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Opinion of the Court
contributing nonfederal funds to state and local party committees to help finance "Federal election activity. " 2 U. S. C. § 441i(b)(1) (Supp. II). The term "Federal election activity" encompasses four distinct categories of electioneering: (1) voter registration activity during the 120 days preceding a regularly scheduled federal election; (2) voter identification, get-out-the-vote (GOTV), and generic campaign activity 54 that is "conducted in connection with an election in which a candidate for Federal office appears on the ballot"; (3) any "public communication" 55 that "refers to a clearly identified candidate for Federal office" and "promotes," "supports," "attacks," or "opposes" a candidate for that office; and (4) the services provided by a state committee employee who dedicates more than 25% of his or her time to "activities in connection with a Federal election." §§ 431(20)(A)(i)-(iv). The Act explicitly excludes several categories of activity from this definition: public communications that refer solely to nonfederal candidates; 56 contributions to nonfederal candidates; 57 state and local political conventions; and the cost of grassroots campaign materials like bumper stickers that refer only to state candidates. § 431(20)(B). All activities that fall within the statutory definition must be funded with hard money. § 441i(b)(1).
Section 323(b)(2), the so-called Levin Amendment, carves out an exception to this general rule. A refinement on the pre-BCRA regime that permitted parties to pay for certain activities with a mix of federal and nonfederal funds, the
54 Generic campaign activity promotes a political party rather than a specific candidate. 2 U. S. C. § 431(21) (Supp. II).
55 A public communication is "a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising." § 431(22).
56 So long as the communication does not constitute voter registration, voter identification, GOTV, or generic campaign activity. § 431(20)(B)(i).
57 Unless the contribution is earmarked for federal election activity. § 431(20)(B)(ii).
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