their campaigns; hence, these are the only candidates who may be
subject to expenditure limits. See 52 U.S.C. § 30116(b). FECA also
places limitations on expenditures by national and state party
committees. The limits on expenditures by presidential candidates
accepting public funding and party committees are increased to reflect
inflation as discussed above. 52 U.S.C. § 30116(c)(1)(B).
There are no limits on expenditures by a person that are made
independently of the candidate being benefitted thereby. However, if
such “independent expenditures” exceed certain monetary
thresholds, they must be reported to the FEC. 52 U.S.C. § 30104(g).
This reporting requirement applies even if the entity making the
independent expenditure is not required to register as a political
committee with the FEC.
There are also no limits on the amount of personal funds that a
federal candidate may use in his or her campaign. Under Buckley v.
Valeo, 424 U.S. at 52–53, this use of personal funds represents an
“expenditure” that cannot be constitutionally limited.
(b) 52 U.S.C. § 30118: Prohibition on contributions
and expenditures by national banks, corporations,
or labor organizations
Although Section 30118, when enacted, barred both corporate
and union contributions and expenditures entirely – with the exception
of those made by separate segregated funds – the Supreme Court has
since invalidated as unconstitutional any limits on independent
expenditures by corporations or labor organizations made directly from
those entities’ general treasury funds. Citizens United v. Fed. Election
Comm’n, 558 U.S. 310 (2010) (overturning part of its earlier decision
in McConnell v. Fed. Election Comm’n, 540 U.S. 93 (2003) and all of
its decision in Austin v. Michigan Chamber of Commerce, 494 U.S. 652
(1990)). In doing so, however, the Court continued to recognize the
important governmental interest in preventing corruption and the
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