8 FEDERAL ELECTION COMM’N v. TED CRUZ FOR SENATE Opinion of the Court would have had standing to bring a pre-enforcement challenge (as they do now) to Section 304 in a much easier manner—by simply alleging and credibly demonstrating that Cruz wished to loan his campaign an amount larger than $250,000, but would not do so only because the loanrepayment limitation made it unlikely that such amount would be repaid. See Susan B. Anthony List, 573 U. S., at 158–159. In addition, it ordinarily would not matter whether a plaintiff was challenging the statute’s enforcement or instead the enforcement of a regulation and, in doing so, raising arguments about the validity of the statute that authorized the regulation. Cf. Collins v. Yellen, 594 U. S. ___, ___–___ (2021) (slip op., at 18–19). The parties here, however, assume that the distinction makes a difference because the subject-matter jurisdiction of the threejudge District Court is limited to actions challenging the enforcement of the statute. See BCRA §403(a) (authorizing a three-judge court to hear any “action . . . brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act”). It seems to us that the Government is likely correct that appellees have not shown that they exhausted Section 304’s cap on the use of post-election funds. The loan-repayment limitation applies to contributions “made” after the date of the election. 52 U. S. C. §30116(j). And a contribution is “considered to be made when the contributor relinquishes control” over it, which occurs when the contribution is “delivered” to the Committee or the candidate. 11 CFR §110.1(b)(6). The redesignated contributions on which appellees now rely, however, involve funds that were delivered to the Committee before the 2018 election. And those funds have remained under the Committee’s control from that date, even if they were later redesignated to a different campaign. But we need not go further down this rabbit hole. Even

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