McConnell v. Federal Election Comm'n, 540 U.S. 93, 65 (2003)

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164

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of the Court

§ 441i(b)(2)(C). They can, however, jointly raise the hard money used to make Levin expenditures.

1. Governmental Interests Underlying New FECA 323(b)

We begin by noting that, in addressing the problem of soft-money contributions to state committees, Congress both drew a conclusion and made a prediction. Its conclusion, based on the evidence before it, was that the corrupting influence of soft money does not insinuate itself into the political process solely through national party committees. Rather, state committees function as an alternative avenue for precisely the same corrupting forces.59 Indeed, both candidates and parties already ask donors who have reached the limit on their direct contributions to donate to state committees.60 There is at least as much evidence as there was in

59 One former Senator noted: " 'The fact is that much of what state and local parties do helps to elect federal candidates. The national parties know it; the candidates know it; the state and local parties know it. If state and local parties can use soft money for activities that affect federal elections, then the problem will not be solved at all. The same enormous incentives to raise the money will exist; the same large contributions by corporations, unions, and wealthy individuals will be made; the federal candidates who benefit from state party use of these funds will know exactly whom their benefactors are; the same degree of beholdenness and obligation will arise; the same distortions on the legislative process will occur; and the same public cynicism will erode the foundations of our democracy—except it will all be worse in the public's mind because a perceived reform was undercut once again by a loophole that allows big money into the system.' " 251 F. Supp. 2d, at 467 (Kollar-Kotelly, J.) (quoting Rudman Decl. ¶ 19, App. 746).

60 E.g., 251 F. Supp. 2d, at 479 (Kollar-Kotelly, J.) (" 'It is . . . not uncommon for the RNC to put interested donors in touch with various state parties. This often occurs when a donor has reached his or her federal dollar limits to the RNC, but wishes to make additional contributions to the state party' " (quoting declaration of Thomas Josefiak, RNC Chief Counsel ¶ 68, App. 308)); see also Colorado II, 533 U. S., at 458 (quoting Congressman Wayne Allard's Aug. 27, 1996, fundraising letter informing the recipient that " 'you are at the limit of what you can directly contribute

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