FILED

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division 2015 SEP 22 P 3^ 13

CLERK US DISTRICT CCllRT

STOP HILLARY PAC and DAN BACKER, ) No. / ,' f

Plaintiffs, )

V. )

)

FEDERAL ELECTION COMMISSION, )

)

Defendant. )

)

VERIFIED COMPLAINT

When people join together to collectively engage in certain political activities relating to

federal elections, such as making campaign contributions or calling for the election or defeat of a

federal candidate, federal law requires them to create and act through entities called "political

committees." Each political committee is required to file reports detailing its activities with

Defendant Federal Election Commission ("FEC"); such reports publicly associate a committee,

under its legal name, with its contributors. Each such committee also must include disclaimers

bearing its legal name on all public communications, bulk e-mails, and websites.

Having mandated that nearly all collective political activity relating to federal elections

occur through political committees, the Federal Election.Campaign Act (the "FECA") goes on to

restrict the ability of those committees to adopt names that reflect their true purpose or their

supporters' beliefs. 52 U.S.C. § 30102(e)(4); see also 11 C.F.R. § 102.14. Federal law prohibits

political committees that are not authorized by a particular candidate from including the name of

a candidate in its name. Even when a committee is formed for the express, sole purpose of

defeating a particular candidate, it is forbidden from referring to that candidate in its name.

1

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Section 30102(e)(4)'s legislative history confirms the law's sole purpose is to prevent

confusion, by helping to protect members of the public who wish to contribute to a candidate's

official authorized committee from inadvertently contributing to a non-connected PAC. On its

face, § 30102(e)(4) is a grossly overbroad and unnecessarily restrictive means of attempting to

achieve that objective. Particularly as applied to committees that oppose candidates, such as "Stop

Hillary PAC," "Stop Schumer," and "Fire Pelosi," however, the law is completely indefensible.

The FEC has threatened Plaintiffs Stop Hillary PAC and Dan Backer with a burdensome

administrative process, substantial civil penalties, and even the threat of criminal prosecution, all

because the FEC is concerned that someone, somewhere might believe that Stop Hillary PAC is

candidate Hillary Rodham Clinton's official, authorized candidate committee. Such purely

speculative,hypothetical—^indeed, manufactured—concernsare a constitutionally invalid basis for

restricting a political association's fundamental First Amendment right to adopt a name that

reflects its importantmission. There is not a shred ofevidenceto suggest that, during the two-plus

years of Stop Hillary PAC's existence, even a single person has accidentally mistaken it for the

official or authorized committee of either Hillary Clinton or any other federal candidate whose

first or last name is Hillary. Section 30102(e)(4) substantially burdens political expression in an

unconstitutionally overbroad manner and, as applied to political committees that clearly and

unambiguously oppose a candidate, is patently absurd.

Jurisdiction and Venue

1. This Court has subject-matter jurisdiction over this case pursuant to 28 U.S.C.

§ 1331, as it arises under the First Amendment to the U.S. Constitution and concerns the

constitutionality of 52 U.S.C. § 30102(e)(4) and its implementing regulation, 11 C.F.R § 102.14.

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2. FECA's judicial review provision, 52 U.S.C. § 30110, provides that this Court

"immediately shall certify all questions of constitutionality" of FECA raised by Plaintiff Dan

Backerto the U.S. Court ofAppeals for the Fourth Circuit, sitting en banc.

3. Venue is proper in this Court under 28 U.S.C. § 1391(e)(l)(B)-(C), because the

defendant is an agency ofthe UnitedStates, a substantial part of the events and omissions giving

rise to the claim occurredin this district,and PlaintiffsStop HillaryPAC,see id. § 1391(c)(2), and

Dan Backer reside here.

PARTIES

4. PlaintiffSTOP HILLARY PAC is a non-connected hybrid political committee, see

Carey v. FEC, 791 F. Supp. 2d 121 (D.D.C. 2011), colloquially referred to as a "political action

committee" ("PAC"), that maintains its principal place of business in Alexandria, Virginia.

5. PlaintiffDAN BACKER is an individual eligible to vote for the office ofPresident.

He resides in Alexandria, Fairfax County, Virginia.

6. Defendant FEDERAL ELECTION COMMISSION ("FEC") is located in

Washington, D.C. It is responsible for enforcing federal election law, including FECA.

FEDERAL RESTRICTIONS ON POLITICAL COMMITTEE NAMES

7. Individuals wishing to join together to pacticipate in the political process generally

must do so through a political committee. An association or group ofpersons must form a political

committee ifit receives more than $1,000 in a year in contributions, or spends more than $1,000 a

year on election-related expenditures. 52 U.S.C. § 30101(4).

8. Federal law requires each political committee to have a treasurer. 52 U.S.C.

§ 30102(a). The treasurer is responsible for accepting all contribution to the committee, id.

§ 30102(b)(l)-(2), authorizing all expenditures, id. § 30102(a), maintaining the committee's

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records, id. § 30102(c)-(d), and filing all required reports with the FEC, id. § 30104(a). Each

report must list the name

9. 52 U.S.C. § 30102(e)(4) specifies that if a political committee is not authorized by

a federal candidate, "such political committee shall not include the name of any candidate in its

name."

10. The FEC's regulations implementing § 30102(e)(4) create a few narrow exceptions:

a. A committee formed for the sole purpose ofinfluencing the selection ofone

or more delegates to a national presidential nominating convention may include the name ofthe

presidential candidate the delegate(s) support(s). 11 C.F.R. § 102.14(b)(1).

b. A committee formed solely to draft or encourage a person to become a

candidate may include the candidate's name, so long as the committee specifies that it is a draft

committee. 11 C.F.R. § 102.14(b)(2).

c. A committee may use the name of a candidate in the title of a "special

project name or other communication"—^but not in the name ofthe committee itself—ifthe title

clearly and unambiguously shows opposition to the candidate. 11 C.F.R. § 102.14(b)(3).

The FEC's Threats Against Plaintiffs for Incorporating

a Candidate's Name into the Name of Stop Hillary PAC

11. Dan Backeris the PrincipalAttorneyofDB Capitol StrategiesPLLC in Alexandria,

Virginia. He practices almost exclusively in the area of campaign finance and political law and

has represented or currently represents numerous candidate committees, political party

committees, PACs, SuperPACs, hybrid PACs, and other participants in the federal electoral

process, including serving as Treasurer for several PACs*.

12. On May 16,2013, Backer filed a Statement ofOrganization with the FEC for Stop

Hillary PAC. The Statement of Organization specified that the PACs name was "Stop Hillary

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PAC" and that Backer was the treasurer. A true and complete copy of the Statement of

Organization is attached to the Complaint as Exhibit 1. Backer remains Stop Hillary PAC's

treasurer, and is both a member and supporter ofthe PAC.

13. At the time Backer prepared and filed the Statement of Organization for Stop

Hillary PAC, he was aware that the PAC's name contained a reference to "Hillary," which was

intended as a reference to then-Secretary of State Hillary Rodham Clinton. At that time, Backer

also was aware of 52 U.S.C. § 30102(e)(4)'s prohibition on including candidate names in the

names ofPACs. He believed that Hillary Rodham Clinton was certain to seek the 2016 Democratic

Party nomination for the office of President ofthe United States.

14. Hillary Rodham Clinton officiallybecame a candidatefor the office ofPresident of

the United States on or about April 13, 2015.' At the time. Backer knew she had officially

registered as a candidate yet, as Stop Hillary PAC's treasurer, did not amend the committee's

registration withthe FECto changeits name. Thus, Backerintentionally, knowingly, and willfully

failed to comply with § 30102(e)(4)'s unconstitutional restriction on the fundamental First

Amendment rights of himself, his clients. Stop Hillary PAC, and its hundreds of thousands of

supporters and contributors.

15. On April 27,2015, the FEC sent a "Request for Additional Information" ("RFAI")

to "DAN BACKER, TREASURER[,] STOP HILLARY PAC." The RFAI stated, "Your

committee's name includes the name ofa candidate; however, your committee does not appear to

' In January 2014, Stop Hillary PAC filed an administrative complaint withthe FEC alleging that

Clinton actually became a "candidate" more than a year earlier, by coordinating with and assisting

Ready for Hillary, an ostensibly non-connected PAC. After the FEC failed to take action on the

complaint for over a year. Stop Hillary sued in the U.S. District Court for the District ofColumbia

to challenge the agency's arbitrary and capricious refusal to act. See Stop Hillary PAC v. FEC,

No. 1:14-CV-2080(KBJ)(D.D.C. dismissed Feb. 17,2015). Shortly thereafter, the FEC voted to

refi-£iin from commencing an investigation or administrative proceedings against Clinton and

dismissed the administrative complaint, leading Stop Hillary PAC to withdraw its lawsuit.

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be authorized by a candidate." The RFAI went on to direct that, if Stop Hillary PAC were not a

candidate-authorized committee—^the RFAI did not identify a particular candidate who would

have to authorize it—^Backer must amend its Statement of Organization to change its name "so

that it does not include the candidate's name and/or provide fiirther clarification regarding the

nature of your committee." A true and correct copy ofthe RPAI is attached to this Complaint as

Exhibit 2.

16. Backer, on behalf of Stop Hillary PAC, responded to the RPAI by refusing to

change the committee's name, asserting constitutional objections to the committee's demand, and

vehemently expressing his policy objections to the regulations, pointing out several absurd

implications and consequences. Backer prepared this response himself, without assistance or input

from any outside counsel.

17. The FEC subsequently contacted Backer by telephone to demand that he change

Stop HillaryPAC's name by June 11,2015, or else face "referral for enforcement." Backeragain

refused, both orally and in writing, to change the committee's name. The FEC subsequently

threatened an audit and attempted to commence Alternate Dispute Resolution procedures against

Stop HilaryPAC and/orBackerto attemptto inducethe committeeto changeits name,but Backer

declined to participate. Backer prepared all written submissions to the FEC himself, without

assistance or input from any outside counsel.

18. On September 8,2015, the FEC sent a letter to Stop Hillary PAC and Dan Backer,

declaring that they "may have violated" FECA, and that the matter has been referred to the FEC's

Office of General Counsel for "possible enforcement action." A true and complete copy of the

letter from the FEC has been attached to the Complaint as Exhibit 3.

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19. The letter states that Stop Hillary PAC and Backer have failed to remove the name

of a federal candidate, Hillary Rodham Clinton, from the name of Stop Hillary PAC, in violation

of52 U.S.C. § 30102(e)(4).

20. The letter further states that the FEC was giving Stop Hillary PAC and Backer the

opportunity to "demonstrate in writing that no action should be taken." It specified that if they

failed to file a response, the FEC "may take further action."

21. The letter further threatens that the FEC "has the statutory authority to refer

knowing and willful violations of the Act to the Department of Justice for potential criminal

prosecution" under 52 U.S.C. § 30109(a)(5)(C). Thus, the FEC has threatened Stop Hillary PAC

and Backer with criminal prosecution for engaging in constitutionally protected conduct, and the

FEC is attempting to leverage the threat ofsuch prosecution to attempt to coerce Stop Hillary PAC

into changing its name into something that does not clearly convey the committee's mission.

22. Stop Hillary PAC and Backer face the prospect ofa lengthy administrative process,

as well as civil penalties of up to $10,000, for their decision to exercise their fundamental First

Amendment rights by adopting a political committee name that reflects the committee's true

purpose. 52 U.S.C. § 30109(a)(6)(C). The FEC also believes that, despite statutory restrictions

on its power to refer matters for criminal prosecution, see 52 U.S.C. § 30109(a)(5)(C) (specifying

that the FEC may refer intentional and knowing violations of campaign finance law to the

Department ofJustice only for matters subject to 52 U.S.C. § 30109(d), which does not mention §

30102(e)(4)), it has discretion to refer Stop Hillary PAC's and Backer's knowing and willful

violation ofthe statute to the Department ofJustice for criminal prosecution. See Compl. Ex. 3,

at 1 n.2.

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Chilling Effect on Dan Backer's Future Activities

23. Dan Backer has for some time engaged in discussion with others about the creation

of political committees named "Stop Schumer PAC" and "Fire Pelosi." He intends to serve as

counsel and treasurer ofthose PACs to facilitate the speech and associational rights ofthose who

will directly establish, maintain, finance, and control them. But for 52 U.S.C. § 30102(e)(4)'s

prohibition on including candidates' names in the names of political committees, and ongoing

harassment by the FEC, Backer would have formed those committees under those names.

24. The mission and purpose of Stop Schumer PAC will be to make contributions to,

and independent expenditures in support of, candidates who will oppose the re-election of New

York Senator Chuck Schumer, who is a candidate for federal office and maintains a candidate

committee; support other candidates in an attempt to prevent him from amassing the votes in the

Senate necessary to become Senate Majority Leader; and make other, ongoing public

communications against him and his political record.

25. The mission and purpose of Fire Pelosi will be to make contributions to, and

independent expenditures in support of, candidates who will oppose California Representative

Nancy Pelosi, who is a candidate for federal office and maintains a candidate committee. Fire

Pelosi also will make ongoing public communications critical ofher and her political record in the

hope of disrupting her re-election to Leader ofthe House Democratic Caucus.

26. Backer does not wish to form these entities imder any other name because "Stop

Schumer PAC" and "Fire Pelosi" accurately reflect the missions and goals ofthese committees in

a direct, unambiguous manner. Compelling him to associate with other like-minded members of

the public under an alternate, vaguer name would be less effective and satisfactory and inevitably

affect the nature ofthe organization and its ability to attract supporters.

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27. Backer also reasonably expects to serve as treasurer and counsel to other groups

that wish to form political committees that include the names ofcandidates in their names. In that

capacity, he would be asked and expected to prepare and file Statements of Organization on their

behalf bearing the purportedly illegal committee name. •

CAUSES OF ACTION

COUNTI

(by Plaintiff Stop Hillaiy PAC)

52 U«S.C. S 30102(eV4) Facially Violates the First Amendment

28. Plaintiff Stop Hillary PAC hereby incorporates by reference and re-alleges the

allegations in the preceding paragraphs.

29. Stop Hillary PAC is a non-connected political committee that incorporatesthe name

ofa candidate, Hillary Clinton, in its name.

30. 52 U.S.C. § 30102(e)(4) prohibits non-connected political committees from

adopting names that incorporate the name of a candidate.

31. 52 U.S.C. § 30102(e)(4), as interpreted and applied by the FEC, requires a political

committee to change its name, even ifthat name were permissible at the time ofthe committee's

creation, if its name contains the name of a person who later decides to become a candidate

(regardless of whether the committee even intended its name to constitute a reference to that

person).

32. The name of a political committee is a constitutionally protected form of political

speech entitled to maximum protection under the First Amendment. The committee name must

appear on all statutorily required FEC filings and disclaimers on political communications.

33. Political committees also are constitutionally protected forms of political

association entitled to maximum protection under the First Amendment. A committee's name

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reflects its purpose, mission, and values, and helps shape the nature ofthe entity. A committee's

name also is an importantfactor in attractingpublic support.

34. Stop Hillary PAC incorporates the first name of Hillary Rodham Clinton, a

candidate for federal office.

35. The mission and objective of Stop Hillary PAC is to engage in political advocacy,

make political contributions and expenditures, and organize supporters to help stop Hillary

Rodham Clinton from becoming President ofthe United States.

36. No reasonable person could believe that Stop Hillary PAC is Hillary Rodham

Clinton's official campaign committee, candidate committee, or other authorized committee.

37. Neither the FEC, Clinton herself, Clinton's authorized campaign committee, nor

the Clinton campaign has identified a single person who mistakenly believed that Stop Hillary

PAC was Clinton's authorized candidate committee, or that Stop Hillary PAC was in any way

attempting to facilitate her selection as the Democratic nominee for President or ultimate election

as President.

38. The FEC cannot point to a single example where a candidate (for example,

"Smith") for federal office adopted a clear, unambiguously negative name such as "Stop Smith,"

"Fire Smith," "Americans in Opposition to Smith," "Committee to Un-Elect Smith," "We Hate

Smith PAC," "Smith is Evil PAC," or "Citizens United Against Smith," for his or herauthorized

candidate committee.

39. The name Stop Hillary PAC clearly, succinctly, and accurately reflects the

committee's mission, purpose, and values. No other name would have a comparable effect. Any

other name would be either vaguer or less accurate.

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40. The FEC has threatened Stop Hillary PAC with adverse administrative and civil

action, and the threat of criminal prosecution, for adopting and refusing to change its name in

violation of 52 U.S.C. § 30102(e)(4), and the PAC already has incurred substantial costs in

opposing the FEC's actions and attemptingto retain its name.

41. 52 U.S.C. § 30102(e)(4) imposes a substantial burden on Stop Hillary PAC's

fundamental First Amendmentrights, does not further an important or compelling governmental

interest, is not closely or narrowly tailored to achieving any such interests, and is facially

unconstitutional under the First Amendment.

COUNT 11

(by Plaintiff Dan Backer)

52 U.S.C. S 30102(e)(4) Facially Violates the First Amendment

42. PlaintiffDan Backer hereby incorporates by reference and re-alleges the allegations

in the preceding paragraphs.

43. Backer is counsel and treasurer to Stop Hillary PAC, as well as an ardent supporter

of both the PAC and its (presently self-evident) objective.

44. Upon receiving the FEC's April 2015 RFAI, Backer knew that Stop Hillary PAC's

name included the word "Hillary," which is also the first name of presidential candidate Hillary

Rodham Clinton (as well as an unknown number of other federal and state candidates).

45. Despite his awareness of52 U.S.C. § 30102(e)(4), Backer knowingly, intentionally,

and willfully refused to change Stop Hillary PAC's name.

46. The FEC has threatened Backer with burdensome administrative proceedings, the

possibility of substantial civil penalties, and even criminal prosecution, which might result in

imprisonment, probation, the loss of his law license, pervasive monitoring, and other harsh

sanctions.

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47. Backer presently intends to form other political committees to oppose federal

candidates, including "Stop Schumer PAC" and "Fire Pelosi," and would have done so but for the

chilling effect of 52 U.S.C. § 30102(e)(4) and the FEC's threat of burdensome administrative

proceedings, substantial civil penalties, and criminal prosecution.

48. The name of Stop Hillary PAC reflects Backer's staunch opposition to candidate

Hillary Rodham Clinton, is the banner under which he wishes to associate with like-minded

individuals, and clearly conveys the values ofthe organization he wishes to assist.

49. 52 U.S.C. § 30102(e)(4) imposes a substantial burden on Backer's fundamental

First Amendment rights, does not further an important or compelling governmental interest, is not

closely or narrowly tailored to achieving any such interests, and is facially unconstitutional under

the First Amendment.

COUNT III

(by Plaintiff Stop Hillary PAC)

52 U.S.C. § 30102(e)(4) Violates the First Amendment as Applied to Political

Committees With Names That Unambiguously Oppose a Federal Candidate

50. Plaintiff Stop Hillary PAC hereby incorporates by reference and re-alleges the

allegations in the preceding paragraphs. *

51. The stated purpose of 52 U.S.C. § 30102(e)(4) is to prevent voter confusion. The

statute purportedly ensures that voters are not misled into believing that a committee that bears a

candidate's name is an official, authorized committee ofthat candidate.

52. No reasonable person could believe that a committee with a clear, unambiguously

negative name such as Stop Hillary PAC might be Hillary Rodham Clinton's principal campaign

committee or other authorized conmiittee.

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53. 52 U.S.C § 30102(e)(4) is unconstitutional as applied to non-connected political

committees that bear a clear, unambiguously negative name, including but not limited to "Stop X,"

"Fire X," or "Boot X."

COUNT IV

(by Plaintiff Dan Backer)

52 U.S.C. § 30102(e)(4) Violates the First Amendment as Applied to Political

Committees With Names That Unambiguously Oppose a Federal Candidate,

as well as Such Committees* Treasurers and Other Officers

54. PlaintiffDan Backer hereby incorporates by reference and re-alleges the allegations

in the preceding paragraphs.

55. Backer faces the prospect of burdensome administrative proceedings, substantial

civil penalties, and criminal prosecution for his knowing, intentional, and willful defense of his

(and others') constitutional rights to speech and association through his refusal to change Stop

Hillary PAC's name.

56. The threat of administrative, civil, and criminal proceedings for violations of

§ 30102(e)(4) has chilled Backer from engaging in constitutionally protected conduct by forming

other non-connected political committees that bear clear, unambiguously negative references to

candidates' names, such as "Stop Schumer PAC" and "Fire Pelosi."

57. 52 U.S.C. § 30102(e)(4) imposes a substantial bxirden on Backer's fundamental

First Amendment rights, does not further an important or compelling governmental interest, is not

closely or narrowly tailored to achieving any such interests, and is unconstitutional under the First

Amendment as applied to the formation or maintenance of non-connected political committees

with names that contain clear, unambiguously negative references to the names of federal

candidates.

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COUNT V

(by Plaintiffs Stop Hillary PAC and Dan Backer)

11 C.F.R. S 102.14(b) Facially Violates the First Amendment

58. Plaintiffs hereby incorporate by reference and re-allege the allegations in the

preceding paragraphs.

59. 11 C.F.R. § 102.14, the FEC's implementing regulations for 52 U.S.C.

§ 30102(e)(4), create several speaker- and content-based exceptions to § 30102(e)(4)'s seemingly

categorical prohibition on non-connected committees' use of candidate names. The FEC's

regulations provide:

(b)(1) A delegate committee, as defined at 11 CFR 100.5(e)(5), shall include the

word delegate(s) in its name and may also include in its name the name of the

presidential candidate which the delegate committee supports.

(2) A political committee established solely to draft an individual or to encourage

him or her to become a candidate may include the name ofsuch individual in the

name ofthe committee provided the committee's name clearly indicates that it is a

draft committee.

(3) An unauthorized political committee may include the name of a candidate in

the title of a special project name or other communication if the title clearly and

unambiguously shows opposition to the named candidate.

11 C.F.R. § 102.14.

60. The FEC's decision to selectively allow only certain non-connected committees to

use candidates' names, while refusing to permit other non-connected committees to do so, is

unconstitutional speaker- and content-based discrimination in violation ofthe First Amendment.

COUNT VI

(by Plaintiffs Stop Hillary PAC and Dan Backer)

11 C.F.R. § 102.14(b) Violates the First Amendment as Applied to Political

Committees With Names That Unambiguously Oppose a Federal Candidate

61. Plaintiffs hereby incorporate by reference and re-allege the allegations in the

preceding paragraphs.

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62. The FEC's decision to selectively allow certain non-connected committees to use

candidates' nameswhenthere is little or no possibility of public confusion, while refusing to

permitothernon-connected committees to do so, despite the sameabsence ofa possibility of

confusion, is unconstitutional speaker- and content-based discriminatiorL Thus, 11 C.F.R.

§ 102.14(b) violates the First Amendment as applied to non-connected conmiittees that wish to

adopt names which include clear, unambiguously negative references to federal candidates.

COUNT VII

(by Plaintiffs Stop Hillary PAC and Dan Backer)

11 C.F.R. S 102.14(b) Violates the Equal Protection Component ofthe Due Process Clause

63. Plaintiffs hereby incorporate by reference and re-allege the allegations in the

preceding paragraphs.

64. The Fifth Amendment's Due Process Clause conveys protections against

discrimination by the federal government co-extensive with those that the Fourteenth

Amendment's Equal Protection Clause imposes against action by state and local governments.

65. Restrictions on the names of political committees abridge fundamental rights to

fireedom of speech and association protected by the First Amendment. Such restrictions trigger

heightened or strict scrutiny under the Equal Protection Clause and Equal Protection component

ofthe Fifth Amendment Due Process Clause.

66. 11 C.F.R. § 102.14 violates the Fifth Amendment's Equal Protection guarantees by

allowing only some non-connected political committees to adopt names that include the names of

federal candidates, while allowing for civil and criminal penalties against other committees that

do so.

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COUNT VIII

(by Plaintiffs Stop Hillaty PAC and Dan Backer)

11 C.F.R. § 102.14(b) Violates the Equal Protection Component

ofthe Due Process Clause as Applied to Political Committees

With Names That Unambiguously Oppose a Federal Candidate

67. Plaintiffs hereby incorporate by reference and re-allege the allegations in the

preceding paragraphs.

68. A non-connected political committee whose name clearly and unambiguously

opposes a candidate poses no risk that the public will believe that the candidate authorized that

committee to act on its behalf.

69. 11 C.F.R. § 102.14 violates the Fifth Amendment's Equal Protection guarantees by

allowing only some non-connectedpolitical committees to adopt names that include the names of

federal candidates on the grounds that they do not pose a risk ofpublic confusion, while prohibiting

committees that wish to adopt names that clearly and unambiguously oppose particular candidates

from doing so, despite the same absence of confusion.

70. 11 C.F.R. § 102.14therefore violates the Equal Protection Clause as applied to nonconnected political committees that wish to adopt and maintain names that clearly and

unambiguously oppose federal candidates.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for the following relief:

1. A declaratory judgment that:

a. 52 U.S.C. § 30102(e)(4) violates the First Amendment, either facially or as

applied to non-connected political committees that wish to adopt a name clearly and

unambiguously opposing a federal candidate; and

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b. 11 C.F.R. § 102.14 violates the First Amendment and/or Equal Protection

Clause, either facially or as applied to non-connected political committees that wish to adopt a

name clearly and unambiguously opposing a federal candidate.

2. An injunction:

a. Prohibiting the PEC from enforcing or attempting to enforce 52 U.S.C.

§ 30102(e)(4), either completely or against non-connected political committees (as well as their

treasurers, attorneys, agents, officers, or members), that wish to adopt and/or maintain names that

clearly and unambiguously oppose one or more federal candidates.

b. Prohibiting the FEC from enforcing or attempting to enforce 11 C.F.R.

§ 102.14, either completely or against non-connected political committees (as well as their

treasurers, attorneys, agents, officers, or members), that wish to adopt and/or maintain names that

clearly and imambiguously oppose one or more federal candidates.

c. Prohibiting the FEC from threatening and/or commencing administrative,

civil, or criminal proceedings against Stop Hillary PAC or Dan Backer.

3. Costs and attorneys' fees pursuant to any applicable statute or authority, including

but not limited to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

4. Such other relief as this Court deems just and appropriate.

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Dated this 22st day ofSeptember, 2015.

DanBacker,£sq.

Virginia State Bar # 78256

DB Capitol Strategies PLLC

203 South Union Street, Suite 300

Alexandria, VA 22314

Phone: (202)210-5431

Fax: (202) 478-0750

E-mail: DBacker@DBCapitolStrategies.com

Attorneyfor PlaintiffStop Hillary PAC

Respectfully submitted.

Michael T. Morley

Virginia State Bar #65762

CooLiDGE Reagan Foundation

1629 K Street, Suite 300

Washington, DC 20006

Phone: (860)778-3883

Fax: (202)331-3759

E-mail: michaelmorlevesq@,hotmail.com

Attorneyfor PlaintiffDan Backer

VERIFICATION

I, Dan Backer,declare under penalty ofpequry that the foregoingis true and correct to

the best ofmy personal knowledge. Executed on September 22,20IJ^

Dan Backer

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

STOP HILLARY PAC and DAN BACKER,

Plaintiffs,

V.

FEDERAL ELECTION COMMISSION,

Defendant.

No.

CERTIFICATE OF SERVICE

I hereby certify that, on this Tuesday, September 22,2015, a true and correct copy ofthe

foregoing Verified Complaint was sent by certified mail, postage prepaid, to:

Federal Election Commission

999 E Street N.W.

Washington, D.C. 20463

U.S. Attorney General

U.S. Department ofJustice

950 Pennsylvania Avenue N.W.

Washington, D.C. 20530

United States Attorney for the Eastern District ofVirginia

2100 Jamieson Avenue

Alexandria, VA 22314

Dan Backer,^sq.

Virginia State Bar # 78256

DB Capitol Strategies PLLC

203 South Union Street, Suite 300

Alexandria, VA 22314

Phone: (202)210-5431

Fax: (202)478-0750

E-mail: DBacker@,DBCapitoiStrategies.com

Attorneyfor PlaintiffStop Hillary PAC

Michael T. Morley

Virginia State Bar #65762

CooLiDGE Reagan Foundation

1629 K Street, Suite 300

Washington, DC 20006

Phone: (860)778-3883

Fax: (202)331-3759

E-mail: michaelmorlevesq@.hotmail.com

Attorneyfor PlaintiffDan Backer

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