Election Law @ Moritz

Election Law Litigation

EMILY'S List v. Federal Election Commission

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(page last updated October 30, 2007 at 11:09 AM)

Case Information

All Courts: U.S. District Court for the District of Columbia (Case 1:05CV00049); U.S. Court of Appeals, District of Columbia (Case 05-5160)
Topic(s): Campaign Finance
State: Washington, D.C.
Date Filed: January 12, 2005
Date Ended: December 22, 2005


In this action Plaintiff, a political organization that makes disbursements to viable pro-choice candidates in federal and non-federal elections, alleges that the Federal Elections Commission ("FEC") exceeded its statutory authority in promulgating rules regarding solicitation and allocation of campaign contributions. Plaintiff alleges:

  1. The FEC's rules unlawfully restrict activities and funds that may be associated with federal as well as non-federal elections because regulation of non-federal elections exceeds the FEC's statutory authority.
  2. The FEC failed to comply with the requirement that a notice of a proposed rule be published in the Federal Register in order to allow interested persons a fair and meaningful opportunity to comment.
  3. These regulations violate its First Amendment rights, as the regulations do not purport to prevent corruption or the appearance of corruption.

Accordingly, Plaintiff asks the Court to enjoin the FEC from taking any action to administer and enforce these regulations.

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