UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

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WENDY E. WAGNER, 

LAWRENCE M.E. BROWN, and 

JAN W. MILLER, 

 Plaintiffs, 

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Civil Action No. 11-cv-1841-JEB 

FEDERAL ELECTION COMMISSION, 

 Defendant. 

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ANSWER 

 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

TO PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 

 Defendant Federal Election Commission (“FEC” or “Commission”) submits this answer 

to the Complaint for Declaratory and Injunctive Relief of plaintiffs Wendy E. Wagner, Lawrence 

M.E. Brown, and Jan W. Miller. Any allegation not specifically responded to below is DENIED. 

The Commission responds as follows to the numbered paragraphs of the Complaint: 

1. This paragraph contains plaintiffs’ characterization of the Complaint, which speaks 

for itself, and therefore no response is necessary. 

2. This paragraph contains plaintiffs’ characterizations of 2 U.S.C § 441c, 2 U.S.C. 

§ 437g(d)(1)(A), 11 C.F.R. § 115.2(a), and the Commission’s interpretation of 

2 U.S.C § 441c, which speak for themselves, and therefore no response is necessary. 

Insofar as this paragraph also contains conclusions of law, no response is necessary. 

3. This paragraph contains plaintiffs’ characterization of the legislative history of 

2 U.S.C. § 441c, which speaks for itself, and therefore no response is necessary. 

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

factual allegations in the first sentence of this paragraph. To the extent the paragraph 

contains plaintiffs’ characterization of the Federal Election Campaign Act, 2 U.S.C 

§§ 431-57, it speaks for itself, and therefore no response is necessary. Answering 

further, the Commission ADMITS that this Court has jurisdiction under 28 U.S.C. 

§ 1331, and DENIES 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 2 U.S.C. § 437h. 

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

factual allegations in this paragraph. The last sentence of this paragraph contains a 

conclusion of law, to which no response is necessary. 

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

factual allegations in this paragraph. 

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

factual allegations in the first two sentences of this paragraph. The Commission 

ADMITS that plaintiff Brown requested and received an advisory opinion from the 

Commission in 2008. The remainder of the paragraph contains plaintiffs’ description 

of Advisory Opinion 2008-11, which speaks for itself, and therefore no response is 

necessary. 

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

factual allegations in this paragraph. To the extent that the fifth sentence of this 

paragraph contains a legal conclusion regarding the scope of 2 U.S.C. § 441c, no 

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response is necessary. The last sentence of this paragraph contains a conclusion of 

law, to which no response is necessary. 

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

Insofar as this paragraph alleges that 2 U.S.C. § 441c treats plaintiffs differently from 

others who are similarly situated, the Commission DENIES this paragraph. 

10. This paragraph contains plaintiffs’ characterization of 18 U.S.C § 603, which speaks 

for itself, and therefore no response is necessary. 

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

factual allegations in this paragraph. The second sentence of this paragraph contains 

plaintiffs’ characterizations of 2 U.S.C. § 441c and 18 U.S.C. § 603, which speak for 

themselves, and therefore no response is necessary. Insofar as this paragraph alleges 

that 2 U.S.C. § 441c treats plaintiffs differently from others who are similarly 

situated, the Commission DENIES this paragraph. 

12. This paragraph contains plaintiffs’ characterization of 2 U.S.C. 

§ 441c, which speaks for itself, and therefore no response is necessary. Insofar as this 

paragraph also contains conclusions of law, no response is necessary. 

13. This paragraph contains plaintiffs’ characterizations of 2 U.S.C. § 441c and 11 C.F.R. 

§ 115.6, which speak for themselves, and therefore no response is necessary. Insofar 

as this paragraph also contains conclusions of law, no response is necessary. 

14. The first sentence of this paragraph contains conclusions of law; to the extent that the 

second sentence characterizes 48 C.F.R. § 1.601(a), it speaks for itself, and therefore 

no response is necessary. The Commission is without sufficient information to admit 

or deny the factual allegations in the second and third sentences of this paragraph. 

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15. This paragraph contains plaintiffs’ characterizations of the Fifth Amendment and the 

Supreme Court’s interpretation of that Amendment, which speak for themselves, and 

therefore no response is necessary. 

16. DENY. 

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

allegations in the second and third sentences of this paragraph. The Commission 

DENIES the remainder of this paragraph. 

18. The Commission DENIES the first sentence of this paragraph. The Commission is 

without sufficient information to admit or deny the factual allegations in the 

remainder of this paragraph. The third and fourth sentences of this paragraph contain 

conclusions of law and plaintiffs’ characterization of 2 U.S.C. § 441c, which speaks 

for itself, and therefore no response is necessary. 

19. DENY. 

PRAYER FOR RELIEF 

Plaintiffs are not entitled to the relief requested, or to any other relief. 

AFFIRMATIVE DEFENSE 

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

Respectfully submitted, 

Anthony Herman (D.C. Bar No. 424643) 

General Counsel 

David Kolker (D.C. Bar No. 394558) 

Associate General Counsel 

Harry J. Summers 

Assistant General Counsel 

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Holly J. Baker 

Attorney 

/s/ Seth Nesin 

Seth Nesin 

Attorney 

COUNSEL FOR DEFENDANT 

FEDERAL ELECTION COMMISSION 

999 E Street, NW 

Washington, DC 20463 

Telephone: (202) 694-1650 

December 19, 2011 Fax: (202) 219-0260 

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