As noted above, “contribution” is generally defined as anything
of value for the purpose of influencing a federal election. § 30101(8).
In addition, the term includes expenditures that are made in
“cooperation, consultation, or concert with, or at the request or
suggestion of” a candidate, a person authorized to act on behalf of a
candidate, or a national, state, or local party committee. 52 U.S.C.
§ 30116(a)(7)(B). “Disbursements,” which do not fall within the reach
of FECA’s criminal penalties, therefore, can become “contributions”
which do fall within its reach, if they are coordinated. For example,
electioneering communications, if coordinated, will be deemed a
“contribution” to the candidate or committee with whom or which
they are coordinated, as well as an “expenditure” by that candidate
or committee. 52 U.S.C. § 30116(a)(7)(C). An “expenditure” is a
disbursement made for the purpose of influencing a federal election.
52 U.S.C. § 30101(9).
The distinction between a contribution and an expenditure has
constitutional significance. Contributions are made by one person or
entity to another to enable the recipient of the funds to engage in
political speech of the recipient’s choosing, while expenditures are
made directly by the owner of the funds for political speech chosen by
the owner of the funds. Thus, contributions are indirect political
speech, and as such may constitutionally be subject to more stringent
regulation than expenditures, which are direct political speech.
Buckley v. Valeo, 424 U.S. 1, 13-59 (1976).
Section 30116(a) sets contribution limits for two sets of
entities: those made by “persons” (individuals, partnerships,
committees, and associations) and those made by “multi-candidate
political committees” (political committees registered for six months
with the FEC that have received contributions from over fifty
persons and that support at least five federal candidates). 51 The
51
A third category of limits on total contributions a person could make in a two-year
period, 52 U.S.C. § 30116(a)(3), was invalidated by the Supreme Court in 2014. See
McCutcheon v. Fed. Election Comm’n, 134 S. Ct. 1434 (2014).
130
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