Cite as: 540 U. S. 93 (2003)
Opinion of the Court
does not specifically mention a federal candidate, state committees can take advantage of the Levin Amendment's higher contribution limits and relaxed source restrictions. 2 U. S. C. §§ 441i(b)(2)(B)(i)-(ii) (Supp. II). Similarly, the contribution limits applicable to § 301(20)(A)(ii) activities target only those voter identification, GOTV, and generic campaign efforts that occur "in connection with an election in which a candidate for a Federal office appears on the ballot." 2 U. S. C. § 431(20)(A)(ii). Appropriately, in implementing this subsection, the FEC has categorically excluded all activity that takes place during the runup to elections when no federal office is at stake.63 Furthermore, state committees can take advantage of the Levin Amendment's higher contribution limits to fund any § 301(A)(20)(i) and § 301(A)(20)(ii) activities that do not specifically mention a federal candidate. 2 U. S. C. §§ 441i(b)(2)(B)(i)-(ii). The prohibition on the use of soft money in connection with these activities is therefore closely drawn to meet the sufficiently important governmental interests of avoiding corruption and its appearance.
"Public communications" that promote or attack a candidate for federal office—the third category of "Federal election activity," § 301(20)(A)(iii)—also undoubtedly have a dramatic effect on federal elections. Such ads were a prime motivating force behind BCRA's passage. See 3 1998 Senate Report 4535 (additional views of Sen. Collins) ("[T]he
63 With respect to GOTV, voter identification, and other generic campaign activity, the FEC has interpreted § 323(b) to apply only to those activities conducted after the earliest filing deadline for access to the federal election ballot or, in States that do not conduct primaries, after January 1 of even-numbered years. 11 CFR § 100.24(a)(1) (2002). Any activities conducted outside of those periods are completely exempt from regulation under § 323(b). Of course, this facial challenge does not present the question of the FEC regulations' constitutionality. But the fact that the statute provides this basis for the FEC reasonably to narrow § 301(20)(A)(ii) further calls into question plaintiffs' claims of facial over-breadth. See Broadrick v. Oklahoma, 413 U. S. 601, 613 (1973).
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