480
REPUBLICAN FEDERAL CAMPAIGN COMM. Thomas, J., dissenting
the DSCC's alleged efforts to channel money through the tally system were restricted in any way by the Party Expenditure Provision. On the contrary, the Court suggests that a donation to the DSCC was increased by the party; in other words, the candidate got more than the initial donation. See ante, at 458 (quoting declaration of Timothy Wirth) (" 'I understood that when I raised funds for the DSCC, the donors expected that I would receive the amount of their donations multiplied by a certain number that the DSCC had determined in advance, assuming the DSCC has raised other funds' " (emphasis added)). Because I am un-persuaded by weak speculation ungrounded in any evidence, I disagree with the Court's conclusion that the Party Expenditure Provision furthers the Government interest of reducing corruption.10
10 The other "evidence" on which the Court relies is less compelling than the tally system. The Court presents four quotations, two of which do not even support the proposition that donations are funneled through parties to candidates. See ante, at 458 (quoting declaration of Leon G. Billings, former Executive Director of the DSCC); ante, at 458. These comments simply reflect the obvious fact that a candidate benefits when his party receives money. Neither comment suggests that the candidate is aided through the surreptitious laundering of money, as opposed to issue advertisements, get-out-the-vote campaigns, and independent expenditures.
The other two quotations are somewhat suspect in that they are made by Timothy Wirth, who was the object of the negative advertisements giving rise to this lawsuit, and by his national finance director. See ibid. (quoting App. 274 (declaration of Timothy Wirth)); App. 247 (declaration of Robert Hickmott, former Democratic fundraiser and National Finance Director for Timothy Wirth's Senate campaign). Moreover, neither Wirth nor his finance director described how donations were actually treated by the DSCC, either in general or in Wirth's particular case; instead Wirth and his finance director simply reflected on their understandings of how the money would be used in Wirth's election. As noted above, the District Court found that "the primary consideration in allocating funds is which races are marginal." 41 F. Supp. 2d, at 1203. And the evidence in the record supports this finding. See supra, at 477.
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