10
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
KAGAN, J., dissenting
ballot candidates. Or else the money may be spent on independently produced advertisements. But what the money
is not helpful for is funding John Smith’s own campaign activities, of whatever kind.
Today, that constraint disappears. With no limits on coordinated expenditures, the party can serve as the candidate’s checking account. It can pay for everything John
Smith (or any other candidate) needs—advertising of
course, but also more prosaic things like catering, rent, and
utilities. See supra, at 5–6. So the party can take any or
every one of those $550,000 checks it receives from the John
Smith Victory Fund—which, recall, the Fund has received
from an individual or a corporate or interest group—and
convert the money (in full) into a direct benefit for the candidate. What is supposed to be just the sum of an individual
or group’s capped donations to 51 separate party committees instead goes in a single straight shot to John Smith,
the candidate. And then that can happen again and again
and again.
It does not take much imagination to see how that scheme
circumvents the contribution limit for a candidate, and
raises the risk of both actual and apparent quid pro quo
corruption. On a formal level, all base limits are complied
with—$7,000 to the candidate, $10,000 each to state party
committees, and $44,300 to the national one. Except that
in the real world, the candidate can get all the money for
his own campaign. So an ostensibly capped contribution of
$7,000 becomes . . . a $550,000 contribution (again,
$551,300 to be precise) to John Smith. And of course everyone knows this. The candidate recognizes both what the
$550,000 contribution will do for him and where it originally came from. The donor understands the main points
too. His measly $7,000 was not likely to have bought from
the candidate anything of consequence. But $550,000 is a
whole different story. And even if John Smith and all his
wealthy donors remain scrupulously above board, the
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