Summary
For more information, see CRS Report R45320, Campaign Finance Law:
An Analysis of Key Issues, Recent Developments, and Constitutional
Considerations for Legislation, by L. Paige Whitaker (2023).
Information as of May 31, 2024. Prepared by L. Paige Whitaker, Legislative Attorney; Amanda M. Black, Paralegal Specialist;
and Juan Pablo Madrid, Visual Information Specialist.
1
FECA establishes contribution limits, which refer to how much a
donor can contribute
Contribution limits
What has the Supreme Court said about
contribution limits?
The Supreme Court held that limits on contributions
and expenditures implicate First Amendment free
speech rights and that such limits must serve the
governmental interest in avoiding quid pro quo
corruption or its appearance
Contribution: Involves giving
money to an entity, such as a
candidate's campaign committee
Independent Expenditures (IE):
Involves spending money directly
for advocacy of the election or
defeat of a candidate,
independently of any candidate or
political party
Disclaimer and disclosure requirements
FECA contains disclaimer and disclosure requirements
What has the Supreme Court said about
disclaimer and disclosure requirements?
The Supreme Court held that disclaimer
requirements "insure that the voters are fully informed
about the person or group who is speaking"
Disclosure: Requires that political
committees register with the FEC
and comply with periodic
reporting requirements
Disclaimers: Requires that
statements of attribution appear
directly on campaign-related
communications
Source restrictions
FECA contains several bans, referred to as source restrictions, on
who may make campaign contributions
What has the Supreme Court said about
banning foreign money?
The Supreme Court summarily armed a three-judge
federal district court ruling that upheld FECA's foreign
money ban against a First Amendment challenge and
that identi-ed a compelling governmental interest in
limiting foreign citizens' inuence over U.S. elections
Corporate/Union Contributions:
Bans contributions directly from
treasury funds; must establish a
political action committee (PAC) to
make contributions
Foreign Money:
Bans contributions and IEs by
foreign nationals
1972 FECA of 1971
Established reporting and disclosure
requirements
1974 FECA of 1974
Made signi-cant amendments in
response to Watergate; established the
Federal Election Commission (FEC)
1976 Buckley v. Valeo
Upheld FECA's limits and disclosure
requirements and invalidated IE limits
1976 FECA of 1976
Made amendments in response to Buckley
2002 Bipartisan Campaign Reform Act
of 2002 (BCRA)
Made comprehensive amendments to
FECA, including disclaimer and
disclosure requirements
2003 McConnell v. FEC
Invalidated FECA's ban on minors'
contributions and requirement that
parties choose between coordinated and
independent expenditures; upheld
major BCRA provisions
2008 Davis v. FEC
Invalidated FECA's increased
contribution limits for candidates whose
opponents signi-cantly self--nance
2010 Citizens United v. FEC
Invalidated FECA's ban on corporate and
union IEs and electioneering
communications, partially overruling
McConnell; upheld disclaimer and
disclosure requirements
2014 McCutcheon v. FEC
Invalidated FECA's aggregate
contribution limits
2012 Bluman v. FEC
Summarily armed a lower court ruling
that upheld FECA's ban on foreign money
2022 FEC v. Ted Cruz for Senate
Invalidated FECA's cap on contributions
used to repay candidate loans
Campaign Finance Law and the U.S. Supreme Court
Federal campaign -nance law is composed of three primary components:
Contribution limits Disclosure and disclaimer requirements Source restrictions
While the Federal Election Campaign Act (FECA) sets forth the statutory provisions governing these
components, several Supreme Court rulings have had a signi-cant impact on the regulatory scope
of FECA.1