Cite as: 572 U. S. ____ (2014)
27
Opinion of ROBERTS, C. J.
CFR §102.17(c)(5). Under no circumstances may a contribution to a joint fundraising committee result in an allocation that exceeds the contribution limits applicable to
its constituent parts; the committee is in fact required
to return any excess funds to the contributor. See
§102.17(c)(6)(i).
The District Court assumed compliance with the specific
allocation rules governing joint fundraising committees,
but it expressly based its example on the premise that the
donor would telegraph his desire to support one candidate
and that “many separate entities would willingly serve as
conduits for a single contributor’s interests.” 893 F. Supp.
2d, at 140. Regardless whether so many distinct entities
would cooperate as a practical matter, the earmarking
provision prohibits an individual from directing funds
“through an intermediary or conduit” to a particular candidate. 2 U. S. C. §441a(8). Even the “implicit[ ]” agreement imagined by the District Court, 893 F. Supp. 2d, at
140, would trigger the earmarking provision. See 11 CFR
§110.6(b)(1). So this circumvention scenario could not
succeed without assuming that nearly 50 separate party
committees would engage in a transparent violation of the
earmarking rules (and that they would not be caught if
they did).
Moreover, the District Court failed to acknowledge that
its $500,000 example cannot apply to most candidates. It
crafted the example around a presidential candidate, for
whom donations in the thousands of dollars may not seem
remarkable—especially in comparison to the nearly $1.4
billion spent by the 2012 presidential candidates. The
same example cannot, however, be extrapolated to most
House and Senate candidates. Like contributions, coordinated expenditures are limited by statute, with different
limits based on the State and the office. See 2 U. S. C.
§441a(d)(3). The 2013 coordinated expenditure limit for
most House races is $46,600, well below the $500,000 in
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents