462
FEDERAL ELECTION COMM'N v. COLORADO
REPUBLICAN FEDERAL CAMPAIGN COMM.
Opinion of the Court
Finally, the Party falls back to claiming that, even if there
is a threat of circumvention, the First Amendment demands
a response better tailored to that threat than a limitation on
spending, even coordinated spending. Id., at 46-48. The
Party has two suggestions.
First, it says that better crafted safeguards are in place
already, in particular the earmarking rule of §441a(a)(8),
which provides that contributions that "are in any way earmarked or otherwise directed through an intermediary or
conduit to [a] candidate" are treated as contributions to the
candidate. The Party says that this provision either suffices
to address any risk of circumvention or would suffice if clarified to cover practices like tallying. Id., at 42, 47; see also
213 F. 3d, at 1232. This position, however, ignores the practical difficulty of identifying and directly combating circumvention under actual political conditions. Donations are
made to a party by contributors who favor the party's candidates in races that affect them; donors are (of course) permitted to express their views and preferences to party officials;
and the party is permitted (as we have held it must be) to
spend money in its own right. When this is the environment for contributions going into a general party treasury,
and candidate-fundraisers are rewarded with something less
obvious than dollar-for-dollar pass-throughs (distributed
through contributions and party spending), circumvention is
obviously very hard to trace. The earmarking provision,
even if it dealt directly with tallying, would reach only the
most clumsy attempts to pass contributions through to candidates. To treat the earmarking provision as the outer limit
of acceptable tailoring would disarm any serious effort to
limit the corrosive effects of what Chief Judge Seymour
called "'understandings' regarding what donors give what
amounts to the party, which candidates are to receive what
funds from the party, and what interests particular donors
are seeking to promote," id., at 1241 (dissenting opinion); see
also Briffault, Political Parties and Campaign Finance Re-
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