In 2014, the Supreme Court ruled in favor of my client, Alabama engineer Shaun McCutcheon, in his challenge to the Federal Election Commission’s (FEC) outdated “aggregate limits,” which effectively limited how many candidates any one donor could support.
Anti-speech liberals railed against McCutcheon’s win, arguing it would create supersized “Joint Fundraising Committees” (JFCs). In court, they claimed these JFCs would allow a single donor to cut a multimillion-dollar check, and the JFC would then route funds through dozens of participating state parties, who would then funnel it back to the final recipient.
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Here’s what you can do, legally. Per election, an individual donor can contribute $2,700 to any candidate, $10,000 to any state party committee, and (during the 2016 cycle) $33,400 to a national party’s main account. These groups can all get together and take a single check from a donor for the sum of those contribution limits — it’s legal because the donor cannot exceed the base limit for any one recipient. And state parties can make unlimited transfers to their national party.
Here’s what you can’t do, which the Clinton machine appeared to do anyway. As the Supreme Court made clear in McCutcheon v. FEC, the JFC may not solicit or accept contributions to circumvent base limits, through “earmarks” and “straw men” that are ultimately excessive — there are five separate prohibitions here.