[EL] Technical error in McCutcheon majority opinion?

[Rick Hasen]

The Chief Justice writes:

    It is not clear how many candidates a PAC must support before our
    dedicated donor can avoid being tagged with the impermissible
    knowledge that "a substantial portion" of his contribution will go
    to Smith. But imagine that the donor is one of ten equal donors to a
    PAC that gives the highest possible contribution to Smith.^8
    <#co_footnote_B00982033076532_1>The PAC may give no more than $2,600
    per election to Smith. Of that sum, just $260 will be attributable
    to the donor intent on circumventing the base limits. Thus far he
    has hardly succeeded in funneling "massive amounts of money" to
    Smith. /Buckley, supra,/at 38, 96 S.Ct. 612.
    <http://www.westlaw.com/Link/Document/FullText?findType=Y&serNum=1976142308&pubNum=708&originationContext=document&vr=3.0&rs=cblt1.0&transitionType=DocumentItem&contextData=%28sc.Keycite%29>

Wouldn't such PACs be subject to a $5,000 contribution limitation rather 
than $2,600?

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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