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MCCUTCHEON v. FEDERAL ELECTION COMM’N
Opinion of ROBERTS, C. J.
coordinated expenditures envisioned by the District Court.
The limit for Senate races varies significantly based on
state population. See 78 Fed. Reg. 8531 (2013). A scheme
of the magnitude imagined by the District Court would be
possible even in theory for no House candidates and the
Senate candidates from just the 12 most populous States.
Ibid.
Further, to the extent that the law does not foreclose the
scenario described by the District Court, experience and
common sense do. The Government provides no reason to
believe that many state parties would willingly participate
in a scheme to funnel money to another State’s candidates.
A review of FEC data of Republican and Democratic state
party committees for the 2012 election cycle reveals just
12 total instances in which a state party committee contributed to a House or Senate candidate in another State.
No surprise there. The Iowa Democratic Party, for example, has little reason to transfer money to the California
Democratic Party, especially when the Iowa Democratic
Party would be barred for the remainder of the election
cycle from receiving another contribution for its own activities from the particular donor.
These scenarios, along with others that have been suggested, are either illegal under current campaign finance
laws or divorced from reality. The three examples posed
by the dissent are no exception. The dissent does not
explain how the large sums it postulates can be legally
rerouted to a particular candidate, why most state committees would participate in a plan to redirect their donations to a candidate in another State, or how a donor or
group of donors can avoid regulations prohibiting contributions to a committee “with the knowledge that a
substantial portion” of the contribution will support a
candidate to whom the donor has already contributed,
11 CFR §110.1(h)(2).
The dissent argues that such knowledge may be difficult
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