McConnell v. Federal Election Comm'n, 540 U.S. 93, 84 (2003)

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

Opinion of the Court

liciting funds from large donors and restricted sources to like-minded organizations engaging in federal election activities. As the record demonstrates, even before the passage of BCRA, federal candidates and officeholders had already begun soliciting donations to state and local parties, as well as tax-exempt organizations, in order to help their own, as well as their party's, electoral cause. See Colorado II, 533 U. S., at 458 (quoting fundraising letter from a Congressman explaining to contributor that " 'you are at the limit of what you can directly contribute to my campaign,' but 'you can further help my campaign by assisting the Colorado Republican Party' "); 251 F. Supp. 2d, at 479-480 (Kollar-Kotelly, J.) (surveying evidence of federal officeholders soliciting funds to state and local parties); id., at 848 (Leon, J.) (same); id., at 518 (Kollar-Kotelly, J.) (surveying evidence of federal office-holders soliciting funds for nonprofits for electioneering purposes); id., at 849 (Leon, J.) (same). The incentives to do so, at least with respect to solicitations to tax-exempt organizations, will only increase with Title I's restrictions on the raising and spending of soft money by national, state, and local parties.

Section 323(e) addresses these concerns while accommodating the individual speech and associational rights of federal candidates and officeholders. Rather than place an outright ban on solicitations to tax-exempt organizations, § 323(e)(4) permits limited solicitations of soft money. 2 U. S. C. § 441i(e)(4). This allowance accommodates individuals who have long served as active members of nonprofit organizations in both their official and individual capacities. Similarly, §§ 323(e)(1)(B) and 323(e)(3) preserve the traditional fundraising role of federal officeholders by providing limited opportunities for federal candidates and officeholders to associate with their state and local colleagues through joint fundraising activities. 2 U. S. C. §§ 441i(e)(1)(B), 441i(e)(3). Given these many exceptions, as well as the substantial threat of corruption or its appearance posed by dona-

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