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costs of their generic get-out-the-vote efforts and voter
registration activities. 11 C.F.R. § 106.6(c). By “generic,”
the regulations mean those activities that refer to a party but
do not promote or oppose a particular candidate. See id. §
100.25. This provision violates the First Amendment because
non-profits are constitutionally entitled to pay 100% of the
costs of such voter drive activities out of their soft-money
accounts. See Cal. Med. Ass’n v. FEC, 453 U.S. 182, 203
(1981) (opinion of Blackmun, J.); see also FEC v. Mass.
Citizens for Life, Inc. (MCFL), 479 U.S. 238, 259-63 (1986);
FEC v. Nat’l Conservative PAC (NCPAC), 470 U.S. 480, 501
(1985); Citizens Against Rent Control v. City of Berkeley, 454
U.S. 290, 298-99 (1981); Buckley v. Valeo, 424 U.S. 1, 45-48
(1976).
Second, the regulations mandate that covered non-profits
use their hard-money accounts for 50% of any generic
communications that refer to a party without referring to a
candidate, for example, “Support the Democratic party.” 11
C.F.R. § 106.6(c). This provision likewise violates the First
Amendment because non-profits are constitutionally entitled
to pay 100% of the costs of such communications out of their
soft-money accounts. See Cal-Med, 453 U.S. at 203 (opinion
of Blackmun, J.); see also MCFL, 479 U.S. at 259-63;
NCPAC, 470 U.S. at 501; Citizens Against Rent Control, 454
U.S. at 298-99; Buckley, 424 U.S. at 45-48.
from the Supreme Court’s consistent holdings that large
expenditures are constitutionally protected and the corresponding
principle that non-profits are constitutionally entitled to accept large
donations to their soft-money accounts to support advertisements,
get-out-the-vote efforts, and voter registration activities. Of course,
because of the lesser First Amendment protection against
disclosure, the major purpose test is permissible under current
precedent for determining non-profits’ disclosure obligations. See
Buckley, 424 U.S. at 79.