BUCKLEY v. VALEO
I
Per Curiam
the election funding plan disadvantages nonmajor parties
by operating to reduce their strength below that attained
without any public financing. First, such parties are
free to raise money from private sources,"' and by our
holding today new parties are freed from any expenditure
limits, although admittedly those limits may be a largely
academic matter to them. But since any major-party
candidate accepting public financing of a campaign voluntarily assents to a spending ceiling, other candidates
will be able to spend more in relation to the major-party
candidates. The relative position of minor parties that
do qualify to receive some public funds because they
received 5% of the vote in the previous Presidential election is also enhanced. Public funding for candidates of
major parties is intended as a substitute for private consuch assisttributions; but for minor-party candidates ...
ance may be viewed as a supplement to private contributions since these candidates may continue to solicit
private funds up to the applicable spending limit. Thus,
we conclude that the general election funding system does
not work an invidious discrimination against candidates
of nonmajor parties.
Appellants challenge reliance on the vote in past elections as the basis for determining eligibility. That challenge is foreclosed, however, by our holding in Jenness v.
Fortson, 403 U. S., at 439-440, that popular vote totals
in the last election are a proper measure of public sup1 Appellants argue that this effort to "catch up" is hindered by
the contribution limits in 18 U. S. C. § 608 (b) (1970 ed., Supp. IV)
and that therefore the public financing provisions are unconstitutional. Whatever merit the point may have, which is questionable
on the basis of the record before the Court, it is answered in our
treatment of the contribution limits. See Part I-B, supra.
13 There will, however, be no minor-party candidates in the 1976
Presidential election, since no 1972 candidate other than those
of the major parties received 5% of the popular vote.
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