26
MCCUTCHEON v. FEDERAL ELECTION COMM’N
Opinion of ROBERTS, C. J.
the donor’s point of view, it strikes us as far more likely
that he will want to see his full $500,000 spent on behalf
of his favored candidate—even if it must be spent independently—rather than see it diluted to a small fraction so
that it can be contributed directly by someone else.9
Another circumvention example is the one that apparently motivated the District Court. As the District Court
crafted the example, a donor gives a $500,000 check to
a joint fundraising committee composed of a candidate, a
national party committee, and “most of the party’s state
party committees” (actually, 47 of the 50). 893 F. Supp.
2d, at 140. The committees divide up the money so that
each one receives the maximum contribution permissible
under the base limits, but then each transfers its allocated
portion to the same single committee. That committee
uses the money for coordinated expenditures on behalf of a
particular candidate. If that scenario “seem[s] unlikely,”
the District Court thought so, too. Ibid. But because the
District Court could “imagine” that chain of events, it held
that the example substantiated the Government’s circumvention concerns. Ibid.
One problem, however, is that the District Court’s speculation relies on illegal earmarking. Lest there be any
confusion, a joint fundraising committee is simply a mechanism for individual committees to raise funds collectively,
not to circumvent base limits or earmarking rules. See 11
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9 The Justice Department agrees.
As Acting Assistant Attorney General Mythili Raman recently testified before Congress: “We anticipate
seeing fewer cases of conduit contributions directly to campaign committees or parties, because individuals or corporations who wish to
influence elections or officials will no longer need to attempt to do so
through conduit contribution schemes that can be criminally prosecuted. Instead, they are likely to simply make unlimited contributions to
Super PACs or 501(c)s.” Hearing on Current Issues in Campaign
Finance Law Enforcement before the Subcommittee on Crime and
Terrorism of the Senate Committee on the Judiciary, 113th Cong., 1st
Sess., 3 (2013).
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