174
Opinion of the Court
New FECA § 323(d)'s Restrictions on Parties' Solicitations for, and Donations to, Tax-Exempt Organizations
Section 323(d) prohibits national, state, and local party committees, and their agents or subsidiaries, from "solicit-[ing] any funds for, or mak[ing] or direct[ing] any donations" to, any organization established under § 501(c) of the Internal Revenue Code 66 that makes expenditures in connection with an election for federal office, and any political organizations established under § 527 "other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office." 67 2 U. S. C. § 441i(d) (Supp. II). The District Court struck down the provision on its face. We reverse and uphold § 323(d), narrowly construing the section's ban on donations to apply only to the donation of funds not raised in compliance with FECA.
1. New FECA § 323(d)'s Regulation of Solicitations
The Government defends § 323(d)'s ban on solicitations to tax-exempt organizations engaged in political activity as preventing circumvention of Title I's limits on contributions of soft money to national, state, and local party committees. That justification is entirely reasonable. The history of Congress' efforts at campaign finance reform well demonstrates that "candidates, donors, and parties test the limits of the
66 Section 501(c) organizations are groups generally exempted from taxation under the Internal Revenue Code. 26 U. S. C. § 501(a). These include § 501(c)(3) charitable and educational organizations, as well as § 501(c)(4) social welfare groups.
67 Section 527 "political organizations" are, unlike § 501(c) groups, organized for the express purpose of engaging in partisan political activity. They include any "party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures" for the purpose of "influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office." 26 U. S. C. § 527(e).
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