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Policy Alert

April 2, 2013

Supreme Court Campaign Finance Decision Invalidates Aggregate Limits

Today, in a five-to-four decision [ https://sites-akingump.vuturevx.com/email_handler.aspx?sid=5c1c3c46-5cfd-4622-98a7-836f8e4ce3fe&redirect=http%3a%2f%2fwww.supremecourt.gov%2fopinions%2f13pdf%2f12-536_e1pf.pdf ] written by Chief Justice Roberts, the U.S. Supreme Court invalidated the aggregate limits restricting the total contributions individual donors could make to candidates, political action committees and political party committees in a

two-year election cycle (“Aggregate Limits”). The Court’s final ruling has been widely anticipated as the most consequential campaign finance decision since the landmark 2010 “Citizens United” ruling [ https://sites-akingump.vuturevx.com/email_handler.aspx?sid=5c1c3c46-5cfd-4622-98a7-836f8e4ce3fe&redirect=http%3a%2f%2fwww.akingump.com%2fen%2fnews-publications%2fsupreme-court-overturns-restrictions-on-corporate-and-union-spending-in-elections.html ] , which eliminated the ban on independent corporate spending in elections.

Holding that the “Congress may not regulate contributions simply to reduce the amount of money in politics, or to restrict the political participation of some in order to enhance the relative influence of others,” the Court declined to accept the government’s arguments that the Aggregate Limits are necessary to prevent corruption or the appearance of corruption. The Court concluded that such concerns are addressed by the base limits which restrict the amount of money an individual may give to a particular candidate, political action committee or political party committee as well as anti-circumvention regulations adopted by the Federal Election Commission since Buckley v. Valeo in 1976.

Click here [ https://sites-akingump.vuturevx.com/email_handler.aspx?sid=5c1c3c46-5cfd-4622-98a7-836f8e4ce3fe&redirect=http%3a%2f%2fwww.akingump.com%2fen%2fnews-publications%2fsupreme-court-campaign-finance-decision-invalidates-aggregate.html ] to read the full alert.

CONTACT INFORMATION

If you have any questions concerning this alert, please contact:

Melissa L. Laurenza

mlaurenza@akingump.com [ mailto:mlaurenza@akingump.com ]

202.887.4251

Washington, D.C.

Samuel J. Olswanger

solswanger@akingump.com [ mailto:solswanger@akingump.com ]

202.416.5142

Washington, D.C.

Hayley Evans

hevans@akingump.com [ mailto:hevans@akingump.com ]

202.416.5156

Washington, D.C.

Pratik A. Shah

pshah@akingump.com [ mailto:pshah@akingump.com ]

202.887.4210

Washington, D.C.

www.akingump.com

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