission is without knowledge or information sufficient to admit or 

deny the remaining factual allegations in this paragraph. This paragraph also contains 

conclusions of law, to which no response is necessary. 

23. Admit that no Libertarian candidate has been elected to federal office since at 

least 1982. The Commission is otherwise without knowledge or information sufficient to admit 

or deny the factual allegations in this paragraph. 

24. This paragraph contains conclusions of law, to which no response is necessary, 

and LNC’s characterizations of judicial decisions, which speak for themselves. 

25. This paragraph contains conclusions of law, to which no response is necessary, 

and LNC’s characterizations of a judicial decision, which speaks for itself. 

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

the factual allegations in this paragraph. This paragraph also contains conclusions of law, to 

which no response is necessary.

27. DENY that the application of 52 U.S.C. §§ 30116(a)(1)(B) and 30125 to 

decedents’ bequests violates the First Amendment. This paragraph also contains conclusions of 

law, to which no response is necessary. The Commission is without knowledge or information 

sufficient to admit or deny the factual allegations in this paragraph. 

28. The Commission incorporates by reference all responses contained in the 

preceding paragraphs. 

29. DENY that 52 U.S.C. §§ 30116 and 30125 discriminate based on the content of 

LNC’s speech. This paragraph also contains conclusions of law, to which no response is 

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

remaining factual allegations in this paragraph. 

30. This paragraph contains conclusions of law, to which no response is necessary.

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

allegations in this paragraph. 

31. DENY. 

32. The Commission incorporates by reference all responses contained in the 

preceding paragraphs. 

33. This paragraph contains conclusions of law, to which no response is necessary.

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

factual allegations in this paragraph. 

34. DENY. 

PRAYER FOR RELIEF 

No response is required, but the relief requested by LNC should be denied. 

AFFIRMATIVE DEFENSES 

1. The Court lacks subject-matter jurisdiction over plaintiff’s claims. 

2. Count I of the Complaint is barred by issue preclusion in light of Libertarian

Nat’l Comm. v. FEC, 930 F. Supp. 2d 154 (D.D.C. 2013), aff’d in relevant part, No. 13-5094, 

2014 WL 590973 (D.C. Cir. Feb. 7, 2014) (unpublished disposition). 

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Respectfully submitted, 

Lisa J. Stevenson (D.C. Bar No. 457628)

Acting General Counsel 

kstevenson@fec.gov

Kevin Deeley 

Associate General Counsel 

kdeeley@fec.gov

 

Harry J. Summers 

Assistant General Counsel 

hsummers@fec.gov

Kevin P. Hancock 

 Attorney 

 khancock@fec.gov 

/s/ Jacob S. Siler 

Jacob S. Siler (D.C. Bar No. 1003383) 

Attorney

jsiler@fec.gov 

FEDERAL ELECTION COMMISSION

999 E Street NW 

 Washington, DC 20463 

January 17, 2017 (202) 694-1650 

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