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Federal Election Commission | United States of America
  • Tips for Treasurers

EMILY'S List v. FEC Update

April 26, 2010

On March 11, 2010, the Federal Election Commission adopted Final Rules to comply with the recent court order in EMILY’s List v. Federal Election Commission, 581 F.3d 1 (DC Cir. 2009) to vacate certain Commission regulations.  The vacated regulations, 11 CFR 100.57, 106.6(c), and 106.6(f), concern funds received in response to solicitations and the allocation of expenses by separate segregated funds (“SSFs”) and nonconnected committees.  The Commission also announced plans to undertake a new rulemaking to consider additional conforming changes consistent with the court decision.  Pending the completion of the second EMILY’s List rulemaking, the Commission is issuing the following interim guidance to the public and committees affected by the EMILY’s List decision, which is in addition to the Commission’s January 12, 2010 statement on the decision:

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.