Cite as: 540 U. S. 93 (2003)
Opinion of the Court
up its right to make independent expenditures if it believes that it can accomplish more with coordinated expenditures. It is quite another thing, however, to say that the RNC must limit itself to $5,000 in coordinated expenditures in support of its Presidential nominee if any state or local committee first makes an independent expenditure for an ad that uses magic words. That odd result undermines any claim that new § 315(d)(4) can withstand constitutional scrutiny simply because it is cast as a voluntary choice rather than an outright prohibition on independent expenditures.
The portion of the judgment of the District Court invalidating BCRA § 213 is affirmed.
BCRA § 214's Changes in FECA's Provisions Covering Coordinated Expenditures Ever since our decision in Buckley, it has been settled that expenditures by a noncandidate that are "controlled by or coordinated with the candidate and his campaign" may be treated as indirect contributions subject to FECA's source and amount limitations. 424 U. S., at 46. Thus, FECA § 315(a)(7)(B)(i) long has provided that "expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents, shall be considered to be a contribution to such candidate." 2 U. S. C. § 441a(a) (7)(B)(i). Section 214(a) of BCRA creates a new FECA § 315(a)(7)(B)(ii) that applies the same rule to expenditures coordinated with "a national, State, or local committee of a political party." 2 U. S. C. § 441a(a)(7)(B)(ii) (Supp. II).97 Sections 214(b) and (c) direct the FEC to repeal
97 The italicized portion of the following partial quotation of FECA § 315(a)(7) was added by § 214 of BCRA:
"For purposes of this subsection— "(A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions made to such candidate;
"(B)(i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his author-
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