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9 - An Ill-Fitting Party Campaign Finance Jurisprudence

from Part III - The Party, the Court, and Campaign Finance Law

Published online by Cambridge University Press:  16 June 2022

Wayne Batchis
Affiliation:
University of Delaware
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Summary

The previous chapter explained how FECA carved out a special rule for political parties: first, exempting them from the general limitations on both contributions and expenditures; second, replacing these limitations with a single restriction on expenditures (with a total limit that differed depending upon whether the expenditures were for a presidential campaign or for a member of Congress).1 One might imply from this conflation of expenditures and contributions that, when made by a political party, Congress saw little reason to distinguish between a contribution to a candidate and an expenditure supporting that candidate. After all, one might reasonably opine, a party’s candidates and the party itself are inextricably linked, if not one and the same. A party exists to get its candidates elected.

Type
Chapter
Information
Throwing the Party
How the Supreme Court Puts Political Party Organizations Ahead of Voters
, pp. 148 - 168
Publisher: Cambridge University Press
Print publication year: 2022

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