16 NATIONAL REPUBLICAN SENATORIAL COMMITTEE v. FEDERAL ELECTION COMM’N Opinion of the Court not proportionate, necessary, and narrowly tailored given the other less-speech-restrictive tools available to the Government to prevent circumvention—in particular, earmarking and disclosure laws. We therefore need to dig more deeply into the specifics of earmarking and disclosure laws. With respect to earmarking laws: FECA treats an individual’s contributions to a party that are “in any way earmarked or otherwise directed through an intermediary or conduit” to a federal candidate “as contributions from such person to such candidate”—and thus subject to the limits on contributions to candidates. 52 U. S. C. §30116(a)(8). By regulation, the FEC defines earmarking as any “designation, instruction, or encumbrance” directing funds to support a candidate. 11 CFR §110.6(b)(1) (2025). In McCutcheon, the Court explained that such earmarking rules constitute a targeted and constitutionally permissible way for the Government to prohibit circumvention of the base limits on contributions to candidates. 572 U. S., at 222–223. Indeed, it is difficult to conjure up realistic scenarios where a donor could circumvent the base limits on contributions to candidates via earmarking in a way that does not also violate those earmarking regulations. See id., at 223.4 With respect to disclosure laws: FECA requires that political parties and candidates publicly disclose both the contributions they receive and their spending on campaign activities, including on coordinated expenditures. §30104(b). As the Court emphasized in McCutcheon, disclosure has become a much stronger anti-circumvention tool over time because “modern technology” provides a “particularly effective means of arming the voting public with information.” Id., at 224. “Today, given the Internet, —————— 4 Also, the federal criminal bribery laws directly prohibit quid pro quo exchanges of contributions for official action. E.g., 18 U. S. C. §201.

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