3
Otherwise, the word “purpose” becomes superfluous, a result
that this court cannot accept, e.g., Reiter v. Sonotone Corp.,
442 U.S. 330, 339 (1979), especially for a jurisdictional
provision like this one, see, e.g., N. Am. Van Lines, Inc. v.
NLRB, 869 F.2d 596, 598 (D.C. Cir. 1989). Under FECA,
federal effects are simply not enough.2
Nor does labeling spending that may affect both state and
federal elections as “mixed-purpose” somehow solve the
FEC’s problem. Regulating on the basis of such a label still
assumes there must be a federal purpose behind any spending
that might influence, even tangentially, a federal campaign.
Because that necessary assumption is false, these regulations
remain invalid. Only after a federal purpose—mixed or
otherwise—is identified does the FEC’s power come into
play. If a federal purpose can be shown, then allocation ratios
like those promulgated here may well be appropriate under
FECA, but just asserting that there must be a federal purpose
skips the threshold jurisdictional question.3
2
Cf. 42 U.S.C. § 1973c (under the Voting Rights Act, certain
jurisdictions cannot alter their voting procedures without showing
the change “neither has the purpose nor will have the effect of
denying or abridging the right to vote on account of race or color”
(emphasis added)).
3
It is also no defense to say that under Buckley v. Valeo, 424 U.S. 1
(1976), everything political committees do reflects federal
purposes. See EMILY’s List v. FEC, 569 F. Supp. 2d 18, 44
(D.D.C. 2008) (“EMILY’s List is undoubtedly correct that its status
as a political committee does not automatically give the FEC
authority to regulate its legitimately nonfederal election
activities.”). In Buckley, the Court explained “[e]xpenditures of . . .
‘political committees’ . . . can be assumed to fall within the core
area sought to be addressed by Congress.” 424 U.S. at 79. This
“assum[ption],” however, is rebutted when it is unreasonable to
posit a federal purpose. See Akins v. FEC, 101 F.3d 731, 742 (D.C.