U.S. Supreme Court Hears Challenge to Coordinated Campaign Finance Limits for Political Parties.  It Could Unleash Another Torrent of Election Cash.



The U.S. Supreme Court heard arguments December 9th on whether money contributed to a political party for certain campaign expenses can be restricted.  If the high court overturns a 2001 case, it could open yet another torrent of special interest influence in federal elections.

National Republican Senatorial Committee v. FEC attempts to strike down spending limits by party-affiliated groups as a violation of free speech.  While national political parties can make unlimited donations to a candidate, they are limited in what’s called “coordinated spending” by the party for the candidate, which can include renting venues, sending mail or most importantly, advertising.  

The current case law stems from 2001, when the court upheld limits in FEC v. Colorado Republican Federal Campaign Committee.  The Citizens United and McCutcheon decisions later gave rise to SuperPACs, to which donors can give unlimited amounts of money, but theoretically can’t coordinate with the campaign, called “independent expenditures.”  Campaigns sometimes use “red boxing” with the PACs, flouting those rules by hinting on their websites at what is needed for advertising and campaign support. 

The court’s far-right justices have consistently advocated for overturning limits on campaign spending.  It’s possible that some of the billions going to SuperPACs could shift to party coffers, but it’s also possible that even more special interest money could flood federal elections.

We have more at AmericanDemocracyMinute.org. I’m Brian Beihl. 

Today’s Links

Articles & Resources:

U.S. Supreme Court – (All Briefs) Docket for National Republican Senatorial Committee v. Federal Election Committee
NATIONAL REPUBLICAN SENATORIAL COMMITTEE – Main Brief 
Federal Election Commission – Coordinated party expenditures
Federal Election Commissionn – Understanding independent expenditures
SCOTUS Blog – Supreme Court difficult to read in case on campaign finance limitations
Brennan Center for Justice – National Republican Senatorial Committee v. Federal Election Commission

American Democracy Minute – How Campaigns Use “Red Boxing” to Coordinate with Super PACs

Groups Taking Action:

Campaign Legal Center, American Promise, Common Cause 

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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