Cite as: 540 U. S. 93 (2003)
Opinion of the Court
the year 2000, that formula permitted expenditures ranging from $33,780 to $67,650 for House of Representatives races, and from $67,650 to $1.6 million for Senate races. Colorado II, 533 U. S., at 439, n. 3. We held in Colorado I that parties have a constitutional right to make unlimited independent expenditures, and we invalidated § 315(d) to the extent that it restricted such expenditures. As a result of that decision, § 315(d) applies only to coordinated expenditures, replacing the $5,000 cap on contributions set out in § 315(a)(2) with the more generous limitations prescribed by §§ 315(d)(1)-(3). We sustained that limited application in Colorado II, supra.
Section 213 of BCRA amends § 315(d) by adding a new paragraph (4). New § 315(d)(4)(A) provides that, after a party nominates a candidate for federal office, it must choose between two spending options. Under the first option, a party that "makes any independent expenditure (as defined in section [301(17)])" is thereby barred from making "any coordinated expenditure under this subsection." 2 U. S. C. § 441a(d)(4)(A)(i) (Supp. II). The phrase "this subsection" is a reference to subsection (d) of § 315. Thus, the consequence of making an independent expenditure is not a complete prohibition of any coordinated expenditure: Although the party cannot take advantage of the increased spending limits under §§ 315(d)(1)-(3), it still may make up to $5,000 in coordinated expenditures under § 315(a)(2). As the difference between $5,000 and $1.6 million demonstrates,
campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds—
"(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of—
"(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e) of this section); or
"(ii) $20,000; and "(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000." 2 U. S. C. §§ 441a(d)(2)-(3).
215
Page: Index Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 NextLast modified: October 4, 2007