McConnell v. Federal Election Comm'n, 540 U.S. 93, 30 (2003)

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Cite as: 540 U. S. 93 (2003)

Opinion of the Court

cates that candidates and officeholders often were. A former Senator confirmed that candidates and officials knew who their friends were and " 'sometimes suggest[ed] that corporations or individuals make donations to interest groups that run "issue ads." ' " 24 As with soft-money contributions, political parties and candidates used the availability of so-called issue ads to circumvent FECA's limitations, asking donors who contributed their permitted quota of hard money to give money to nonprofit corporations to spend on "issue" advocacy.25

Senate Committee Investigation

In 1998 the Senate Committee on Governmental Affairs issued a six-volume report summarizing the results of an extensive investigation into the campaign practices in the 1996 federal elections. The report gave particular attention to the effect of soft money on the American political system, including elected officials' practice of granting special access in return for political contributions.

The committee's principal findings relating to Democratic Party fundraising were set forth in the majority's report, while the minority report primarily described Republican practices. The two reports reached consensus, however, on certain central propositions. They agreed that the "soft money loophole" had led to a "meltdown" of the campaign finance system that had been intended "to keep corporate, union and large individual contributions from influencing the electoral process." 26 One Senator stated that "the hearings provided overwhelming evidence that the twin loopholes of soft money and bogus issue advertising have virtually de-24 251 F. Supp. 2d, at 518-519 (Kollar-Kotelly, J.).

25 Id., at 478-479 (Kollar-Kotelly, J.) (citing declaration of Robert Hick-mott, Senior V. P., Smith-Free Group ¶ 8 (hereinafter Hickmott Decl.); see 6-R Defs. Exhs., Tab 19, ¶ 8).

26 S. Rep. No. 105-167, vol. 4, p. 4611 (1998) (hereinafter 1998 Senate Report); 5 id., at 7515.

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