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REPUBLICAN FEDERAL CAMPAIGN COMM. Opinion of the Court
Comm'n v. Massachusetts Citizens for Life, Inc., 479 U. S. 238, 259-260 (1986).
The simplicity of the distinction is qualified, however, by the Act's provision for a functional, not formal, definition of "contribution," which includes "expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents," 2 U. S. C. § 441a(a) (7)(B)(i).1 Expenditures coordinated with a candidate, that is, are contributions under the Act.
The Federal Election Commission (FEC or Commission) originally took the position that any expenditure by a political party in connection with a particular election for federal office was presumed to be coordinated with the party's candidate. See Federal Election Comm'n v. Democratic Senatorial Campaign Comm., 454 U. S. 27, 28-29, n. 1 (1981); Brief for Petitioner 6-7. The Commission thus operated on the assumption that all expenditure limits imposed on political parties were, in essence, contribution limits and therefore constitutional. Brief for Respondent in Colorado I, O. T. 1995, No. 95-489, pp. 28-30. Such limits include 2 U. S. C. § 441a(d)(3), which provides that in elections for the United States Senate, each national or state party committee 2 is
1 "Contribution" is otherwise defined as "any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office"; or "the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose." 2 U. S. C. § 431(8).
The Act defines "expenditure" as "any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office." § 431(9)(A)(i). A "written contract, promise, or agreement to make an expenditure" also counts as an expenditure. § 431(9)(A)(ii).
2 A political party's "national committee" is the "organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by
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