McConnell v. Federal Election Comm'n, 540 U.S. 93, 259 (2003)

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358

McCONNELL v. FEDERAL ELECTION COMM'N

Rehnquist, C. J., dissenting

(Supp. II).5 This section differs from other BCRA disclosure sections because it requires broadcast licensees to disclose requests to purchase broadcast time rather than requiring purchasers to disclose their disbursements for broadcast time. See, e. g., BCRA § 201. The Court concludes that § 504 "must survive a facial attack under any potentially ap-5 Section 315(e), as amended by BCRA § 504, provides: "Political record "(1) In general "A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—

"(A) is made by or on behalf of a legally qualified candidate for public office; or

"(B) communicates a message relating to any political matter of national importance, including—

"(i) a legally qualified candidate; "(ii) any election to Federal office; or "(iii) a national legislative issue of public importance. "(2) Contents of record "A record maintained under paragraph (1) shall contain information regarding—

"(A) whether the request to purchase broadcast time is accepted or rejected by the licensee;

"(B) the rate charged for the broadcast time; "(C) the date and time on which the communication is aired; "(D) the class of time that is purchased; "(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);

"(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and

"(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.

"(3) Time to maintain file "The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years."

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