UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

EMILY’S LIST, ) 

) 

 Plaintiff, ) Civ. No. 05-0049 (CKK) 

 ) 

 v. ) 

) 

FEDERAL ELECTION COMMISSION, ) ANSWER 

) 

 Defendant. ) 

DEFENDANT FEDERAL ELECTION COMMISSION’S ANSWER 

TO PLAINTIFF’S COMPLAINT FOR DECLARATORY 

AND INJUNCTIVE RELIEF 

 Defendant Federal Election Commission (“FEC” or “Commission”) through its 

undersigned counsel responds as follows to the original complaint in this litigation, 

denying everything not given a specific response. 

1. This paragraph describes plaintiff’s judicial complaint, a document that 

speaks for itself, and no response is required. 

2. This paragraph describes the Federal Election Campaign Act, as amended, 

2 U.S.C. 431-455 (“FECA”), which speaks for itself, and no response is required. To the 

extent this paragraph attempts to describe Congress’s intent in creating the FEC, that 

legislative history speaks for itself. 

3. The Commission ADMITS that it initiated a rulemaking in 2004 and 

issued final rules on November 23, 2004. See Political Committee Status, Definition of 

Contribution, and Allocation for Separate Segregated Funds and Nonconnented 

Case 1:05-cv-00049-CKK Document 15 Filed 03/11/2005 Page 1 of 8
Committees, Final Rules and Explanation and Justification, 69 Fed. Reg. 68056 (Nov. 23, 

2004) (“Final Rules” or “E&J”). The remainder of the paragraph is DENIED. 

4. DENY. 

5. The Commission is without knowledge or information sufficient to form a 

belief as to the truth of any of these allegations. 

6. This paragraph contains plaintiff’s legal conclusions, which do not require 

a response. 

7. ADMIT. 

8. This paragraph characterizes the plaintiff’s judicial complaint, which 

speaks for itself, and no response is required. ADMIT that this Court has statutory 

jurisdiction under 28 U.S.C. 1331. 

9. ADMIT. 

10-12. No response is necessary to the allegations in these paragraphs that 

contain plaintiff’s legal conclusions. To the extent these paragraphs describe various 

statutes and regulations, those provisions speak for themselves. The Commission is 

without knowledge or information sufficient to form a belief as to the truth of the 

remainder of these allegations. 

13. This paragraph describes 11 C.F.R. 106.6(c) (2004), which speaks for 

itself, and contains plaintiff’s legal conclusions, neither of which requires a response. To 

the extent this paragraph describes the public disclosure reports the plaintiff has filed 

with the Commission, the Commission ADMITS that those disclosure reports show that 

“EMILY’s List’s administrative expenses and the costs of its generic voter drives have 

been allocated between its federal and non-federal accounts using the ‘funds expended’

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method.” The third sentence of the paragraph describes the rationale behind the “funds 

expended method,” which is explained in the Explanation and Justification issued by the 

Commission, which speaks for itself. See Regulations on Methods of Allocation 

Between Federal and Non-Federal Accounts; Payments; Reporting, 55 Fed. Reg. 26058 

(June 26, 1990). 

14. This paragraph describes 11 C.F.R. 106.6(d) (2004), which speaks for 

itself, and contains plaintiff’s legal conclusions, which do not require a response. To the 

extent this paragraph describes the public disclosure reports the plaintiff has filed with 

the Commission, the Commission ADMITS that those disclosure reports show that 

“EMILY’s List’s fundraising expenses have been paid for under the ‘funds received’ 

method.” 

15. ADMIT the first sentence. The second sentence is DENIED. The 

Commission’s reasons for issuing the Notice of Proposed Rulemaking (“NPRM”) are 

explained in the NPRM, a document that speaks for itself. See Political Committee 

Status, 69 Fed. Reg. 11736 (March 11, 2004).

16–28. These paragraphs describe the NPRM, a document that speaks for itself, 

and no response is required.

29. ADMIT that the Commission invited public comments to be filed within 

29 days. 

30. ADMIT. 

31. ADMIT that the General Counsel submitted Draft Final Rules to the 

Commission on August 12, 2004. Plaintiff’s characterization of these rules as “new” 

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does not require a response because the document speaks for itself. See FEC Agenda

Document 04-75, Record at 2574. 

32. ADMIT. 

33. ADMIT. 

34. ADMIT. 

35. ADMIT. 

36-37. These paragraphs describe 11 C.F.R. 100.57, a regulation that speaks for 

itself, and no response is required. 

38-39. These paragraphs describe 11 C.F.R. 100.57, which speaks for itself, and 

contains plaintiff’s legal conclusions, neither of which requires a response. 

40. DENY. Plaintiff cites “69 Fed. Reg. at 69,057,” which addresses United 

States Department of Agriculture regulations. To the extent this paragraph is meant to 

describe the E&J at 69 Fed. Reg. 68056, that document speaks for itself, and no response 

is required. 

41-44. These paragraphs describe 11 C.F.R. 106.6, which speaks for itself, and 

contain plaintiff’s legal conclusions, neither of which requires a response. 

45. This paragraph purports to describe the E&J, a document that speaks for 

itself, and no response is required. See 69 Fed. Reg. 68056 (Nov. 23, 2004). 

COUNT I 

46. This paragraph incorporates paragraphs 1 through 45 of plaintiff’s 

complaint. The Commission likewise incorporates its earlier responses to paragraphs 1 

through 45 as if set forth in full. 

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47. This paragraph describes 5 U.S.C. 706(2)(C), a statutory provision that 

speaks for itself and for which no response is necessary. 

48. The first two sentences of this paragraph describe regulations and statutory 

provisions, which speak for themselves, and contain plaintiff’s legal conclusions, neither 

of which requires a response. The third sentence of this paragraph is DENIED. 

 49. DENY. 

 50. DENY. 

51. DENY. 

52. DENY. 

53. DENY. 

COUNT II

54. This paragraph incorporates paragraphs 1 through 53 of plaintiff’s 

complaint. The Commission likewise incorporates its earlier responses to paragraphs 1 

through 53 as if set forth in full. 

55. The first sentence of this paragraph describes 5 U.S.C. 553(b), a statutory 

provision that speaks for itself. The second sentence of this paragraph is DENIED. 

56-61. These paragraphs describe the NPRM and Final Rules, documents that 

speak for themselves, and no response is required. To the extent these paragraphs also 

contain plaintiff’s legal conclusions, no response is necessary. 

62. DENY. To the extent that this paragraph describes the NPRM and Final 

Rules, those documents speak for themselves, and no response is required. 

63. DENY. 

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COUNT III

64. This paragraph incorporates paragraphs 1 through 63 of plaintiff’s 

complaint. The Commission likewise incorporates its earlier responses to paragraphs 1 

through 63 as if set forth in full. 

65. This paragraph describes 5 U.S.C. 706(2)(A), a statutory provision that 

speaks for itself. 

66. DENY. To the extent this paragraph describes the “solicitation 

regulation,” that provision speaks for itself. 

67. DENY. To the extent that this paragraph describes the “allocation 

regulations,” those provisions speak for themselves. 

 68. DENY. 

69. The first clause of this sentence is DENIED. To the extent this paragraph 

attempts to describe the E&J, at 69 Fed. Reg. 68056, that document speaks for itself and, 

therefore, no response is required. 

 70. DENY. 

71. DENY. 

COUNT IV 

72. This paragraph incorporates paragraphs 1 through 71 of plaintiff’s 

complaint. The Commission likewise incorporates its earlier responses to paragraphs 1 

through 71 as if set forth in full. 

73. This paragraph describes legal authority that speaks for itself, and no 

response is required. To the extent this paragraph contains plaintiff’s legal conclusions, 

no response is necessary.

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74. DENY. 

75. DENY. To the extent this paragraph describes the “solicitation 

regulation,” that provision speaks for itself. 

76. DENY. To the extent this paragraph describes the “solicitation 

regulation,” that provision speaks for itself. 

77. DENY. To the extent this paragraph describes the “allocation regulation,” 

that provision speaks for itself. 

78. DENY. To the extent this paragraph describes the “allocation regulation,” 

that provision speaks for itself. 

79. DENY. 

Plaintiff’s prayer for relief does not require a response, but insofar as an answer is 

deemed necessary, the Commission DENIES that plaintiff is entitled to the requested 

relief or to any relief whatsoever. 

 Respectfully submitted, 

 /s/ Lawrence H. Norton __________________________________________________________________________________________________________

Lawrence H. Norton ____________________ 

General Counsel 

 /s/ Richard B. Bader _________________________________________________________________________________________

Richard B. Bader _____________________________________ 

Associate General Counsel 

(D.C. Bar # 911073) 

 /s/ David Kolker _______________________________________________________________________

David Kolker ______________________________________________________ 

Assistant General Counsel 

(D.C. Bar # 394558) 

 /s/ Greg J. Mueller __________________________________________________________________________________

Greg J. Mueller ___________________________________________ 

Attorney 

(D.C. Bar # 462840) 

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FOR THE DEFENDANT 

FEDERAL ELECTION COMMISSION 

999 E Street, N.W. 

Washington, D.C. 20463 

(202) 694-1650 

March 11, 2005 (202) 219-0260 (FAX) 

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