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.