Cite as: 572 U. S. ____ (2014)
25
Opinion of ROBERTS, C. J.
so. See 2 U. S. C. §441a(a)(5) (“all contributions made by
political committees established or financed or maintained
or controlled by . . . any other person, or by any group of
such persons, shall be considered to have been made by a
single political committee”).
Moreover, if 100 PACs were to contribute to Smith and
few other candidates, and if specific individuals like our
ardent Smith supporter were to contribute to each, the
FEC could weigh those “circumstantial factors” to determine whether to deem the PACs affiliated. 11 CFR
§100.5(g)(4)(ii). The FEC’s analysis could take account
of a “common or overlapping membership” and “similar
patterns of contributions or contributors,” among other
considerations. §§100.5(g)(4)(ii)(D), (J). The FEC has in
the past initiated enforcement proceedings against contributors with such suspicious patterns of PAC donations.
See, e.g., Conciliation Agreement, In re Riley, Matters
Under Review 4568, 4633, 4634, 4736 (FEC, Dec. 19,
2001).
On a more basic level, it is hard to believe that a rational
actor would engage in such machinations. In the example
described, a dedicated donor spent $500,000—donating
the full $5,000 to 100 different PACs—to add just $26,000
to Smith’s campaign coffers. That same donor, meanwhile, could have spent unlimited funds on independent
expenditures on behalf of Smith. See Buckley, 424 U. S.,
at 44–51. Indeed, he could have spent his entire $500,000
advocating for Smith, without the risk that his selected
PACs would choose not to give to Smith, or that he would
have to share credit with other contributors to the PACs.
We have said in the context of independent expenditures
that “ ‘[t]he absence of prearrangement and coordination of
an expenditure with the candidate or his agent . . . undermines the value of the expenditure to the candidate.’ ”
Citizens United, 558 U. S., at 357 (quoting Buckley, supra,
at 47). But probably not by 95 percent. And at least from
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