McConnell v. Federal Election Comm'n, 540 U.S. 93, 131 (2003)

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230

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of the Court

of his personal funds.1 The provisions also eliminate the coordinated expenditure limits in certain circumstances.2

In their challenge to the millionaire provisions, the Adams plaintiffs allege the same injuries that they alleged with regard to BCRA § 307. For the reasons discussed above, they fail to allege a cognizable injury that is "fairly traceable" to BCRA. Additionally, as the District Court noted, "none of the Adams plaintiffs is a candidate in an election affected by the millionaire provisions—i. e., one in which an opponent chooses to spend the triggering amount in his own funds— and it would be purely 'conjectural' for the court to assume that any plaintiff ever will be." 251 F. Supp. 2d 176, 431 (DC 2003) (case below) (Henderson, J., concurring in judgment in part and dissenting in part) (quoting Lujan, 504 U. S., at 560). We affirm the District Court's dismissal of the Adams plaintiffs' challenge to the millionaire provisions for lack of standing.

BCRA § 311

FECA § 318 requires that certain communications "authorized" by a candidate or his political committee clearly identify the candidate or committee or, if not so authorized, identify the payor and announce the lack of authorization. 2 U. S. C. § 441d (2000 ed. and Supp. II). BCRA § 311 makes several amendments to FECA § 318, among them the expansion of this identification regime to include disbursements for "electioneering communications" as defined in BCRA § 201.

1 To qualify for increased candidate contribution limits, the "opposition personal funds amount," which depends on expenditures by a candidate and her self-financed opponent, must exceed a "threshold amount." 2 U. S. C. §§ 441a(i)(1)(D), 441a-1(a)(2)(A) (Supp. II).

2 If the "opposition personal funds amount" is at least 10 times the "threshold amount" in a Senate race, or exceeds $350,000 in a House of Representatives race, the coordinated party expenditure limits do not apply. §§ 441a(i)(1)(C)(iii), 441a-1(a)(1)(C).

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