6 FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE Opinion of the Court 20 days of the election. But even if such funds were available, the Government’s argument largely misses the point. For standing purposes, we accept as valid the merits of appellees’ legal claims, so we must assume that the loanrepayment limitation—including the 20-day rule—unconstitutionally burdens speech. See Warth v. Seldin, 422 U. S. 490, 500 (1975) (“standing in no way depends on the merits of the plaintiff ’s contention that particular conduct is illegal”). Demanding that the Committee comply with the Government’s “alternative” would therefore require it to forgo the exercise of a First Amendment right we must assume it has—the right to repay its campaign debts in full, at any time. And this would require the Committee to subject itself to the very framework it says unconstitutionally burdens its speech. Such a principle finds no support in our standing jurisprudence. See, e.g., Susan B. Anthony List v. Driehaus, 573 U. S. 149, 158–159 (2014). B The Government next asserts that although appellees would have standing to challenge the FEC’s implementing regulation, 11 CFR §116.11, they do not have standing to challenge Section 304 itself. As a reminder, Section 304 prohibits the use of post-election funds to repay a candidate’s personal loans; it does not restrict the use of funds raised before the election. See 52 U. S. C. §30116(j). That restriction comes instead from Section 304’s implementing regulation, 11 CFR §116.11. This regulation provides that neither pre-election nor post-election funds may be used to repay candidate loans above $250,000 outstanding 20 days after the election. §§116.11(c)(1)–(2). Such amounts must instead be treated as contributions to the campaign, barring their repayment. Bearing that in mind, the Government contends that the record before the District Court reveals that the Committee used funds raised before the election to repay the first

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