18 Consistent with Cal-Med’s ruling, FECA limits contributors to donating a maximum of $5000 per year to a non-profit’s hard-money account. A non-profit in turn may contribute to a candidate or party only from that hard-money account. See 2 U.S.C. § 441a(a)(1)(C). And an individual’s contribution to a non-profit’s hard-money account may count against the individual’s aggregate annual contribution limits. See 2 U.S.C. § 441a(a)(3). 3 What about a non-profit entity that falls into both categories – in other words, a non-profit that makes expenditures and makes contributions to candidates or parties? EMILY’s List is a good example of such a hybrid non-profit: It makes expenditures for advertisements, get-outthe-vote efforts, and voter registration drives; it also makes direct contributions to candidates and parties. In all of its activities, its mission is to promote and safeguard abortion rights and to support the election of pro-choice Democratic women to federal, state, and local offices nationwide. The constitutional principles that govern such a hybrid non-profit entity follow ineluctably from the well-established principles governing the other two categories of non-profits. To prevent circumvention of contribution limits by individual donors, non-profit entities may be required to make their own contributions to federal candidates and parties out of a hardmoney account – that is, an account subject to source and Blackmun, J.). But as discussed above, the Cal-Med Court never stated that non-profits could be required to use hard money for advertisements, get-out-the-vote activities, and voter registration drives; indeed, Justice Blackmun’s opinion stated the opposite.

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