4
FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE
Syllabus
repay a candidate’s personal loans. But given that these contributions
are already capped at $2,900 per election in order to prevent corruption or its appearance, the approach of adding an additional layer of
regulation is a significant indicator that the regulation may not be necessary for the interest it seeks to protect. See id, at 221. Because the
Government is defending a restriction on speech, it must do more than
“simply posit the existence of the disease sought to be cured”; it must
instead point to “record evidence or legislative findings” demonstrating the need to address a special problem. Colorado Republican Federal Campaign Comm. v. Federal Election Comm’n, 518 U. S. 604, 618.
“[M]ere conjecture” is “[in]adequate to carry a First Amendment burden.” McCutcheon, 572 U. S., at 210. Yet the Government is unable
to identify a single case of quid pro quo corruption in this context, even
though most States do not impose a limit on the use of post-election
contributions to repay candidate loans. Pp. 13–16.
(ii) In the absence of direct evidence, the Government turns to
a scholarly article, a poll, and statements by Members of Congress to
show that the contributions used to repay candidate loans carry a
heightened risk of at least the appearance of corruption. All of this
evidence, however, concerns the sort of “corruption,” loosely conceived,
that this Court has repeatedly explained is not legitimately regulated
under the First Amendment. Nor is it equivalent to “legislative findings” that demonstrate the need to address a special problem. Pp. 16–
19.
(iii) As a fallback argument, the Government analogizes postelection contributions used to repay a candidate’s loans to gifts because
they enrich the candidate as opposed to the campaign’s treasury. But
this analogy is meaningful only if the baseline is that the campaign
will default. The record suggests, however, that winning candidates
are commonly repaid in full. For these candidates, post-election contributions bear little resemblance to a gift; they instead restore the
candidate to the status quo ante. As for losing candidates, the Government does not provide any anticorruption rationale to explain why
contributions to those candidates should be restricted. Finally, the
Government argues for deference to Congress’s “legislative judgment”
that Section 304 furthers an anticorruption goal. Given scant evidence
of corruption, deference to Congress would be especially inappropriate
where, as here, the legislative act may have been an effort to “insulate[ ] legislators from effective electoral challenge.” Nixon v. Shrink
Missouri Government PAC, 528 U. S. 377, 404 (BREYER, J., concurring). In the end, it remains the role of this Court to decide whether a
particular legislative choice is constitutional. Sable Communications
of Cal., Inc. v. FCC, 492 U. S. 115, 129. Pp. 19–22.
542 F. Supp. 3d 1, affirmed.