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EMILY's List v. Federal Election Commission

September 21, 2009

. On September 18, the U.S. Court of Appeals for the District of Columbia Circuit reversed the decision of the district court in Emily’s List v. Federal Election Commission and ordered that the district court vacate the challenged regulations. The regulations at issue concern funds received in response to solicitations (11 C.F.R. 100.57), the method for allocating administrative expenses, costs of generic voter drives, and certain public communications (11 C.F.R. 106.6(c)), and payments for public communications and voter drives that refer to one or more clearly identified federal or non-federal candidates (11 C.F.R. 106.6(f)). At this time, the FEC is reviewing the court’s opinion; please watch this space and the Record newsletter for future developments.