34
MCCUTCHEON v. FEDERAL ELECTION COMM’N
Opinion of ROBERTS, C. J.
and spent only by their recipients. Such a solution would
address the same circumvention possibilities as the current aggregate limits, while not completely barring contributions beyond the aggregate levels. In addition (or as an
alternative), if Congress believes that circumvention is
especially likely to occur through creation of a joint fundraising committee, it could require that funds received
through those committees be spent by their recipients (or
perhaps it could simply limit the size of joint fundraising
committees). Such alternatives to the aggregate limits
properly refocus the inquiry on the delinquent actor: the
recipient of a contribution within the base limits, who then
routes the money in a manner that undermines those
limits. See Citizens United, supra, at 360–361; cf. Bartnicki v. Vopper, 532 U. S. 514, 529–530 (2001).
Indeed, Congress has adopted transfer restrictions, and
the Court has upheld them, in the context of state party
spending. See 2 U. S. C. §441i(b). So-called “Levin funds”
are donations permissible under state law that may be
spent on certain federal election activity—namely, voter
registration and identification, get-out-the-vote efforts, or
generic campaign activities. Levin funds are raised directly
by the state or local party committee that ultimately
spends them. §441i(b)(2)(B)(iv). That means that other
party committees may not transfer Levin funds, solicit
Levin funds on behalf of the particular state or local committee, or engage in joint fundraising of Levin funds. See
McConnell, 540 U. S., at 171–173. McConnell upheld
those transfer restrictions as “justifiable anticircumvention measures,” though it acknowledged that they posed
some associational burdens. Id., at 171. Here, a narrow
transfer restriction on contributions that could otherwise
be recontributed in excess of the base limits could rely on a
similar justification.
Other alternatives might focus on earmarking. Many of
the scenarios that the Government and the dissent hy-
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