[EL] Technical error in McCutcheon majority opinion?

[Rick Hasen]

Thanks.  Got it now. I misunderstood the CJ's hypothetical.

On 4/18/14, 7:08 PM, Elias, Marc (Perkins Coie) wrote:
> 12-536 McCutcheon v. Federal Election Comm'n (04/02/2014)
> See the text of the footnote:
>
> 8Even those premises are generous because they assume that the donor 
> contributes to non-multicandidate PACs, which are relatively rare. 
> Multicandidate PACs, by contrast, must have more than 50 contributors. 
> 11 CFR §100.5(e)(3). The more contributors, of course, the more the 
> donor’s share in any eventual contribution to Smith is diluted.
>
> --
> Marc E. Elias
> Perkins Coie LLP
> 700 13th St, NW
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>
>
>
> From: Rick Hasen <rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>>
> Date: Friday, April 18, 2014 at 9:17 PM
> To: "law-election at UCI.edu <mailto:law-election at UCI.edu>" 
> <law-election at UCI.edu <mailto:law-election at UCI.edu>>
> Subject: [EL] Technical error in McCutcheon majority opinion?
>
> 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.[westlaw.com]
>     <https://urldefense.proofpoint.com/v1/url?u=http://www.westlaw.com/Link/Document/FullText?findType%3DY%26serNum%3D1976142308%26pubNum%3D708%26originationContext%3Ddocument%26vr%3D3.0%26rs%3Dcblt1.0%26transitionType%3DDocumentItem%26contextData%3D%2528sc.Keycite%2529&k=06%2F1%2FwqqQY9VYFo4IVhphQ%3D%3D%0A&r=%2FiLgDh%2FyV%2BCnaAO3kAA78oY8zditsxp%2FNg5%2B6k2xi4o%3D%0A&m=VPMSMz30qrLfrE3lA4sX3y6gcX3snaFECTjDUmFUuKU%3D%0A&s=f00f0406a251a12bfcabe606693ba8f92dac123d51954d4de0f2a66fbe48281f>
>
> 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.eduhttp://www.law.uci.edu/faculty/full-time/hasen/[law.uci.edu]http://electionlawblog.org[electionlawblog.org]
>
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-- 
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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