buckley valeo argued november decided january together buckley et al valeo secretary senate et appeal district district columbia federal election campaign act act amended limits political contributions candidates federal elective office individual group political committee single candidate per election overall annual limitation individual contributor limits expenditures individuals groups relative clearly identified candidate per candidate per election candidate personal family funds various specified annual amounts depending upon federal office sought restricts overall general election primary campaign expenditures candidates various specified amounts depending upon federal office sought requires political committees keep detailed records contributions expenditures including name address individual contributing excess occupation principal place business contribution exceeds file quarterly reports federal election commission disclosing source every contribution exceeding recipient purpose every expenditure also requires every individual group candidate political committee making contributions expenditures exceeding contribution political committee candidate file statement commission creates commission administering agency recordkeeping disclosure investigatory functions extensive rulemaking adjudicatory enforcement powers consisting two members appointed president pro tempore senate two speaker house two president subject confirmation houses congress secretary senate clerk house ex officio nonvoting members subtitle internal revenue code irc amended provides public financing presidential nominating conventions general election primary campaigns general revenues allocates funding conventions general election campaigns establishing three categories major parties whose candidate received vote recent election receive full funding minor parties whose candidate received least less votes last election receive percentage funds major parties entitled new parties parties limited receipt funds entitled funds candidate receives less vote primary candidate presidential nomination political party receives private sources counting first contribution least eligible matching public funds appellants various federal officeholders candidates supporting political organizations others brought suit appellees secretary senate clerk house comptroller general attorney general commission seeking declaratory injective relief statutory provisions various constitutional grounds appeals certified questions district upheld one statutory provisions district upheld constitutionality subtitle held litigation presents art iii case controversy since complaint discloses least appellants sufficient personal stake determination constitutional validity challenged provisions present real substantial controversy admitting specific relief decree conclusive character distinguished opinion advising law upon hypothetical state facts aetna life ins haworth pp act contribution provisions constitutional expenditure provisions violate first amendment pp contribution provisions along covering disclosure appropriate legislative weapons reality appearance improper influence stemming dependence candidates large campaign contributions ceilings imposed accordingly serve basic governmental interest safeguarding integrity electoral process without directly impinging upon rights individual citizens candidates engage political debate discussion pp first amendment requires invalidation act independent expenditure ceiling limitation candidate expenditures personal funds ceilings overall campaign expenditures since provisions place substantial direct restrictions ability candidates citizens associations engage protected political expression restrictions first amendment tolerate pp act disclosure recordkeeping provisions constitutional pp general disclosure provisions serve substantial governmental interests informing electorate preventing corruption political process overbroad insofar apply contributions minor parties independent candidates blanket exemption minor parties warranted since parties order prove injury result application disclosure provisions need show reasonable probability compelled disclosure party contributors names subject threats harassment reprisals violation first amendment associational rights pp provision disclosure make independent contributions expenditures narrowly construed apply make contributions earmarked political purposes authorized requested candidate agent person candidate political committee make expenditure communication expressly advocates election defeat clearly identified candidate unconstitutionally vague constitute prior restraint reasonable minimally restrictive method furthering first amendment values public exposure federal election system pp extension recordkeeping provisions contributions small disclosure provisions contributions record overbroad since said unrelated informational enforcement goals legislation pp subtitle irc constitutional pp subtitle invalid general welfare clause means reform electoral process clearly choice within power granted congress clause decide expenditures promote general welfare pp subtitle violate first amendment rather abridging restricting censoring speech represents effort use public money facilitate enlarge public discussion participation electoral process pp subtitle less burdensome regulations enacted furtherance vital governmental interests relieving candidates rigors soliciting private contributions funding candidates lack significant public support eliminating reliance large private contributions funding conventions campaigns invidiously discriminate minor new parties violation due process clause fifth amendment pp invalidation provisions act render subtitle unconstitutional subtitle severable provisions dependent upon existence generally applicable expenditure limit pp commission composition investigative informative powers violates art ii cl respect commission powers ripe review enforce act including primary responsibility bringing civil actions violators make rules carrying act temporarily disqualify federal candidates failing file required reports authorize convention expenditures excess specified limits provisions act vesting powers commission prescribed method appointment members commission extent majority voting members appointed president pro tempore senate speaker house violate appointments clause provides pertinent part president shall nominate senate advice consent appoint officers whose appointments otherwise provided congress may vest appointment inferior officers deems proper president alone courts heads departments hence though commission past acts accorded de facto validity stay granted permitting function act days commission presently constituted may clause exercise powers exercised officers appointed conformity appointments clause although may exercise investigative informative powers category powers congress might delegate one committees pp per curiam opinion case controversy part post pp participating members joined parts brennan stewart powell joined marshall joined part blackmun joined part rehnquist joined part burger joined parts iv except insofar accords de facto validity commission past acts white joined part iii burger post white post marshall post blackmun post rehnquist post filed opinions concurring part dissenting part stevens took part consideration decision cases ralph winter pro hac vice joel gora brice clagett argued cause appellants briefs melvin wulf deputy solicitor general friedman archibald cox lloyd cutler ralph spritzer argued cause appellees friedman brief appellees levi federal election commission attorney general levi pro se solicitor general bork louis claiborne cutler brief appellees center public financing elections et al paul mode william lake kenneth guido fred wertheimer spritzer brief appellee federal election commission paul bender attorney general levi pro se solicitor general bork deputy solicitor general randolph filed brief appellee levi amicus fn thomas monaghan filed brief james longley amicus curiae urging reversal cox filed brief hugh scott et al amici curiae urging affirmance briefs amici curiae filed jerome falk daniel lowenstein howard sachs guy heinemann california fair political practices commission et al lee metcalf pro se roger king metcalf vincent hallinan socialist labor party marguerite buckley los angeles county central committee peace freedom party committee democratic election laws per curiam appeals present constitutional challenges key provisions federal election campaign act act related provisions internal revenue code amended appeals sustaining legislation large part various constitutional challenges viewed far comprehensive reform legislation ever passed congress concerning election president members congress app statutes issue summarized broad terms contain following provisions individual political contributions limited single candidate per election overall annual limitation contributor independent expenditures individuals groups relative clearly identified candidate limited year campaign spending candidates various federal offices spending national conventions political parties subject prescribed limits contributions expenditures certain threshold levels must reported publicly disclosed system public funding presidential campaign activities established subtitle internal revenue code federal election commission established administer enforce legislation suit originally filed appellants district district columbia plaintiffs included candidate presidency senator candidate potential contributor committee constitutional presidency mccarthy conservative party state new york mississippi republican party libertarian party new york civil liberties union american conservative union conservative victory fund human events inc defendants included secretary senate clerk house representatives official capacities ex officio members federal election commission commission named defendant also named attorney general comptroller general jurisdiction asserted act supp iv complaint sought declaratory judgment major provisions act unconstitutional injunction enforcement provisions appellants requested convocation district matters also requested certification constitutional questions appeals pursuant terms district judge denied application directed case transmitted appeals entered order stating case preliminarily deemed properly certified leave intervene granted various groups individuals considering matters regarding factfinding procedures appeals entered order en banc remanding case district identify constitutional issues complaint take whatever evidence found necessary addition submissions suitably dealt way judicial notice make findings fact reference issues certify constitutional questions arising foregoing steps appeals remand district judge entered memorandum order adopting extensive findings fact transmitting augmented record back appeals plenary review majority appeals rejected part appellants constitutional attacks found clear compelling interest app preserving integrity electoral process basis upheld one exception substantive provisions act respect contributions expenditures disclosure also sustained constitutionality newly established federal election commission concluded notwithstanding manner selection members breadth powers included nonlegislative functions commission constitutionally authorized agency created perform primarily legislative functions provisions public funding three stages presidential selection process upheld valid exercise congressional power general welfare clause constitution art appellants argue appeals failed give legislation critical scrutiny demanded accepted first amendment equal protection principles appellants view limiting use money political purposes constitutes restriction communication violative first amendment since virtually meaningful political communications modern setting involve expenditure money argue reporting disclosure provisions act unconstitutionally impinge right freedom association appellants also view federal subsidy provisions subtitle violative general welfare clause inconsistent first fifth amendments finally appellants renew attack commission composition powers outset must determine whether case us presents case controversy within meaning art iii constitution congress may course require render opinions matters cases controversies aetna life ins haworth must therefore decide whether appellants personal stake outcome controversy necessary meet requirements art iii baker carr clear congress enacting supp iv intended provide judicial review extent permitted art iii view complaint case demonstrates least appellants sufficient personal stake determination constitutional validity challenged provisions present real substantial controversy admitting specific relief decree conclusive character distinguished opinion advising law upon hypothetical state facts aetna life ins haworth supra contribution expenditure limitations constitutional power congress regulate federal elections well established questioned parties case thus critical constitutional questions presented go basic power congress legislate area whether specific legislation congress enacted interferes first amendment freedoms invidiously discriminates nonincumbent candidates minor parties contravention fifth amendment general principles first amendment protects political association well political expression constitutional right association explicated naacp alabama stemmed recognition ffective advocacy public private points view particularly controversial ones undeniably enhanced group association subsequent decisions made clear first fourteenth amendments guarantee freedom associate others common advancement political beliefs ideas freedom encompasses right associate political party one choice kusper pontikes quoted cousins wigoda principles mind consider primary contentions parties respect act limitations upon giving spending money political campaigns conflicting contentions sharply define basic issues us appellees contend act regulates conduct effect speech association incidental appellants respond contributions expenditures core political speech act limitations thus constitute restraints first amendment liberty gross direct upholding constitutional validity act contribution expenditure provisions ground provisions viewed regulating conduct speech appeals relied upon see app case involved defendant claim first amendment prohibited prosecution burning draft card act symbolic speech engaged demonstration war draft assumption alleged communicative element conduct sufficient bring play first amendment sustained conviction found sufficiently important governmental interest regulating element unrelated suppression free expression incidental restriction alleged first amendment freedoms greater essential furtherance interest expressly emphasized case alleged governmental interest regulating conduct arises measure communication allegedly integral conduct thought harmful share view present act contribution expenditure limitations comparable restrictions conduct upheld expenditure money simply equated conduct destruction draft card forms communication made possible giving spending money involve speech alone involve conduct primarily involve combination two yet never suggested dependence communication expenditure money operates introduce non speech element reduce exacting scrutiny required first amendment see bigelow virginia new york times sullivan supra example cox louisiana contrasted picketing parading newspaper comment telegram citizen public official parading picketing activities said constitute conduct intertwined expression association whereas newspaper comment telegram described pure form expression involving free speech alone rather expression mixed particular conduct even categorization expenditure money conduct accepted limitations challenged meet test governmental interests advanced support act involve suppressing communication interests served act include restricting voices people interest groups money spend reducing overall scope federal election campaigns although act focus ideas expressed persons groups subject regulations aimed part equalizing relative ability voters affect electoral outcomes placing ceiling expenditures political expression citizens groups unlike selective service system administrative interest preservation draft cards wholly unrelated use means communication beyond dispute interest regulating alleged conduct giving spending money arises measure communication allegedly integral conduct thought harmful act contribution expenditure limitations sustained parties suggest reference constitutional principles reflected decisions cox louisiana supra adderley florida kovacs cooper cases stand proposition government may adopt reasonable time place manner regulations discriminate among speakers ideas order important governmental interest unrelated restriction communication see erznoznik city jacksonville contrast method expression held subject prohibition cox adderley kovacs involved place manner restrictions legitimate modes expression picketing parading demonstrating using soundtruck critical difference case time place manner cases present act contribution expenditure limitations impose direct quantity restrictions political communication association persons groups candidates political parties addition reasonable time place manner regulations otherwise imposed restriction amount money person group spend political communication campaign necessarily reduces quantity expression restricting number issues discussed depth exploration size audience reached virtually every means communicating ideas today mass society requires expenditure money distribution humblest handbill leaflet entails printing paper circulation costs speeches rallies generally necessitate hiring hall publicizing event electorate increasing dependence television radio mass media news information made expensive modes communication indispensable instruments effective political speech expenditure limitations contained act represent substantial rather merely theoretical restraints quantity diversity political speech ceiling spending relative clearly identified candidate supp iv appear exclude citizens groups except candidates political parties institutional press significant use effective modes communication although act limitations expenditures campaign organizations political parties provide substantially greater room discussion debate required restrictions scope number past congressional presidential campaigns operate constrain campaigning candidates raise sums excess spending ceiling contrast limitation upon expenditures political expression limitation upon amount one person group may contribute candidate political committee entails marginal restriction upon contributor ability engage free communication contribution serves general expression support candidate views communicate underlying basis support quantity communication contributor increase perceptibly size contribution since expression rests solely undifferentiated symbolic act contributing size contribution provides rough index intensity contributor support candidate limitation amount money person may give candidate campaign organization thus involves little direct restraint political communication permits symbolic expression support evidenced contribution way infringe contributor freedom discuss candidates issues contributions may result political expression spent candidate association present views voters transformation contributions political debate involves speech someone contributor given important role contributions financing political campaigns contribution restrictions severe impact political dialogue limitations prevented candidates political committees amassing resources necessary effective advocacy indication however contribution limitations imposed act dramatic adverse effect funding campaigns political associations overall effect act contribution ceilings merely require candidates political committees raise funds greater number persons compel people otherwise contribute amounts greater statutory limits expend funds direct political expression rather reduce total amount money potentially available promote political expression act contribution expenditure limitations also impinge protected associational freedoms making contribution like joining political party serves affiliate person candidate addition enables persons pool resources furtherance common political goals act contribution ceilings thus limit one important means associating candidate committee leave contributor free become member political association assist personally association efforts behalf candidates act contribution limitations permit associations candidates aggregate large sums money promote effective advocacy contrast act limitation independent expenditures relative clearly identified candidate precludes associations effectively amplifying voice adherents original basis recognition first amendment protection freedom association see naacp alabama act constraints ability independent associations candidate campaign organizations expend resources political expression simultaneously interference freedom adherents sweezy new hampshire plurality opinion see cousins wigoda naacp button sum although act contribution expenditure limitations implicate fundamental first amendment interests expenditure ceilings impose significantly severe restrictions protected freedoms political expression association limitations financial contributions contribution limitations section provides certain limited exceptions person shall make contributions candidate respect election federal office aggregate exceed statute defines person broadly include individual partnership committee association corporation organization group persons limitation reaches gift subscription loan advance deposit anything value promise give contribution made purpose influencing primary election presidential preference primary general election federal office ceiling applies regardless whether contribution given candidate committee authorized writing candidate accept contributions behalf indirectly via earmarked gifts passed intermediary candidate restriction applies aggregate amounts contributed candidate election primaries runoff elections general elections counted separately presidential primaries held calendar year treated together single election campaign appellants contend contribution ceiling unjustifiably burdens first amendment freedoms employs overbroad dollar limits discriminates candidates opposing incumbent officeholders candidates violation fifth amendment address claims invalidity turn appellees argue act restrictions large campaign contributions justified three governmental interests according parties amici primary interest served limitations indeed act whole prevention corruption appearance corruption spawned real imagined coercive influence large financial contributions candidates positions actions elected office two ancillary interests underlying act also allegedly furthered limits contributions first limits serve mute voices affluent persons groups election process thereby equalize relative ability citizens affect outcome elections second argued ceilings may extent act brake skyrocketing cost political campaigns thereby serve open political system widely candidates without access sources large amounts money unnecessary look beyond act primary purpose limit actuality appearance corruption resulting large individual financial contributions order find constitutionally sufficient justification contribution limitation system private financing elections candidate lacking immense personal family wealth must depend financial contributions others provide resources necessary conduct successful campaign increasing importance communications media sophisticated polling operations effective campaigning make raising large sums money ever essential ingredient effective candidacy extent large contributions given secure political quid pro quo current potential office holders integrity system representative democracy undermined although scope pernicious practices never reliably ascertained deeply disturbing examples surfacing election demonstrate problem illusory one almost equal concern danger actual quid pro quo arrangements impact appearance corruption stemming public awareness opportunities abuse inherent regime large individual financial contributions csc letter carriers supra found danger fair effective government posed partisan political conduct part federal employees charged administering law sufficiently important concern justify broad restrictions employees right partisan political association congress legitimately conclude avoidance appearance improper influence also critical confidence system representative government eroded disastrous extent appellants contend contribution limitations must invalidated bribery laws narrowly drawn disclosure requirements constitute less restrictive means dealing proven suspected quid pro quo arrangements laws making criminal giving taking bribes deal blatant specific attempts money influence governmental action disclosure requirements serve many salutary purposes discussed elsewhere opinion congress surely entitled conclude disclosure partial measure contribution ceilings necessary legislative concomitant deal reality appearance corruption inherent system permitting unlimited financial contributions even identities contributors amounts contributions fully disclosed act contribution limitation focuses precisely problem large campaign contributions narrow aspect political association actuality potential corruption identified leaving persons free engage independent political expression associate actively volunteering services assist limited nonetheless substantial extent supporting candidates committees financial resources significantly act contribution limitations undermine material degree potential robust effective discussion candidates campaign issues individual citizens associations institutional press candidates political parties find rigorous standard review established prior decisions weighty interests served restricting size financial contributions political candidates sufficient justify limited effect upon first amendment freedoms caused contribution ceiling second related overbreadth claim restriction unrealistically low much amount still enough enable unscrupulous contributor exercise improper influence candidate officeholder especially campaigns statewide national office contribution limitation provisions might well structured take account graduated expenditure limitations congressional presidential campaigns congress failure engage fine tuning invalidate legislation appeals observed satisfied limit contributions necessary scalpel probe whether say ceiling might serve well app distinctions degree become significant said amount differences kind compare kusper pontikes rosario rockefeller evidence support claim contribution limitations discriminate challengers incumbents challengers often defeat incumbents federal elections challengers federal elections usually men women well known influential community state often challengers incumbents important local state federal offices statistics record indicate challengers well incumbents capable raising large sums campaigning indeed small nonetheless significant number challengers recent elections outspent incumbent rivals extent incumbents generally likely challengers attract large contributions act ceiling practical effect benefiting challengers class contrary broad generalization drawn appellants practical impact contribution ceilings given election clearly depend upon amounts excess ceilings various reasons candidates election otherwise received utility additional amounts candidates sure limitations may significant effect particular challengers incumbents record provides basis predicting adventitious factors invariably invidiously benefit incumbents class since danger corruption appearance corruption apply equal force challengers incumbents congress ample justification imposing fundraising constraints upon charge discrimination independent candidates troubling record provides basis concluding act invidiously disadvantages candidates noted act face treats candidates equally regard contribution limitations restriction appear benefit independent candidates relative opponents candidates receive far money large contributions although force appellants response candidates primarily concerned ability amass resources necessary reach electorate rather funding position relative opponents record virtually devoid support claim contribution limitation serious effect initiation scope independent candidacies moreover attempt exclude minor parties independents en masse act contribution limitations overlooks fact candidates may win elective office substantial impact outcome election view considerations conclude impact act contribution limitation challengers candidates render provision unconstitutional face limitation contributions political committees section permits certain committees designated political committees contribute candidate respect election federal office order qualify higher contribution ceiling group must registered commission political committee supp iv less six months received contributions persons except state political party organizations contributed five candidates federal office appellants argue qualifications unconstitutionally discriminate ad hoc organizations favor established interest groups impermissibly burden free association argument without merit rather undermining freedom association basic provision enhances opportunity bona fide groups participate election process registration contribution candidate conditions serve permissible purpose preventing individuals evading applicable contribution limitations labeling committees limitations volunteers incidental expenses act excludes definition contribution value services provided without compensation individuals volunteer portion time behalf candidate political committee certain expenses incurred persons providing volunteer services candidate exempt ceiling extent exceed expenses expressly limited use real personal property cost invitations food beverages voluntarily provided individual candidate rendering voluntary personal services individual residential premises activities sale food beverage vendor use candidate campaign charge least equal cost less normal comparable charge unreimbursed payment travel expenses made individual behalf volunteers personal services candidate held basic contribution limitations constitutionally valid surely provisions constitutionally acceptable accommodation congress valid interest encouraging citizen participation political campaigns continuing guard corrupting potential large financial contributions candidates expenditure resources candidate direction fundraising event volunteer residence provision assistance form food beverages resold raise funds consumed participants event provides material financial assistance candidate ultimate effect person contributed dollar amount candidate candidate used contribution pay fundraising event food similarly travel undertaken volunteer direction candidate staff expense campaign may properly viewed contribution volunteer absorbs fare treating expenses contributions made candidate campaign direction candidate staff forecloses avenue abuse without limiting actions voluntarily undertaken citizens independently candidate campaign limitation total contributions calendar year addition limitation nonexempt contributions individual may make particular candidate single election act contains overall limitation total contributions individual calendar year contribution made connection election considered purposes subsection made year election held although constitutionality provision drawn question appellants separately addressed length parties overall ceiling impose ultimate restriction upon number candidates committees individual may associate means financial support quite modest restraint upon protected political activity serves prevent evasion contribution limitation person might otherwise contribute massive amounts money particular candidate use unearmarked contributions political committees likely contribute candidate huge contributions candidate political party limited additional restriction associational freedom imposed overall ceiling thus corollary basic individual contribution limitation found constitutionally valid expenditure limitations limitation expenditures relative clearly identified candidate section provides person may make expenditure relative clearly identified candidate calendar year added expenditures made person year advocating election defeat candidate exceeds plain effect prohibit individuals neither candidates owners institutional press facilities groups except political parties campaign organizations voicing views relative clearly identified candidate means entail aggregate expenditures calendar year provision example make federal criminal offense person association place single page advertisement relative clearly identified candidate major metropolitan newspaper examining interests advanced support expenditure ceiling consideration must given appellants contention provision unconstitutionally vague close examination specificity statutory limitation required legislation imposes criminal penalties area permeated first amendment interests see smith goguen cramp board public instruction smith california test whether language affords recision regulation must touchstone area closely touching precious freedoms naacp button key operative language provision limits expenditure relative clearly identified candidate although expenditure clearly identified candidate defined act definition clarifying expenditures relative candidate use indefinite phrase relative candidate fails clearly mark boundary permissible impermissible speech unless portions make sufficiently explicit range expenditures covered limitation section prohibits expenditure relative clearly identified candidate calendar year added expenditures advocating election defeat candidate exceeds emphasis added context clearly permits indeed require phrase relative candidate read mean advocating election defeat candidate construction refocuses vagueness question appeals mistaken thinking construction eliminates problem unconstitutional vagueness altogether app distinction discussion issues candidates advocacy election defeat candidates may often dissolve practical application candidates especially incumbents intimately tied public issues involving legislative proposals governmental actions candidates campaign basis positions various public issues campaigns generate issues public interest analogous context thomas collins observed hether words intended designed fall short invitation miss mark question intent effect speaker circumstances safely assume anything might say upon general subject understood invitation short supposedly distinction discussion laudation general advocacy solicitation puts speaker circumstances wholly mercy varied understanding hearers consequently whatever inference may drawn intent meaning distinction offers security free discussion conditions blankets uncertainty whatever may said compels speaker hedge trim constitutional deficiencies described thomas collins avoided reading limited communications include explicit words advocacy election defeat candidate much definition clearly identified requires explicit unambiguous reference candidate appear part communication reading provision suggested appellees arguing unds spent propagate one views issues without expressly calling candidate election defeat thus covered agree order preserve provision invalidation vagueness grounds must construed apply expenditures communications express terms advocate election defeat clearly identified candidate federal office turn basic first amendment question whether even thus narrowly explicitly construed impermissibly burdens constitutional right free expression appeals summarily held provision constitutionally valid ground section provision necessary prevent circumvention contribution limitations app agree discussion part supra explains act expenditure limitations impose far greater restraints freedom speech association contribution limitations markedly greater burden basic freedoms caused thus sustained simply invoking interest maximizing effectiveness less intrusive contribution limitations rather constitutionality turns whether governmental interests advanced support satisfy exacting scrutiny applicable limitations core first amendment rights political expression find governmental interest preventing corruption appearance corruption inadequate justify ceiling independent expenditures first assuming arguendo large independent expenditures pose dangers actual apparent quid pro quo arrangements large contributions provide answer sufficiently relates elimination dangers unlike contribution limitations total ban giving large amounts money candidates prevents large expenditures long persons groups eschew expenditures express terms advocate election defeat clearly identified candidate free spend much want promote candidate views exacting interpretation statutory language necessary avoid unconstitutional vagueness thus undermines limitation effectiveness provision facilitating circumvention seeking exert improper influence upon candidate naively underestimate ingenuity resourcefulness persons groups desiring buy influence believe much difficulty devising expenditures skirted restriction express advocacy election defeat nevertheless benefited candidate campaign yet substantial societal interest served provision designed check corruption permitted unscrupulous persons organizations expend unlimited sums money order obtain improper influence candidates elective office cf mills alabama second quite apart shortcomings preventing abuses generated large independent expenditures independent advocacy restricted provision presently appear pose dangers real apparent corruption comparable identified large campaign contributions parties defending contend necessary prevent contributors avoiding contribution limitations simple expedient paying directly media advertisements portions candidate campaign activities argue expenditures controlled coordinated candidate campaign might well virtually value candidate contribution pose similar dangers abuse yet controlled coordinated expenditures treated contributions rather expenditures act section contribution ceilings rather independent expenditure limitation prevent attempts circumvent act prearranged coordinated expenditures amounting disguised contributions contrast limits expenditures express advocacy candidates made totally independently candidate campaign unlike contributions independent expenditures may well provide little assistance candidate campaign indeed may prove counterproductive absence prearrangement coordination expenditure candidate agent undermines value expenditure candidate also alleviates danger expenditures given quid pro quo improper commitments candidate rather preventing circumvention contribution limitations severely restricts independent advocacy despite substantially diminished potential abuse independent expenditure ceiling thus fails serve substantial governmental interest stemming reality appearance corruption electoral process heavily burdens core first amendment expression first amendment right speak one mind public institutions includes right engage vigorous advocacy less abstract discussion new york times sullivan quoting bridges california naacp button advocacy election defeat candidates federal office less entitled protection first amendment discussion political policy generally advocacy passage defeat legislation argued however ancillary governmental interest equalizing relative ability individuals groups influence outcome elections serves justify limitation express advocacy election defeat candidates imposed expenditure ceiling concept government may restrict speech elements society order enhance relative voice others wholly foreign first amendment designed secure widest possible dissemination information diverse antagonistic sources assure unfettered interchange ideas bringing political social changes desired people new york times sullivan supra quoting associated press roth first amendment protection governmental abridgment free expression properly made depend person financial ability engage public discussion cf eastern conf noerr motors decisions mills alabama miami herald publishing tornillo held legislative restrictions advocacy election defeat political candidates wholly odds guarantees first amendment mills addressed question whether state consistently constitution make crime editor daily newspaper write publish editorial election day urging people vote certain way issues submitted emphasis original held test reasonableness save state law invalidation violation first amendment yet prohibition editorials invalidated mills clearly lesser intrusion constitutional freedom limitation amount money person association spend entire election year advocating election defeat candidate public office recently tornillo held florida constitutionally require newspaper make space available political candidate reply criticism yet florida statute every newspaper free criticize candidate much pleased long undertook modest burden printing reply see legislative restraint involved tornillo thus also pales comparison limitations imposed reasons stated conclude independent expenditure limitation unconstitutional first amendment limitation expenditures candidates personal family resources act also sets limits expenditures candidate personal funds personal funds immediate family connection campaigns calendar year ceilings vary presidential vice presidential candidates senatorial candidates candidates house representatives ceiling personal expenditures candidates behalf like limitations independent expenditures contained imposes substantial restraint ability persons engage protected first amendment expression candidate less person first amendment right engage discussion public issues vigorously tirelessly advocate election election candidates indeed particular importance candidates unfettered opportunity make views known electorate may intelligently evaluate candidates personal qualities positions vital public issues choosing among election day justice brandeis observation country public discussion political duty whitney california concurring opinion applies special force candidates public office section ceiling personal expenditures candidate furtherance candidacy thus clearly directly interferes constitutionally protected freedoms primary governmental interest served act prevention actual apparent corruption political process support limitation candidate expenditure personal funds appeals concluded manifestly core problem avoiding undisclosed undue influence candidates outside interests lesser application monies involved come candidate immediate family app indeed use personal funds reduces candidate dependence outside contributions thereby counteracts coercive pressures attendant risks abuse act contribution limitations directed ancillary interest equalizing relative financial resources candidates competing elective office therefore provides sole relevant rationale expenditure ceiling interest clearly sufficient justify provision infringement fundamental first amendment rights first limitation may fail promote financial equality among candidates candidate spends less personal resources campaign may nonetheless outspend rival result successful fundraising efforts indeed candidate personal wealth may impede efforts persuade others needs financial contributions volunteer efforts conduct effective campaign second fundamentally first amendment simply tolerate restriction upon freedom candidate speak without legislative limit behalf candidacy therefore hold restriction candidate personal expenditures unconstitutional limitations campaign expenditures section places limitations overall campaign expenditures candidates seeking nomination election election federal office presidential candidates may spend seeking nomination office additional general election campaign ceiling senatorial campaigns pegged size population state minimum dollar amounts applicable campaigns small populations senatorial primary elections limit greater eight cents multiplied population general election limit increased cents multiplied population act imposes blanket limitations primary campaigns general election campaigns house representatives exception senatorial ceiling applies campaigns entitled one representative ceilings adjusted upwards beginning calendar year average percentage rise consumer price index preceding months governmental interest suggested sufficient justify restriction quantity political expression imposed campaign expenditure limitations major evil associated rapidly increasing campaign expenditures danger candidate dependence large contributions interest alleviating corrupting influence large contributions served act contribution limitations disclosure provisions rather campaign expenditure ceilings appeals assertion expenditure restrictions necessary reduce incentive circumvent direct contribution limits persuasive see app indication substantial criminal penalties violating contribution ceilings combined political repercussion violations insufficient police contribution provisions extensive reporting auditing disclosure requirements applicable contributions expenditures political campaigns designed facilitate detection illegal contributions moreover appeals noted act permits officeholder successful candidate retain contributions excess expenditure ceiling use funds lawful purpose supp iv provision undercuts whatever marginal role expenditure limitations might otherwise play enforcing contribution ceilings interest equalizing financial resources candidates competing federal office convincing justification restricting scope federal election campaigns given limitation size outside contributions financial resources available candidate campaign like number volunteers recruited normally vary size intensity candidate support nothing invidious improper unhealthy permitting funds spent carry candidate message electorate moreover equalization permissible campaign expenditures might serve equalize opportunities candidates handicap candidate lacked substantial name recognition exposure views start campaign campaign expenditure ceilings appear designed primarily serve governmental interests reducing allegedly skyrocketing costs political campaigns appellees appeals stressed statistics indicating spending federal election campaigns increased almost comparison rise consumer price index period appellants respond years rise campaign spending lagged behind percentage increase total expenditures commercial advertising size gross national product event mere growth cost federal election campaigns provides basis governmental restrictions quantity campaign spending resulting limitation scope federal campaigns first amendment denies government power determine spending promote one political views wasteful excessive unwise free society ordained constitution government people individually citizens candidates collectively associations political committees must retain control quantity range debate public issues political campaign reasons hold constitutionally invalid sum provisions act impose limitation contributions single candidate limitation contributions political committee single candidate limitation total contributions individual calendar year constitutionally valid limitations along disclosure provisions constitute act primary weapons reality appearance improper influence stemming dependence candidates large campaign contributions contribution ceilings thus serve basic governmental interest safeguarding integrity electoral process without directly impinging upon rights individual citizens candidates engage political debate discussion contrast first amendment requires invalidation act independent expenditure ceiling limitation candidate expenditures personal funds ceilings overall campaign expenditures provisions place substantial direct restrictions ability candidates citizens associations engage protected political expression restrictions first amendment tolerate ii reporting disclosure requirements first federal disclosure law enacted act june stat required political committees defined national committees national congressional campaign committees parties organizations operating influence congressional elections two disclose names contributors identification recipients expenditures also required stat annual expenditures purpose influencing controlling two result congressional election reported independently made political committee stat act revised include prenomination transactions involved conventions primary campaigns act stat see auto workers disclosure requirements broadened federal corrupt practices act title iii act stat act required political committees defined organizations accept contributions make expenditures purpose influencing attempting influence presidential vice presidential elections two subsidiary national committee stat report total contributions expenditures including names addresses contributors recipients calendar year stat act upheld challenge infringed upon prerogatives burroughs held within power congress pass appropriate legislation safeguard presidential election improper use money influence result although disclosure requirements widely circumvented attempts made tighten senate passed bill closed existing loopholes cong rec attempt aborted similar effort made house act presently review replaced prior disclosure laws primary disclosure provisions impose reporting obligations political committees candidates political committee defined group persons receives contributions makes expenditures calendar year contributions expenditures defined lengthy parallel provisions similar title discussed definitions focus use money objects value purpose influencing nomination election person federal office political committee required register commission keep detailed records contributions expenditures records must include name address everyone making contribution excess along date amount contribution person contributions aggregate occupation principal place business also included files subject periodic audits field investigations commission committee candidate also required file quarterly reports reports contain detailed financial information including full name mailing address occupation principal place business person contributed calendar year well amount date contributions made available commission public inspection copying every candidate federal office required designate principal campaign committee receive reports contributions expenditures made candidate behalf political committees compile file reports together statements commission every individual group political committee candidate makes contributions expenditures calendar year contribution political committee candidate required file statement commission violation recordkeeping reporting provisions punishable fine prison term year general principles long recognized significant encroachments first amendment rights sort compelled disclosure imposes justified mere showing legitimate governmental interest since naacp alabama required subordinating interests state must survive exacting scrutiny also insisted relevant correlation substantial relation governmental interest information required disclosed see pollard roberts supp ed ark aff per curiam type scrutiny necessary even deterrent effect exercise first amendment rights arises direct government action indirectly unintended inevitable result government conduct requiring disclosure naacp alabama supra cf kusper pontikes appellees argue disclosure requirements act differ significantly issue naacp alabama progeny act requires disclosure names contributors compel political organizations submit names members seen group association protected enhances ffective advocacy naacp alabama supra right join together advancement beliefs ideas diluted include right pool money contributions funds often essential advocacy truly optimally effective moreover invasion privacy belief may great information sought concerns giving spending money concerns joining organizations inancial transactions reveal much person activities associations beliefs california bankers assn shultz powell concurring past decisions drawn fine lines contributors members treated interchangeably bates example applied principles naacp alabama reversed convictions failure comply city ordinance required disclosure dues assessments contributions paid paid see also rumely setting aside contempt conviction organization official refused disclose names made bulk purchases books sold organization strict test established naacp alabama necessary compelled disclosure potential substantially infringing exercise first amendment rights acknowledged governmental interests sufficiently important outweigh possibility infringement particularly free functioning national institutions involved communist party subversive activities control governmental interests sought vindicated disclosure requirements magnitude fall three categories first disclosure provides electorate information political campaign money comes spent candidate order aid voters evaluating seek federal office allows voters place candidate political spectrum precisely often possible solely basis party labels campaign speeches sources candidate financial support also alert voter interests candidate likely responsive thus facilitate predictions future performance office second disclosure requirements deter actual corruption avoid appearance corruption exposing large contributions expenditures light publicity exposure may discourage use money improper purposes either election public armed information candidate generous supporters better able detect special favors may given return recognized burroughs congress reasonably conclude full disclosure election campaign tends prevent corrupt use money affect elections enacting requirements may mindful justice brandeis advice publicity justly commended remedy social industrial diseases sunlight said best disinfectants electric light efficient policeman disclosure requirements general matter directly serve substantial governmental interests determining whether interests sufficient justify requirements must look extent burden place individual rights undoubtedly true public disclosure contributions candidates political parties deter individuals otherwise might contribute instances disclosure may even expose contributors harassment retaliation insignificant burdens individual rights must weighed carefully interests congress sought promote legislation process note agree appellants concession disclosure requirements certainly applications appear least restrictive means curbing evils campaign ignorance corruption congress found exist appellants argue however balance tips disclosure required contributors certain parties candidates turn contention application minor parties independents appellants contend act requirements overbroad insofar apply contributions minor parties independent candidates governmental interest information minimal danger significant infringement first amendment rights greatly increased requisite factual showing naacp alabama organization made uncontroverted showing past occasions revelation identity members exposed members economic reprisal loss employment threat physical coercion manifestations public hostility state unable show disclosure sought substantial bearing issues sought clarify circumstances held whatever interest state may disclosure shown sufficient overcome petitioner constitutional objections appeals rejected appellants suggestion case fits naacp alabama mold concluded substantial governmental interests informing electorate preventing corruption political process furthered requiring disclosure minor parties independent candidates app therefore found tenable rationale assuming public interest minority party disclosure contributions reasonable cutoff point uniformly outweighed potential contributors associational rights left open question application disclosure requirements candidates parties demonstrate injury sort stake naacp alabama record harassment similar scale found case agree appeals conclusion naacp alabama inapposite serious infringement first amendment rights brought compelled disclosure contributors highly speculative true governmental interest disclosure diminished contribution question made minor party little chance winning election minor parties usually represent definite publicized viewpoints may less need inform voters interests specific candidates represent major parties encompass candidates greater diversity many situations label republican democrat tells voter little candidate bears may supported funds far right far left place political spectrum less likely candidate say socialist labor party represent interests discerned party ideological position government interest deterring buying elections undue influence large contributors officeholders also may reduced contributions minor party independent candidate concerned less likely candidate victorious minor party sometimes play significant role election even candidate little chance winning may encouraged interests order divert votes contenders unmindful damage done disclosure associational interests minor parties members supporters independents significant movements less likely sound financial base thus vulnerable falloffs contributions instances fears reprisal may deter contributions point movement survive public interest also suffers result comes pass consequent reduction free circulation ideas within without political arena well case similar naacp alabama bates threat exercise first amendment rights serious state interest furthered disclosure insubstantial act requirements constitutionally applied appellant case tendered record evidence sort proffered naacp alabama instead appellants primarily rely clearly articulated fears individuals well experienced political process brief appellants best offer testimony several officials one two persons refused make contributions possibility disclosure record substantial public interest disclosure identified legislative history act outweighs harm generally alleged blanket exemption appellants agree record reflect kind focused insistent harassment contributors members existed naacp cases ibid argue however blanket exemption minor parties necessary lest irreparable injury done required evidence gathered parties sufficiently minor exempted requirements defined appellants suggest along lines used purposes see part infra received less vote past elections appellants argue line constitutionally required suggest alternative defining minor parties qualify automatic ballot access state law presumably criteria current political strength measured polls petition age degree organization also used difficulty suggestions reflect party past present political strength one factors must considered criteria precisely indicative even factor age past political success instance may typically associated parties high probability success parties winners consistent losers new party may garner great deal support associate issue captured public imagination none criteria suggested precisely related critical factor must considered possibility disclosure impinge upon protected associational activity opinion dissenting part appeals decision concedes one line constitutionally required argues however flat exemption minor parties must carved even along arbitrary lines groups suffer impermissibly disclosure given real protection approach requires minor parties submit evidence disclosure requirements constitutionally applied offers illusory safeguard argument goes evils chill harassment largely incapable formal proof dissent expressed concern minor party particularly new party may never able prove substantial threat harassment however real threat may required come forward witnesses fearful contribute fearful testify fear strict requirement chill harassment directly attributable specific disclosure exemption sought make task even difficult recognize unduly strict requirements proof impose heavy burden follow blanket exemption minor parties necessary minor parties must allowed sufficient flexibility proof injury assure fair consideration claim evidence offered need show reasonable probability compelled disclosure party contributors names subject threats harassment reprisals either government officials private parties proof may include example specific evidence past present harassment members due associational ties harassment directed organization pattern threats specific manifestations public hostility may sufficient new parties history upon draw may able offer evidence reprisals threats directed individuals organizations holding similar views exists type chill harassment identified naacp alabama shown assume courts insensitive similar showings made future cases therefore conclude blanket exemption required section considering provision must apply strict standard scrutiny right associational privacy developed naacp alabama derives rights organization members advocate personal points view effective way see also naacp button sweezy new hampshire appellants attack direct intrusion privacy belief violation talley california imposing real practical burdens certain deter individuals making expenditures independent political speech analogous held impermissible thomas collins role appeals upheld necessary enforce ceiling imposed supp iv said congress authority compelling interest regulate independent expenditures section surely require disclosure prevent misuse spending channel app two provisions intimately tied legislative history function bare clearly intended stand independently enacted general disclosure provisions part original act part amendments like disclosure provisions play role enforcement expanded contribution expenditure limitations included amendments also independent functions section part congress effort achieve total disclosure reaching every kind political activity order insure voters fully informed achieve publicity maximum deterrence corruption undue influence possible provision responsive legitimate fear efforts made past avoid disclosure requirements routing financial support candidates avenues explicitly covered general provisions act vagueness problems effort however provision raises serious problems vagueness particularly treacherous violation terms carries criminal penalties fear incurring sanctions may deter seek exercise protected first amendment rights section applies person makes contributions expenditures contributions expenditures defined parallel provisions terms use money valuable assets purpose influencing nomination election candidates federal office ambiguity phrase poses constitutional problems due process requires criminal statute provide adequate notice person ordinary intelligence contemplated conduct illegal man shall held criminally responsible conduct reasonably understand proscribed harriss see also papachristou city jacksonville first amendment rights involved even greater degree specificity required smith goguen see grayned city rockford kunz new york legislative history guide us determining scope critical phrase purpose influencing appears adopted without comment earlier disclosure acts congress voiced wishes muted strains leaving us draw upon assumptions must made determining direction without compass rosado wyman constitutional requirement definiteness stake obligation construe statute done consistent legislature purpose avoid shoals vagueness harriss supra rumely enacting legislation review congress addressed broadly problem political campaign financing wished promote full disclosure spending insure reality appearance purity openness federal election process task construe purpose influencing incorporated definitions contributions expenditures manner precisely furthers goal part discussed constituted contribution purposes contribution limitations set forth supp iv construed term include contributions made directly indirectly candidate political party campaign committee contributions made organizations individuals earmarked political purposes also expenditures placed cooperation consent candidate agents authorized committee candidate definition contribution disclosure purposes parallels definition title almost word word construe former provision latter defined contributions sufficiently close relationship goals act connected candidate campaign attempt define expenditure similarly narrow way encounter problems sort faced supp iv although phrase purpose influencing election nomination differs language used shares potential encompassing issue discussion advocacy political result general requirement political committees candidates disclose expenditures raise similar vagueness problems political committee defined terms amount annual contributions expenditures interpreted reach groups engaged purely issue discussion lower courts construed words political committee narrowly fulfill purposes act need encompass organizations control candidate major purpose nomination election candidate expenditures candidates political committees construed assumed fall within core area sought addressed congress definition campaign related maker expenditure within categories individual candidate group political committee relation information sought purposes act may remote insure reach impermissibly broad construe expenditure purposes section way construed terms reach funds used communications expressly advocate election defeat clearly identified candidate reading directed precisely spending unambiguously related campaign particular federal candidate summary construed imposes independent reporting requirements individuals groups candidates political committees following circumstances make contributions earmarked political purposes authorized requested candidate agent person candidate political committee make expenditures communications expressly advocate election defeat clearly identified candidate unlike supp iv construed bears sufficient relationship substantial governmental interest narrowed like reach partisan discussion requires disclosure expenditures expressly advocate particular election result might fatal purpose stem corruption appearance closing loophole general disclosure requirements disclosure provisions including serve another informational interest even construed increases fund information concerning support candidates goes beyond general disclosure requirements shed light publicity spending unambiguously campaign related otherwise reported takes form independent expenditures contributions individual group required report names contributors token fatal encompasses purely independent expenditures uncoordinated particular candidate agent corruption potential expenditures may significantly different informational interest strong coordinated spending disclosure helps voters define candidates constituencies section construed contain infirmities provisions talley california thomas collins ordinance found wanting talley forbade distribution handbills contain name printer author manufacturer name distributor city urged ordinance aimed identifying responsible fraud false advertising libel found manner limited seen disclosure requirement narrowly limited situations information sought substantial connection governmental interests sought advanced thomas held unconstitutional prior restraint form registration requirement labor organizers found state interest insufficient justify restrictive effect statute burden imposed prior restraint reasonable minimally restrictive method furthering first amendment values opening basic processes federal election system public view thresholds provisions contain two thresholds records kept political committees names addresses make contributions excess records subject commission audit person contributions committee candidate aggregate name address well occupation principal place business included reports filed committees candidates commission made available public inspection appeals rejected appellants contention thresholds unconstitutional found challenge first amendment grounds threshold premature discern basis statute authorizing disclosure outside commission hence substantial inhibitory effect operating upon appellants app threshold found within reasonable latitude given legislature draw line ibid agree thresholds indeed low contributors relatively small amounts likely especially sensitive recording disclosure political preferences strict requirements may well discourage participation citizens political process result congress hardly intended indeed little legislative history indicate congress focused carefully appropriate level require recording disclosure rather seems merely adopted thresholds existing similar disclosure laws since require congress establish chosen highest reasonable threshold line necessarily judgmental decision best left context complex legislation congressional discretion say bare record limits designated wholly without rationality mindful disclosure serves informational functions well prevention corruption enforcement contribution limitations congress required set threshold tailored latter goals addition enforcement goal never well served threshold high disclosure becomes equivalent admitting violation contribution limitations recordkeeping threshold somewhat similar fashion facilitates enforcement disclosure provisions making relatively difficult aggregate secret contributions amounts surpass limit agree appeals warrant assuming public disclosure contributions authorized act accordingly reach question whether information concerning gifts size made available public without trespassing impermissibly first amendment rights cf california bankers assn shultz summary find constitutional infirmities recordkeeping reporting disclosure provisions act iii public financing presidential election campaigns summary subtitle chapter title concerns financing party nominating conventions general election campaigns distinguishes among major minor new parties major party defined party whose candidate president recent election received popular vote minor party defined party whose candidate received least less vote recent election parties new parties including newly created parties receiving less vote last election major parties entitled defray national committee presidential nominating convention expenses must limit total expenditures amount may use money benefit particular candidate delegate minor party receives portion entitlement determined ratio votes received party candidate last election average votes received major parties candidates amounts given parties expenditure limit adjusted inflation using base year financing provided new parties express provision financing independent candidates parties holding convention expenses general election campaign entitles candidate amount also adjusted inflation see eligible funds candidate must pledge incur expenses excess entitlement accept private contributions except extent fund insufficient provide full entitlement candidates also entitled funding based ratio vote received party candidate preceding election average candidates candidates must certify incur campaign expenses excess entitlement accept private contributions extent needed make difference amount public funding grant candidates receive money prior general election candidate receiving popular vote election entitled payments according formula applicable candidates similarly candidates entitled funds receive greater percentage average vote party candidate preceding election amount payments difference entitlement based preceding election based actual vote current election eligibility requirement candidates candidate name must appear ballot electors pledged candidate must ballot least chapter establishes third account fund presidential primary matching payment account funding intended aid campaigns candidates seeking presidential nomination political party primary elections threshold eligibility requirement candidate raise least counting first person contributing candidate addition candidate must agree abide spending limits see funding provided according matching formula qualified candidate entitled sum equal total private contributions received disregarding contributions person extent total contributions candidate person exceed payments candidate chapter may exceed overall expenditure ceiling accepted candidate constitutionality subtitle appellants general welfare contention erroneously treats general welfare clause limitation upon congressional power rather grant power scope quite expansive particularly view enlargement power necessary proper clause culloch maryland wheat congress power regulate presidential elections primaries classic burroughs public financing presidential elections means reform electoral process clearly choice within granted power congress decide expenditures promote general welfare power congress authorize expenditure public moneys public purposes limited direct grants legislative power found constitution butler see helvering davis limitations upon exercise granted power must found elsewhere constitution case congress legislating general welfare reduce deleterious influence large contributions political process facilitate communication candidates electorate free candidates rigors fundraising see pp whether chosen means appear bad unwise unworkable us irrelevant congress concluded means necessary proper promote general welfare thus decline find legislation without grant power art appellants challenge dollar provision fails reason maintain congress required permit taxpayers designate particular candidates parties recipients money appropriation fund like appropriation general revenue except amount determined reference aggregate authorization taxpayers income tax returns detail constitute appropriation less appropriation congress fallacy appellants argument therefore apparent every appropriation made congress uses public money manner taxpayers object appellants next argue analogy religion clauses first amendment public financing election campaigns however meritorious violates first amendment course held religion clauses congress shall make law respecting establishment religion prohibiting free exercise thereof require congress fourteenth amendment remain neutral matters religion abington school dist schempp government may aid one religion detriment others impose burden one religion imposed others may even aid religions everson board education see kurland church state chi rev analogy patently inapplicable issue although congress shall make law abridging freedom speech press subtitle congressional effort abridge restrict censor speech rather use public money facilitate enlarge public discussion participation electoral process goals vital people thus subtitle furthers abridges pertinent first amendment values appellants argue however constructed public financing invidiously discriminates violation fifth amendment turn therefore argument equal protection analysis fifth amendment area fourteenth amendment weinberger wiesenfeld cases cited several situations concerning electoral process principle developed restrictions access electoral process must survive exacting scrutiny restriction sustained furthers vital governmental interest american party texas white achieved means unfairly unnecessarily burden either minority party individual candidate equally important interest continued availability political opportunity lubin panish see american party texas white supra storer brown cases however dealt primarily state laws requiring candidate satisfy certain requirements order name appear ballot course direct burdens candidate ability run office also voter ability voice preferences regarding representative government contemporary issues contrast denial public financing presidential candidates restrictive voters rights less restrictive candidates subtitle prevent candidate getting ballot voter casting vote candidate choice inability candidates wage effective campaigns derive lack public funding inability raise private contributions disadvantage suffered operation eligibility formulae subtitle thus limited claimed denial enhancement opportunity communicate electorate formulae afford eligible candidates eligible candidates suffer countervailing denial fully develop later acceptance public financing entails voluntary acceptance expenditure ceiling candidates subject limitation accordingly conclude public financing generally less restrictive access electoral process regulations dealt prior cases event congress enacted subtitle furtherance sufficiently important governmental interests unfairly unnecessarily burdened political opportunity party candidate gainsaid public financing means eliminating improper influence large private contributions furthers significant governmental interest pp addition limits contributions necessarily increase burden fundraising congress properly regarded public financing appropriate means relieving presidential candidates rigors soliciting private contributions see also held important interests limiting places ballot candidates demonstrate substantial popular support storer brown supra lubin panish supra jenness fortson williams rhodes congress interest funding hopeless candidacies large sums public money supra necessarily justifies withholding public assistance candidates without significant public support thus congress may legitimately require preliminary showing significant modicum support jenness fortson supra eligibility requirement public funds requirement also serves important public interest providing artificial incentives splintered parties unrestrained factionalism storer brown supra supra cf bullock carter time congress recognized constitutional restraints inhibition present opportunity minor parties become major political entities obtain widespread support supra supra appeals said provisions public funding presidential campaigns operate give unfair advantage established parties thus reducing nation detriment potential fluidity american political life app quoting jenness fortson supra general election campaign financing appellants insist chapter falls short constitutional requirement provisions supply larger equal sums candidates major parties use prior vote levels sole criterion funding limit candidates funds deny funds candidates parties receiving less vote provisions argued fatal validity scheme work invidious discrimination minor new parties violation fifth amendment disagree conceded appellants constitution require congress treat declared candidates public financing purposes said jenness fortson obvious differences kind needs potentials political party historically established broad support one hand new small political organization sometimes grossest discrimination lie treating things different though exactly alike truism well illustrated williams rhodes supra since presidential elections whigs replaced major party republicans third party posed credible threat two major parties presidential elections third parties completely incapable matching major parties ability raise money win elections congress course aware fact american life thus justified providing major parties full funding parties percentage entitlement identical treatment parties hand make easy raid treasury also artificially foster proliferation splinter parties app constitution require government finance efforts every nascent political group american party texas white merely congress chose finance efforts major parties furthermore appellants made showing election funding plan disadvantages nonmajor parties operating reduce strength attained without public financing first parties free raise money private sources holding today new parties freed expenditure limits although admittedly limits may largely academic matter since candidate accepting public financing campaign voluntarily assents spending ceiling candidates able spend relation candidates relative position minor parties qualify receive public funds received vote previous presidential election also enhanced public funding candidates major parties intended substitute private contributions candidates assistance may viewed supplement private contributions since candidates may continue solicit private funds applicable spending limit thus conclude general election funding system work invidious discrimination candidates nonmajor parties appellants challenge reliance vote past elections basis determining eligibility challenge foreclosed however holding jenness fortson popular vote totals last election proper measure public support congress obliged select instead among appellants suggested alternatives congress properly regard means chosen preferable since alternative petition drives presents cost administrative problems validating signatures alternative opinion polls might thought inappropriate since involve government agency business certifying polls conducting investigation support various candidates addition serious problems reliability appellants next argue relying decisions absence alternative means obtaining funding renders scheme unjustifiably restrictive minority political interests appellants reliance decisions misplaced sure regulation sustained jenness fortson example incorporated alternative means qualifying ballot lack alternative defect scheme struck lubin panish suggest however constitutionality subtitle therefore hinges solely whether alternative afforded overlooks rationale operative constitutional principles decisions finding need alternative means turn nature extent burden imposed absence available alternatives earlier stated view chapter far less burdensome upon restrictive constitutional rights regulations involved cases see supra moreover expenditure limits major parties candidates may well improve chances nonmajor parties candidates receive funds increase spending risk harm minority interests speculative due present lack knowledge practical effects public financing overcome force governmental interests use public money foster frivolous candidacies create system splintered parties encourage unrestrained factionalism appellants reliance analyses cases generally fails recognize significant distinction instant case primary goal candidates carry successful campaign communicating voters persuasive reasons electing cases afforded candidates alternative means qualifying ballot step campaign rare exceptions essential successful effort chapter concededly provides one method obtaining financing funding however necessary ballot see supra plainly campaigns successfully carried means public financing date avenue still open candidates important achievements minority political groups furthering development american democracy accomplished without help public funds thus limited participation nonparticipation nonmajor parties candidates public funding unconstitutionally disadvantage course nonmajor parties candidates may qualify participation public funding sense claimed discrimination total appellants contend however benefit participation illusory due bars use money purpose paying campaign expenses repaying loans used defray expenses meaningful use funds thus repay loans loans except national banks contributions subject general limitations contributions supp iv argue loans readily available nonmajor parties candidates elections finance campaigns availability funds therefore assertedly gives nothing nature things willingness lenders make loans depend upon probability candidate party attract voters reasonable prospect support appears party candidate may acceptable loan risk since prospect participation public funding good finally appellants challenge validity threshold requirement general election funding argue since state regulations governing ballot access threshold requirements well view requirement actually stricter upheld jenness fortson requirement unreasonable already concluded restriction chapter generally less burdensome regulations supra georgia provision sustained jenness required candidate obtain signatures eligible voters without regard party sure public funding formula permit anyone voted another party last election part candidate chapter presidential candidate needs actual vote larger universe eligible voters result say chapter numerically less restrictive regulation jenness event choice percentage requirement best accommodates competing interests involved congress make see louisville gas coleman holmes dissenting supra without doubt range formulations sufficiently protect public fisc foster factionalism also recognize public interest fluidity political affairs say congress choice falls without permissible range nominating convention financing foregoing analysis reasoning sustaining general election funding apply large part convention funding chapter suffice support rejection appellants challenge provisions funding party conventions increasingly derived large private contributions see governmental interest eliminating reliance vital case private contributions individual candidates expenditure limitations major parties participating public financing enhance ability nonmajor parties increase spending relative major parties soliciting private contributions finance conventions parties subject contribution limit pertaining candidates therefore conclude appellants constitutional challenge provisions funding nominating conventions must also rejected primary election campaign financing appellants final challenge constitutionality chapter provides funding primary campaigns contend provisions constitutionally invalid provide funds candidates running party primaries eligibility formula actually increases influence money electoral process providing assistance candidates enter party primaries congress merely chosen limit time reach reforms encompassed chapter congress without constituting reforms constitutionally invidious discrimination governing principle stated katzenbach morgan deciding constitutional propriety limitations reform measure guided familiar principles statute invalid constitution might gone farther roschen ward legislature need strike evils time semler dental examiners reform may take one step time addressing phase problem seems acute legislative mind williamson lee optical eligibility requirements chapter surely unreasonable way measure popular support candidate accomplishing objective limiting subsidization candidates substantial chance nominated counting first contribution eligibility purposes requires candidates solicit smaller contributions numerous people requiring money come citizens minimum number eliminates candidates whose appeal limited geographically president elected popular vote winning popular vote enough majority electoral college also reject without merit appellants argument matching formula favors wealthy voters candidates thrust legislation reduce financial barriers enhance importance smaller contributions candidates undoubtedly raise large sums money thus little need public funds candidates lesser fundraising capabilities gain substantial benefits matching funds addition one eligibility requirement matching funds acceptance expenditure ceiling candidates little fundraising ability able increase spending relative candidates capable raising large amounts private funds reasons stated reject appellants claims subtitle facially unconstitutional severability iv federal election commission chapter title makes commission principal repository numerous reports statements required chapter filed engaging regulated political activities duties respect reports statements include filing indexing making available public inspection preservation auditing field investigations directed serve national clearinghouse information respect administration elections beyond recordkeeping disclosure investigative functions however commission given extensive rulemaking adjudicative powers duty prescribe suitable rules regulations carry provisions chapter commission empowered make rules necessary carry provisions act section authorizes formulate general policy respect administration act enumerated sections title criminal code provisions commission primary jurisdiction respect civil enforcement commission authorized render advisory opinions respect activities possibly violating act title sections campaign funding provisions title effect otwithstanding provision law person respect advisory opinion rendered acts good faith accordance provisions findings thereof shall presumed compliance statutory provision respect advisory opinion rendered course administering provisions presidential campaign financing commission may authorize convention expenditures exceed statutory limits supp iv commission enforcement power direct wide ranging may institute civil action injunctive relief acts practices constitute constitute violation act ii declaratory injunctive relief may appropriate implement con true provisions chapter title governing administration funds presidential election campaigns national party conventions supp iv iii injunctive relief appropriate implement provision chapter title governing payment matching funds presidential primary campaigns supp iv commission audit candidates receiving payments chapter finds overpayment empowered seek repayment funds due secretary treasury supp iv respect foregoing civil actions require concurrence participation attorney general conversely decision seek judicial relief respects appear rest solely commission respect referenced title sections provides notice opportunity hearing commission finds actual threatened criminal violation attorney general upon request commission shall institute civil action relief finally dditional enforcement authority authorizes commission notice opportunity hearing make finding person candidate federal office failed file required report contributions expenditures finding made within applicable limitations period prosecutions candidate thereby disqualified becoming candidate future election federal office period time beginning date finding ending one year expiration term federal office person candidate body authority reposed consists eight members secretary senate clerk house representatives ex officio members commission without right vote two members appointed president pro tempore senate upon recommendations majority leader senate minority leader senate two appointed speaker house representatives likewise upon recommendations respective majority minority leaders remaining two members appointed president six voting members commission must confirmed majority houses congress three appointing authorities forbidden choose appointees political party ripeness recently recognized distinction jurisdictional limitations imposed art iii roblems prematurity abstractness may prevent adjudication exceptional case socialist labor party gilligan regional rail reorganization act cases stated ripeness peculiarly question timing therefore passage months time decision appeals present ruling significant likewise observed reorganization act cases thus occurrence conveyance allegedly violative fifth amendment rights way hypothetical speculative inevitability operation statute certain individuals patent irrelevant existence justiciable controversy time delay disputed provisions come effect since entry judgment appeals commission undertaken issue rules regulations authority many functions remain yet unexercised date certain exercise closer several months time appeals ruled congress understandably concerned obtaining final adjudication many issues possible litigated pursuant provisions thus order decide basic question whether act provision appointment members commission violates constitution believe warranted considering aspects commission authority presented certified questions party litigants sufficient concrete interests stake may standing raise constitutional questions separation powers respect agency designated adjudicate rights palmore glidden zdanok coleman miller glidden course challenged adjudication already taken place whereas case appellants claim impending future rulings determinations commission question ripeness rather lack case controversy art iii reasons previously adverted hold appellants claims bear upon method appointment commission members may presently adjudicated merits president shall nominate advice consent senate shall appoint officers whose appointments herein otherwise provided shall established law congress may law vest appointment inferior officers think proper president alone courts law heads departments appellee commission amici support commission urge framers constitution mindful need checks balances among three branches national government intention denying legislative branch authority appoint officers congress either appointments clause grants substantive legislative authority necessary proper clause art view empowered provide appointment commission manner commission performing appropriate legislative functions majority appeals recognized importance doctrine separation powers heart constitution also recognized principle enunciated springer philippine islands legislative branch may exercise executive authority retaining power appoint execute laws described appellants argument based upon art ii cl strikingly syllogistic concluded congress sufficient authority necessary proper clause art constitution establish commission appoint commission members earlier noted upheld constitutional validity congressional vesting certain authority commission concluded question constitutional validity vesting remaining functions yet ripe review three dissenting judges appeals concluded method appointment commission violate doctrine separation powers separation powers think appellants arguments based upon art ii cl constitution may easily dismissed majority appeals inquiry necessity touches upon fundamental principles government established framers constitution litigants courts addressed matter start common ground recognition intent framers powers three great branches national government largely separate one another james madison writing federalist defended work framers charge three governmental powers entirely separate one another proposed constitution asserted admixture constitution nonetheless true montesquieu maxim legislative executive judicial departments separate distinct reasons montesquieu grounds maxim demonstration meaning legislative executive powers person body says liberty apprehensions may arise lest monarch senate enact tyrannical laws execute tyrannical manner power judging joined legislative life liberty subject exposed arbitrary control judge legislator joined executive power judge might behave violence oppressor reasons fully explained passages briefly stated sufficiently establish meaning put celebrated maxim celebrated author chief justice taft writing hampton stating general principle separation powers found constitution went observe rule actual administration government congress legislature exercise legislative power president state executive governor executive power courts judiciary judicial power carrying constitutional division three branches breach national fundamental law congress gives legislative power transfers president judicial branch law attempts invest members either executive power judicial power say three branches parts one government field duties may invoke action two branches far action invoked shall assumption constitutional field action another branch determining may seeking assistance another branch extent character assistance must fixed according common sense inherent necessities governmental constitution diffuses power better secure liberty also contemplates practice integrate dispersed powers workable government enjoins upon branches separateness interdependence autonomy reciprocity policy supplying opposite rival interests defect better motives might traced whole system human affairs private well public see particularly displayed subordinate distributions power constant aim divide arrange several offices manner may check private interest every individual may sentinel public rights inventions prudence less requisite distribution powers state framework constitution president power see laws faithfully executed refutes idea constitution limits functions lawmaking process recommending laws thinks wise vetoing laws thinks bad constitution neither silent equivocal shall make laws president execute first section first article says legislative powers herein granted shall vested congress appointments clause principle separation powers simply abstract generalization minds framers woven document drafted philadelphia summer article declares legislative powers herein granted shall vested congress article ii vests executive power president america art iii declares judicial power shall vested one inferior courts congress may time time ordain establish concern framers constitution maintenance separation powers found ineligibility incompatibility clauses contained art senator representative shall time elected appointed civil office authority shall created emoluments whereof shall encreased time person holding office shall member either house continuance office president shall nominate advice consent senate shall appoint ambassadors public ministers consuls judges officers whose appointments herein otherwise provided shall established law congress may law vest appointment inferior officers think proper president alone courts law heads departments constitution purposes appointment clearly divides officers two classes primary class requires nomination president confirmation senate foreseeing offices became numerous sudden removals necessary mode might inconvenient provided regard officers inferior specially mentioned congress might law vest appointment president alone courts law heads departments persons said hold office government established constitution intended included within one modes appointment little doubt emphasis supplied persons said hold office government established constitution intended included within one modes appointment germaine supra difficult see members commission may escape inclusion postmaster first class myers clerk district ex parte hennen pet inferior officers within meaning appointments clause surely commissioners us least inferior officers within meaning clause although two members commission initially selected president nominations subject confirmation merely senate house representatives well remaining four voting members commission appointed president pro tempore senate speaker house second part clause authorizes congress vest appointment officers described part courts law heads departments neither speaker house president pro tempore senate comes within language phrase heads departments used conjunction phrase courts law suggests departments referred executive branch least connection branch clause expressly authorizes congress vest appointment certain officers courts law absence similar language include congress must mean neither congress officers included within language heads departments part cl thus respect four six voting members commission neither president head department judiciary voice selection appointments clause specifies method appointment officers whose appointment otherwise provided constitution provision constitution remotely providing alternative means selection members commission anybody like appellee commission argued appeals agreed appointments clause art ii read exclude inherent power congress appoint officers perform functions necessary body institution need read appointments clause contrary plain language order reach result sought appeals article cl expressly authorizes selection president pro tempore senate cl article provides selection speaker house ranking nonmembers clerk house representatives elected internal rules house designated statute officers congress occasion us decide whether member officers officers whose appointment otherwise provided within meaning appointments clause since even officers appointees contrary fears expressed majority appeals nothing holding respect art ii cl deny congress power appoint inferior officers carry appropriate legislative functions appellee commission amici contend somewhat obliquely framers intention relegating congress position judicial executive branches national government appointments clause must somehow read include congress officers among appointment power may vested debates constitutional convention federalist papers replete expressions fear legislative branch national government aggrandize expense two branches debates convention evolution draft version constitution seem us lend considerable support reading language appointments clause interim version draft constitution vested senate authority appoint ambassadors public ministers judges language art ii finally adopted distinct change regard believe deliberate change made framers intent deny congress authority appoint officers debates floor convention reflect least part way change came monday august committee detail referred entire draft constitution reported draft convention including following two articles bear question us article ix senate shall power appoint ambassadors judges article president shall commission officers shall appoint officers cases otherwise provided constitution discussion provision draft committee detail provided treasurer chosen houses congress read moved strike clause leaving appointment treasurer officers executive opposition read motion based objection principle executive appointment particular nature office treasurer thursday august convention voted insert word ambassadors text draft art ix words public ministers immediately afterwards section amended referred committee five following day convention took art roger sherman objected draft language conferred much power president proposed insert words otherwise provided constitution words law motion defeated vote nine one september convention debated ineligibility incompatibility clauses appear art made ineligibility clause somewhat less stringent meanwhile friday august motion carried without opposition refer parts constitution postponed acted upon committee eleven reference carried arts ix following week committee eleven made report convention present language art ii cl dealing authority president nominate found virtually word word art committee also reported revised article concerning legislative branch convention changes obvious final version senate shorn power appoint ambassadors judges president given power appoint public officers right nominate provision inserted virtue congress may require senate confirmation nominees seem fair surmise compromise made change made concept term officers since first appeared art taken concerned embrace appointed officials exercising responsibility public laws nation appellee commission amici urge conceive extraordinary authority reposed congress regulate elections case stands different footing congress exercised legislative authority another field course doubt congress express authority regulate congressional elections virtue power conferred art also held broad authority prevent corruption national presidential elections burroughs congress plenary authority areas substantive legislative jurisdiction culloch maryland wheat long exercise authority offend constitutional restriction see reason believe authority congress federal election practices wholly different nature grants authority congress may employed manner offend constitutional restrictions stemming separation powers position congress given explicit plenary authority regulate field activity must therefore power appoint administer regulatory statute novel contrary language appointments clause unless selection elsewhere provided officers appointed accordance clause principal officers selected president advice consent senate inferior officers congress may allow appointed president alone heads departments judiciary class type officer excluded special functions president appoints judicial well executive officers neither disputed apparently disputed clause controls appointment members typical administrative agency even though functions recognized humphrey executor may predominantly rather executive case carefully emphasized although members agencies independent executive operations executive excluded selecting appellees argue legislative authority conferred upon congress art regulate times places manner holding elections senators representatives augmented provision house shall judge elections returns qualifications members section confers however general legislative power upon congress rather power judicial character upon house congress barry ex rel cunningham power house judge whether one claiming election senator representative met requisite qualifications powell mccormack reasonably translated power granted congress impose substantive qualifications right hold office whatever power congress may legislate qualifications must derive rather art appellees also rely twelfth amendment constitution insofar authority commission regulate practices connection presidential election concerned amendment provides certificates votes electors sealed directed president senate president senate shall presence senate house representatives open certificates votes shall counted method congress resolved celebrated disputed election reflected stat supports conclusion congress viewed amendment conferring upon two houses sort power judicial character barry ex rel cunningham supra conferred upon house art respect elections members also told appellees amici congress good reason vesting commission composed wholly presidential appointees authority administer act since administration act undoubtedly bearing incumbent president campaign one dispute basis sentiment practical matter seem sought challenge incumbent congressmen might equally good reason fear commission unduly responsive members congress seeking unseat fears however rational warrant distortion framers work appellee commission amici finally contend majority appeals agreed whatever shortcomings provisions appointment members commission might art ii congress ample authority necessary proper clause art effectuate result agree proper inquiry considering necessary proper clause authority congress create office commission broad indeed rather authority provide officers may make appointments office commission framed claim congress may provide manner appointment necessary proper clause art stands better footing claim may provide manner appointment substantive authority regulate federal elections congress merely concluded measure necessary proper discharge substantive legislative authority pass bill attainder ex post facto law contrary prohibitions contained art may vest officers authority appoint officers appointments clause clear implication prohibits trilogy cases dealing constitutional authority congress circumscribe president power remove officers entirely consistent conclusion myers held congress statute divest president power remove officer executive branch initially authorized appoint explaining reasoning case said vesting executive power president essentially grant power execute laws president alone unaided execute laws must execute assistance subordinates charged specifically take care faithfully executed reasonable implication even absence express words part executive power select act direction execution laws conclusion merits sustained arguments stated article ii grants president executive power government general administrative control executing laws including power appointment removal executive officers conclusion confirmed obligation take care laws faithfully executed conclusion buttressed fact justice sutherland author opinion humphrey executor likewise wrote opinion springer philippine islands said power appointment unless expressly granted incidental powers legislature engraft executive duties upon legislative office since usurp power appointment indirection though case might different additional duties devolved upon appointee executive thus assumption powers granted statute may exercised agency whose members appointed accordance appointments clause ultimate question powers may exercised present voting commissioners none appointed provided clause previous description statutory provisions see supra disclosed commission powers fall generally three categories functions relating flow necessary information receipt dissemination investigation functions respect commission task fleshing statute rulemaking advisory opinions functions necessary ensure compliance statute rules informal procedures administrative determinations hearings civil suits insofar powers confided commission essentially investigative informative nature falling general category powers congress might delegate one committees question commission presently constituted may exercise kilbourn thompson mcgrain daugherty eastland servicemen fund stated mcgrain supra legislative body legislate wisely effectively absence information respecting conditions legislation intended affect change legislative body possess requisite information infrequently true recourse must others possess experience taught mere requests information often unavailing also information volunteered always accurate complete means compulsion essential obtain needed true constitution framed adopted period power inquiry enforcing process regarded employed necessary appropriate attribute power legislate indeed treated inhering congress may undoubtedly necessary proper clause create offices generic sense provide method appointment offices chooses congress power clause inevitably bounded express language art ii cl unless method provides comports latter holders offices officers may therefore properly perform duties aid functions congress may carry area sufficiently removed administration enforcement public law permit performed persons officers observed century ago respect litigation conducted courts whether tested therefore requirements judiciary act usage government decisions clear suits far interests concerned subject direction within control confiscation cases wall legislative power distinguished executive power authority make laws enforce appoint agents charged duty enforcement latter executive functions unnecessary enlarge upon general subject since recently received full consideration myers power appointment unless expressly granted incidental powers legislature engraft executive duties upon legislative office since usurp power appointment indirection though case might different additional duties devolved upon appointee executive aspects act brought within commission broad administrative powers rulemaking advisory opinions determinations eligibility funds even federal elective office functions exercised free supervision either congress executive branch legislative judicial nature commission enforcement powers kinds usually performed independent regulatory agencies department executive branch direction act congress congress viewed broad powers essential effective impartial administration entire substantive framework act yet functions also represents performance significant governmental duty exercised pursuant public law president may insist functions delegated appointee removable humphrey executor none operates merely aid congressional authority legislate sufficiently removed administration enforcement public law allow performed present commission administrative functions may therefore exercised persons officers also view commission inability exercise certain powers method members selected affect validity commission administrative actions determinations date including administration provisions upheld today authorizing public financing federal elections past acts commission therefore accorded de facto validity recognized case respect legislative acts performed legislators held elected accordance unconstitutional apportionment plan connor williams see ryan tinsley schaefer thomson supp wyo aff sub nom harrison schaeffer cf city richmond brennan dissenting also draw practice apportionment voting rights cases stay period exceed days judgment insofar affects authority commission exercise duties powers granted act limited stay afford congress opportunity reconstitute commission law adopt valid enforcement mechanisms without interrupting enforcement provisions sustains allowing present commission interim function de facto accordance substantive provisions act cf georgia fortson morris maryland comm tawes conclusion judgment appeals affirmed part reversed part judgment district affirmed mandate shall issue forthwith except judgment stayed period exceed days insofar affects authority commission exercise duties powers granted act ordered mr appendix per curiam opinion title congress chapter federal election campaigns subchapter disclosure federal campaign funds definitions used subchapter subchapter ii chapter election means general special primary runoff election convention caucus political party held nominate candidate primary election held selection delegates national nominating convention political party primary election held expression preference nomination persons election office president taken action necessary law state qualify nomination election election federal office received contributions made expenditures given consent person receive contributions make expenditures view bringing nomination election election office political committee means committee club association group persons receives contributions makes expenditures calendar year aggregate amount exceeding contribution means gift subscription loan advance deposit money anything value made purpose influencing nomination election election person federal office purpose influencing results primary held selection delegates national nominating convention political party influencing result election held expression preference nomination persons election office president means contract promise agreement expressed implied whether legally enforceable make contribution purposes means funds received political committee transferred committee another political committee source means payment person candidate political committee compensation personal services another person rendered candidate political committee without charge purpose include value services provided without compensation individuals volunteer portion time behalf candidate political committee use real personal property cost invitations food beverages voluntarily provided individual candidate rendering voluntary personal services individual residential premises activities sale food beverage vendor use candidate campaign charge less normal comparable charge charge use candidate campaign least equal cost food beverage vendor unreimbursed payment travel expenses made individual behalf volunteers personal services candidate payment state local committee political party costs preparation display mailing distribution incurred committee respect printed slate card sample ballot printed listing three candidates public office election held state committee organized except clause shall apply case costs incurred committee respect display listing made broadcasting stations newspapers magazines similar types general public political advertising payment made obligation incurred corporation labor organization provisions last paragraph section title constitute expenditure corporation labor organization extent cumulative value activities individual behalf candidate clauses exceed respect election means purchase payment distribution loan advance deposit gift money anything value made purpose influencing nomination election election person federal office office presidential vice presidential elector influencing results primary election held selection delegates national nominating convention political party expression preference nomination persons election office president means contract promise agreement express implied whether legally enforceable make expenditure means transfer funds political committee another political committee include news story commentary editorial distributed facilities broadcasting station newspaper magazine periodical publication unless facilities owned controlled political party political committee candidate nonpartisan activity designed encourage individuals register vote vote communication membership organization corporation members stockholders membership organization corporation organized primarily purpose influencing nomination election election person federal office use real personal property cost invitations food beverages voluntarily provided individual candidate rendering voluntary personal services individual residential premises activities cumulative value activities individual behalf candidate sic exceed respect election unreimbursed payment travel expenses made individual behalf volunteers personal services candidate cumulative amount individual incurred respect candidate exceed respect election communication person made purpose influencing nomination election election person federal office payment state local committee political party costs preparation display mailing distribution incurred committee respect printed slate card sample ballot printed listing three candidates public office election held state committee organized except clause shall apply case costs incurred committee respect display listing made broadcasting stations newspapers magazines similar types general public political advertising payment made obligation incurred corporation labor organization provisions last paragraph section title constitute expenditure corporation labor organization person means individual partnership committee association corporation labor organization organization group persons state means state district columbia commonwealth puerto rico territory possession identification means case individual full name full address principal place residence case person full name address person state committee means organization virtue bylaws political party responsible operation political party state level determined commission political party means association committee organization nominates candidate election federal office whose name appears election ballot candidate association committee organization principal campaign committee means principal campaign committee designated candidate section title organization political committees chairman treasurer vacancies official authorizations every political committee shall chairman treasurer contribution expenditure shall accepted made behalf political committee time vacancy office chairman treasurer thereof expenditure shall made behalf political committee without authorization chairman treasurer designated agents account contributions segregated funds every person receives contribution excess political committee shall demand treasurer event within days receipt contribution render treasurer detailed account thereof including amount contribution identification person making contribution date received funds political committee shall segregated may commingled personal funds officers members associates committee recordkeeping shall duty treasurer political committee keep detailed exact account contributions made committee identification every person making contribution excess date amount thereof person contributions aggregate account shall include occupation principal place business expenditures made behalf committee identification every person expenditure made date amount thereof name address office sought candidate whose behalf expenditure made unauthorized activities notice political committee solicits receives contributions makes expenditures behalf candidate authorized writing candidate shall include notice face front page literature advertisements published connection candidate campaign committee behalf stating committee authorized candidate candidate responsible activities committee principal campaign committees one candidate limitation office president national committee candidate duties individual candidate federal office office vice president shall designate political committee serve principal campaign committee political committee may designated principal campaign committee one candidate except candidate office president nominated political party may designate national committee political party principal campaign committee except provided preceding sentence political committee supports one candidate may designated principal campaign committee notwithstanding provision subchapter report statement contributions received expenditures made political committee principal campaign committee required filed commission subchapter shall filed instead principal campaign committee candidate whose behalf contributions accepted expenditures made shall duty principal campaign committee receive reports statements required filed paragraph subsection compile file reports statements together reports statements commission accordance provisions subchapter registration political committees statements organization political committee anticipates receiving contributions making expenditures calendar year aggregate amount exceeding shall file commission statement organization within days organization later days date information causes committee anticipate receive contributions make expenditures excess committee existence date enactment act shall file statement organization commission time prescribes contents statements statement organization shall include name address committee names addresses relationships affiliated connected organizations area scope jurisdiction committee name address position custodian books accounts name address position principal officers including officers members finance committee name address office sought party affiliation candidate committee supporting individual committee supporting nomination election election public office whatever committee supporting entire ticket party name party statement whether committee continuing one disposition residual funds made event dissolution listing banks safety deposit boxes repositories used statement reports required filed committee state local officers names addresses positions persons information shall required commission disbanding political committees contributions expenditures prescribed ceiling notice committee filed one statements organization disbands determines longer receive contributions make expenditures calendar year aggregate amount exceeding shall notify commission filing reports notifications appropriate principal campaign committees case political committee principal campaign committee reports notifications required section filed commission shall filed instead appropriate principal campaign committee reports political committees candidates receipts expenditures completion date exception except provided paragraph treasurer political committee supporting candidate candidates election federal office candidate election office shall file commission reports receipts expenditures forms prescribed approved reports referred preceding sentence shall filed follows calendar year individual candidate federal office election federal office held year reports shall filed later day date election held shall complete day date election except report filed registered certified mail must postmarked later close day date election ii reports shall filed later day day election shall complete day date election calendar year individual candidate federal office reports shall filed december calendar year later january following calendar year shall complete close calendar year respect report filed reports shall filed later day following close calendar quarter candidate political committee concerned received contributions excess made expenditures excess shall complete close calendar quarter except report required filed december calendar year respect report required filed subparagraph shall filed provided subparagraph last day filing quarterly report required subparagraph occurs within days election filing quarterly report shall waived superseded report required subparagraph treasurer political committee principal campaign committee shall file reports required section appropriate principal campaign committee upon request made presidential candidate political committee operates one state upon motion commission may waive reporting dates set forth paragraph reporting date set forth paragraph require instead candidate political committee file reports less frequently monthly commission may require presidential candidate political committee operating one state file reports counting report referred paragraph calendar year commission acts motion paragraph respect candidate political committee candidate committee may obtain judicial review accordance provisions chapter title contents reports report section shall disclose amount cash hand beginning reporting period full name mailing address occupation principal place business person made one contributions committee candidate including purchase tickets events dinners luncheons rallies similar fundraising events within calendar year aggregate amount value excess together amount date contributions total sum individual contributions made committee candidate reporting period reported paragraph name address political committee candidate reporting committee candidate received committee candidate made transfer funds together amounts dates transfers loan person within calendar year aggregate amount value excess together full names mailing addresses occupations principal places business lender endorsers guarantors date amount loans total amount proceeds sale tickets dinner luncheon rally fundraising event mass collections made events sales items political campaign pins buttons badges flags emblems hats banners literature similar materials contribution rebate refund receipt excess otherwise listed paragraphs total sum receipts committee candidate reporting period together total expenditures less transfers political committees support candidate support one candidate identification person expenditures made committee behalf committee candidate within calendar year aggregate amount value excess amount date purpose expenditure name address office sought candidate whose behalf expenditure made identification person expenditure personal services salaries reimbursed expenses excess made otherwise reported including amount date purpose expenditure total sum expenditures made committee candidate calendar year together total receipts less transfers political committees support candidate support one candidate amount nature debts obligations owed committee form supervisory officer may prescribe continuous reporting debts obligations election periods commission may require debts obligations extinguished together statement circumstances conditions debt obligation extinguished consideration therefor information shall required commission members congress reporting exemption section require member congress report contributions received expenditures made value photographic matting recording services furnished senate recording studio house recording studio individual whose pay disbursed secretary senate clerk house representatives furnishes services primary duty employee senate house representatives services paid republican democratic senatorial campaign committee democratic national congressional committee national republican congressional committee subsection apply recording services furnished calendar year year member term expires reports political committees every person political committee candidate makes contributions expenditures contribution political committee candidate aggregate amount excess within calendar year shall file commission statement containing information required section statements required subsection shall filed dates reports political committees filed need cumulative reports certain persons exemptions person individual expends funds commits act directed public purpose influencing outcome election publishes broadcasts public material referring candidate name description reference advocating election defeat candidate setting forth candidate position public issue voting record official acts case candidate holds held federal office otherwise designed influence individuals cast votes candidate withhold votes candidate shall file reports commission person political committee reports filed person shall set forth source funds used carrying activity described preceding sentence detail funds contributions within meaning section title payments funds detail expenditures within meaning section title provisions section apply publication broadcast government news story commentary editorial distributed facilities broadcasting station bona fide newspaper magazine periodical publication news story commentary editorial considered distributed bona fide newspaper magazine periodical publication publication primarily distribution individuals affiliated membership stock ownership person individual distributing causing distributed primarily purchase public newsstands paid subscription news story commentary editorial distributed person individual devotes substantial part activities attempting influence outcome elections influence public opinion respect matters national state policy concern establishment membership term office vacancies qualifications compensation chairman vice chairman established commission known federal election commission commission composed secretary senate clerk house representatives ex officio without right vote six members appointed follows two shall appointed confirmation majority houses congress president pro tempore senate upon recommendations majority leader senate minority leader senate two shall appointed confirmation majority houses congress speaker house representatives upon recommendations majority leader house minority leader house two shall appointed confirmation majority houses congress president members commission shall serve terms years except members first appointed one members appointed paragraph shall appointed term ending april first occurring months date appointed one members appointed paragraph shall appointed term ending year april term member referred subparagraph paragraph ends one members appointed paragraph shall appointed term ending years thereafter one members appointed paragraph shall appointed term ending years thereafter one members appointed paragraph shall appointed term ending years thereafter one members appointed paragraph shall appointed term ending years thereafter members shall chosen basis maturity experience integrity impartiality good judgment shall chosen among individuals time appointment elected appointed officers employees executive legislative judicial branch government members commission secretary senate clerk house representatives shall receive compensation equivalent compensation paid level iv executive schedule commission shall elect chairman vice chairman among members secretary senate clerk house representatives term one year member may serve chairman often term office appointed chairman vice chairman shall affiliated political party vice chairman shall act chairman absence disability chairman event vacancy office commission shall administer seek obtain compliance formulate policy respect act sections title commission primary jurisdiction respect civil enforcement provisions voting requirement nondelegation function decisions commission respect exercise duties powers provisions subchapter shall made majority vote members commission member commission may delegate person vote decisionmaking authority duty vested commission provisions subchapter meetings commission shall meet least month also call member rules conduct activities seal judicial notice principal office commission shall prepare written rules conduct activities shall official seal shall judicially noticed shall principal office near district columbia may meet exercise powers anywhere staff director general counsel appointment compensation appointment compensation personnel procurement intermittent services staff director use assistance personnel facilities federal agencies departments commission shall staff director general counsel shall appointed commission staff director shall paid rate exceed rate basic pay effect level iv executive schedule general counsel shall paid rate exceed rate basic pay effect level executive schedule approval commission staff director may appoint fix pay additional personnel considers desirable approval commission staff director may procure temporary intermittent services extent authorized section title rates individuals exceed daily equivalent annual rate basic pay effect grade general schedule carrying responsibilities act commission shall fullest extent practicable avail assistance including personnel facilities agencies departments government heads agencies departments may make available commission personnel facilities assistance without reimbursement commission may request specific enumeration commission power require special general orders person submit writing reports answers questions commission may prescribe submission shall made within reasonable period time oath otherwise commission may determine administer oaths affirmations require subpena signed chairman vice chairman attendance testimony witnesses production documentary evidence relating execution duties proceeding investigation order testimony taken deposition person designated commission power administer oaths instances compel testimony production evidence manner authorized paragraph subsection pay witnesses fees mileage paid like circumstances courts initiate civil proceedings injunctive declaratory appropriate relief defend appeal civil action name commission purpose enforcing provisions act general counsel render advisory opinions section title make amend repeal rules pursuant provisions chapter title necessary carry provisions act formulate general policy respect administration act sections title develop prescribed forms subsection section conduct investigations hearings expeditiously encourage voluntary compliance report apparent violations appropriate law enforcement authorities district within jurisdiction inquiry carried may upon petition commission case refusal obey subpena order commission issued subsection section issue order requiring compliance therewith failure obey order may punished contempt thereof civil liability disclosure information person shall subject civil liability person commission disclosing information request commission transmittal congress budget estimates requests legislative recommendations prior transmittal congress legislative recommendations whenever commission submits budget estimate request president office management budget shall concurrently transmit copy estimate request congress whenever commission submits legislative recommendations testimony comments legislation requested congress member congress president office management budget shall concurrently transmit copy thereof congress member requesting officer agency shall authority require commission submit legislative recommendations testimony comments legislation office agency approval comments review prior submission recommendations testimony comments congress commission shall transmit reports president house congress later march year report shall contain detailed statement respect activities commission carrying duties subchapter together recommendations legislative action commission considers appropriate advisory opinions written requests written opinions within reasonable time specific transactions activities constituting violations provisions upon written request commission individual holding federal office candidate federal office political committee commission shall render advisory opinion writing within reasonable time respect whether specific transaction activity individual candidate political committee constitute violation act chapter chapter title section title presumption compliance provisions based good faith actions notwithstanding provision law person respect advisory opinion rendered subsection section acts good faith accordance provisions findings advisory opinion shall presumed compliance provision act chapter chapter title section title respect advisory opinion rendered requests made public transmittal commission comments interested parties respect requests request made subsection shall made public commission commission shall rendering advisory opinion respect request provide interested party opportunity transmit written comments commission respect request enforcement violations complaints referrals notification investigation commission venue judicial orders referral law enforcement authorities civil actions attorney general venue judicial orders bond subpenas review courts appeals time petition finality judgment review docket advancement priorities person believes violation act section title occurred may file complaint commission case clerk house representatives secretary senate receive reports statements custodian commission reason believe violation act section title occurred shall refer apparent violation commission commission upon receiving complaint paragraph referral paragraph reason believe person committed violation provision shall notify person involved apparent violation shall report apparent violation attorney general make investigation apparent violation commission shall request person receives notice apparent violation paragraph conduct hearing respect apparent violation commission determines investigation reason believe person engaged engage acts practices constitute constitute violation act may endeavor correct violation informal methods conference conciliation persuasion commission fails correct violation informal methods may institute civil action relief including permanent temporary injunction restraining order appropriate order district district person action brought found resides transacts business upon proper showing person engaged engage acts practices shall grant permanent temporary injunction restraining order order commission shall refer apparent violations appropriate law enforcement authorities extent violations provisions chapter title involved commission unable correct apparent violations act authority given paragraph commission determines referral appropriate whenever judgment commission affording due notice opportunity hearing person engaged engage acts practices constitute constitute violation provision act section title upon request commission attorney general behalf shall institute civil action relief including permanent temporary injunction restraining order appropriate order district district person found resides transacts business upon proper showing person engaged engage acts practices permanent temporary injunction restraining order order shall granted without bond action brought paragraph subsection subpenas witnesses required attend district may run district party aggrieved order granted paragraph subsection may time within days date entry thereof file petition appeals circuit order issued judicial review order judgment appeals affirming setting aside whole part order district shall final subject review upon certiorari certification provided section title action brought subsection shall advanced docket filed put ahead actions actions brought subsection section title reports attorney general commission respecting action taken reports commission respecting status referrals case commission refers apparent violation attorney general attorney general shall respond report commission respect action taken attorney general regarding apparent violation report shall transmitted later days date commission refers apparent violation close every period thereafter final disposition apparent violation commission may time time prepare publish reports status referrals judicial review actions including declaratory judgments construction constitutional questions eligible plaintiffs certification questions courts appeals sitting en banc commission national committee political party individual eligible vote election office president may institute actions appropriate district including actions declaratory judgment may appropriate construe constitutionality provision act section title district immediately shall certify questions constitutionality act section title appeals circuit involved shall hear matter sitting en banc appeal time appeal notwithstanding provision law decision matter certified subsection section shall reviewable appeal directly appeal shall brought later days decision appeals advancement appellate docket expedited deposition certified questions shall duty appeals advance docket expedite greatest possible extent disposition matter certified subsection section administrative judicial provisions federal election commission duties shall duty commission forms develop furnish person required provisions act prescribed forms making reports statements required filed subchapter manual uniform bookkeeping reporting methods prepare publish furnish person required file reports statements manual setting forth recommended uniform methods bookkeeping reporting filing coding system develop filing coding system consonant purposes subchapter public inspection copies sale use restrictions make reports statements filed available public inspection copying commencing soon practicable later end second day following day received permit copying report statement hand duplicating machine requested person expense person provided information copied reports statements shall sold utilized person purpose soliciting contributions commercial purpose preservation reports statements preserve reports statements period years date receipt except reports statements relating solely candidates house representatives shall preserved years date receipt index reports statements publication federal register compile maintain cumulative index reports statements filed shall published federal register regular intervals shall available purchase directly mail reasonable price special reports publication prepare publish time time special reports listing candidates reports filed required subchapter candidates reports filed required audits investigations make time time audits field investigations respect reports statements filed provisions subchapter respect alleged failures file report statement required provisions subchapter enforcement authorities reports violations report apparent violations law appropriate law enforcement authorities rules regulations prescribe suitable rules regulations carry provisions subchapter accordance provisions subsection section method selection type duties assigned officials personnel working boards elections practices relating registration voters voting counting methods proposed rules regulations statement transmittal congress presidential elections congressional elections legislative days defined commission prescribing rule regulation section shall transmit statement respect rule regulation senate house representatives case may accordance provisions subsection statement shall set forth proposed rule regulation shall contain detailed explanation justification rule regulation appropriate body congress receives statement commission subsection appropriate action disapprove proposed rule regulation set forth statement later legislative days receipt statement commission may prescribe rule regulation case rule regulation proposed deal reports statements required filed subchapter candidate office president political committees supporting candidate senate house representatives shall power disapprove proposed rule regulation commission may prescribe rule regulation disapproved paragraph commission proposes prescribe rule regulation dealing reports statements required filed subchapter candidate office senator political committees supporting candidate shall transmit statement senate commission proposes prescribe rule regulation dealing reports statements required filed subchapter candidate office representative delegate resident commissioner political committees supporting candidate shall transmit statement house representatives commission proposes prescribe rule regulation dealing reports statements required filed subchapter candidate office president political committees supporting candidate shall transmit statement house representatives senate purposes subsection term legislative days include respect statements transmitted senate calendar day senate session respect statements transmitted house representatives calendar day house representatives session respect statements transmitted bodies calendar day houses congress session commission shall prescribe suitable rules regulations carry provisions subchapter including rules regulations may necessary require reports statements required filed subchapter candidate office representative delegate resident commissioner congress political committees supporting candidate shall received clerk house representatives custodian commission reports statements required filed subchapter candidate office senator political committees supporting candidate shall received secretary senate custodian commission clerk house representatives secretary senate custodians commission shall make reports statements received available public inspection copying accordance paragraph subsection section preserve reports statements accordance paragraph subsection section shall duty clerk house representatives secretary senate cooperate commission carrying duties act furnish services facilities may required accordance section appropriate state defined copy statement required filed commission subchapter shall filed secretary state office secretary state equivalent state officer appropriate state purposes subsection term appropriate state means reports relating expenditures contributions connection campaign nomination election election candidate office president vice president state expenditure made behalf reports relating expenditures contributions connection campaign nomination election election candidate office senator representative delegate resident commissioner congress state seeks election receive maintain orderly manner reports statements required subchapter filed preserve reports statements period years date receipt except reports statements relating solely candidates house representatives shall preserved years date receipt make reports statements filed available public inspection copying regular office hours commencing soon practicable later end day received permit copying report statement hand duplicating machine requested person expense person compile maintain current list statements parts statements pertaining candidate amounts received candidate contributions excess amount necessary defray expenditures amounts contributed individual purpose supporting activities holder federal office may used candidate individual case may defray ordinary necessary expenses incurred connection duties holder federal office may contributed organization described section title may used lawful purpose extent contribution amount contributed expenditure thereof otherwise required disclosed provisions subchapter contribution amount contributed expenditure shall fully disclosed accordance rules promulgated commission commission authorized prescribe rules may necessary carry provisions section penalties violations person violates provisions subchapter shall fined imprisoned year case conviction subchapter punishment inflicted include imprisonment conviction shall deemed misdemeanor conviction subchapter ii general provisions provision act application thereof person circumstance held invalid validity remainder act application provision persons circumstances shall affected thereby additional enforcement authority findings notice hearing failure file timely reports disqualification prescribed period candidacy future federal elections case commission notice opportunity hearing record accordance section title makes finding person candidate federal office failed file report required subchapter chapter finding made expiration time within failure file report may prosecuted violation subchapter person shall disqualified becoming candidate future election federal office period time beginning date finding ending one year expiration term federal office person candidate judicial review findings finding commission subsection section shall subject judicial review accordance provisions chapter title title crimes criminal procedure chapter elections political activities except otherwise specifically provided used section sections title election means general special primary runoff election convention caucus political party held nominate candidate primary election held selection delegates national nominating convention political party primary election held expression preference nomination persons election office president candidate means individual seeks nomination election election federal office whether individual elected purposes paragraph individual shall deemed seek nomination election election federal office taken action necessary law state qualify nomination election election received contributions made expenditures given consent person receive contributions make expenditures view bringing nomination election election office federal office means office president vice president senator representative delegate resident commissioner congress political committee means committee club association group persons receives contributions makes expenditures calendar year aggregate amount exceeding contribution means gift subscription loan advance deposit money anything value except loan money national state bank made accordance applicable banking laws regulations ordinary course business shall considered loan endorser guarantor proportion unpaid balance thereof endorser guarantor bears total number endorsers guarantors made purpose influencing nomination election election person federal office purpose influencing results primary held selection delegates national nominating convention political party expression preference nomination persons election office president means contract promise agreement express implied whether legally enforceable make contribution purposes means funds received political committee transferred committee another political committee source means payment person candidate political committee compensation personal services another person rendered candidate political committee without charge purpose include value services provided without compensation individuals volunteer portion time behalf candidate political committee use real personal property cost invitations food beverages voluntarily provided individual candidate rendering voluntary personal services individual residential premises activities sale food beverage vendor use candidate campaign charge less normal comparable charge charge use candidate campaign least equal cost food beverage vendor unreimbursed payment travel expenses made individual behalf volunteers personal services candidate payment state local committee political party costs preparation display mailing distribution incurred committee respect printed slate card sample ballot printed listing three candidates public office election held state committee organized except clause shall apply case costs incurred committee respect display listing made broadcasting stations newspapers magazines similar types general public political advertising extent cumulative value activities person behalf candidate clauses exceed respect election means purchase payment distribution loan advance deposit gift money anything value except loan money national state bank made accordance applicable banking laws regulations ordinary course business made purpose influencing nomination election election person federal office purpose influencing results primary held selection delegates national nominating convention political party expression preference nomination persons election office president means contract promise agreement express implied whether legally enforceable make expenditure means transfer funds political committee another political committee include news story commentary editorial distributed facilities broadcasting station newspaper magazine periodical publication unless facilities owned controlled political party political committee candidate nonpartisan activity designed encourage individuals register vote vote communication membership organization corporation members stockholders membership organization corporation organized primarily purpose influencing nomination election election person federal office use real personal property cost invitations food beverages voluntarily provided individual candidate rendering voluntary personal services individual residential premises activities unreimbursed payment travel expenses made individual behalf volunteers personal services candidate communication person made purpose influencing nomination election election person federal office payment state local committee political party costs preparation display mailing distribution incurred committee respect printed slate card sample ballot printed listing three candidates public office election held state committee organized except clause shall apply case costs incurred committee respect display listing made broadcasting stations newspapers magazines similar types general public political advertising costs incurred candidate connection solicitation contributions candidate except clause shall apply respect costs incurred candidate excess amount equal percent expenditure limitation applicable candidate section title costs incurred political committee term defined section title respect solicitation contributions political committee general political fund controlled political committee except clause shall apply exempt costs incurred respect solicitation contributions political committee made broadcasting stations newspapers magazines outdoor advertising facilities similar types general public political advertising extent cumulative value activities individual behalf candidate clauses exceed respect election person whoever mean individual partnership committee association corporation organization group persons state means state district columbia commonwealth puerto rico territory possession political party means association committee organization nominates candidate election federal office whose name appears election ballot candidate association committee organization state committee means organization virtue bylaws political party responsible operation political party state level determined federal election commission national committee means organization virtue bylaws political party responsible operation political party national level determined federal election commission established section title principal campaign committee means principal campaign committee designated candidate section title personal funds candidate family candidate may make expenditures personal funds personal funds immediate family connection campaigns calendar year nomination election election federal office excess aggregate case candidate office president vice president case candidate office senator office representative state entitled one representative case candidate office representative delegate resident commissioner state purposes paragraph expenditure made year calendar year election held respect expenditure made considered made calendar year election held purposes subsection immediate family means candidate spouse child parent grandparent brother sister candidate spouses persons candidate immediate family may make loans advances personal funds connection campaign nomination election election federal office unless loan advance evidenced written instrument fully disclosing terms conditions loan advance purposes subsection loan advance shall included computing total amount expenditures extent balance loan advance outstanding unpaid except otherwise provided paragraphs person shall make contributions candidate respect election federal office aggregate exceed political committee principal campaign committee shall make contributions candidate respect election federal office aggregate exceed contributions national committee political party serving principal campaign committee candidate office president shall exceed limitation imposed preceding sentence respect candidate federal office purposes paragraph term political committee means organization registered political committee section title code period less months received contributions persons except state political party organization made contributions candidates federal office individual shall make contributions aggregating calendar year purposes paragraph contribution made year calendar year election held respect contribution made considered made calendar year election held purposes subsection contributions named candidate made political committee authorized candidate writing accept contributions behalf shall considered contributions made candidate contributions made benefit candidate nominated political party election office vice president shall considered contributions made benefit candidate party election office president limitations imposed paragraphs subsection shall apply separately respect election except elections held calendar year office president except general election office shall considered one election purposes limitations imposed section contributions made person either directly indirectly behalf particular candidate including contributions way earmarked otherwise directed intermediary conduit candidate shall treated contributions person candidate intermediary conduit shall report original source intended recipient contribution commission intended recipient candidate shall make expenditures excess case candidate nomination election office president except aggregate expenditures subparagraph one state shall exceed twice expenditure limitation applicable state candidate nomination election office senator delegate resident commissioner case may case candidate election office president case campaign nomination election candidate office senator candidate office representative state entitled one representative greater cents multiplied voting age population state certified subsection ii case campaign election candidate office senator candidate office representative state entitled one representative greater cents multiplied voting age population state certified subsection ii case campaign nomination election election candidate office representative state delegate district columbia resident commissioner case campaign nomination election election candidate office delegate guam virgin islands expenditures made behalf candidate nominated political party election office vice president shall considered expenditures made behalf candidate party election office president expenditure made behalf candidate including vice presidential candidate made authorized committee agent candidate purposes making expenditure ii person authorized requested candidate authorized committee candidate agent candidate make expenditure limitations imposed subparagraphs paragraph subsection shall apply separately respect election commission shall prescribe rules expenditure candidate presidential nomination use shall attributed candidate expenditure limitation state based voting age population state reasonably expected influenced expenditure beginning calendar year commencing become available necessary data bureau labor statistics department labor secretary labor shall certify commission publish federal register per centum difference price index months preceding beginning calendar year price index base period limitation established subsection subsection shall increased per centum difference amount increased shall amount effect calendar year purposes paragraph term price index means average calendar year consumer price index items city average published monthly bureau labor statistics term base period means calendar year person may make expenditure expenditure made behalf candidate within meaning subsection relative clearly identified candidate calendar year added expenditures made person year advocating election defeat candidate exceeds purposes paragraph clearly identified means candidate name appears ii photograph drawing candidate appears iii identity candidate apparent unambiguous reference expenditure include payment made incurred corporation labor organization provisions last paragraph section constitute expenditure corporation labor organization notwithstanding provision law respect limitations expenditures limitations contributions national committee political party state committee political party including subordinate committee state committee may make expenditures connection general election campaign candidates federal office subject limitations contained paragraphs subsection national committee political party may make expenditure connection general election campaign candidate president affiliated party exceeds amount equal cents multiplied voting age population certified subsection expenditure paragraph shall addition expenditure national committee political party serving principal campaign committee candidate office president national committee political party state committee political party including subordinate committee state committee may make expenditure connection general election campaign candidate federal office state affiliated party exceeds case candidate election office senator representative state entitled one representative greater cents multiplied voting age population state certified subsection ii case candidate election office representative delegate resident commissioner state knowing violations candidate political committee shall knowingly accept contribution make expenditure violation provisions section officer employee political committee shall knowingly accept contribution made benefit use candidate knowingly make expenditure behalf candidate violation limitation imposed contributions expenditures section penalties person violates provision section shall fined imprisoned year contributions expenditures national banks corporations labor organizations unlawful national bank corporation organized authority law congress make contribution expenditure connection election political office connection primary election political convention caucus held select candidates political office corporation whatever labor organization make contribution expenditure connection election presidential vice presidential electors senator representative delegate resident commissioner congress voted connection primary election political convention caucus held select candidates foregoing offices candidate political committee person accept receive contribution prohibited section every corporation labor organization makes contribution expenditure violation section shall fined every officer director corporation officer labor organization consents contribution expenditure corporation labor organization case may person accepts receives contribution violation section shall fined imprisoned year violation willful shall fined imprisoned years purposes section labor organization means organization kind agency employee representation committee plan employees participate exist purpose whole part dealing employers concerning grievances labor disputes wages rates pay hours employment conditions work used section phrase contribution expenditure shall include direct indirect payment distribution loan advance deposit gift money services anything value except loan money national state bank made accordance applicable banking laws regulations ordinary course business candidate campaign committee political party organization connection election offices referred section shall include communications corporation stockholders families labor organization members families subject nonpartisan registration campaigns corporation aimed stockholders families labor organization aimed members families establishment administration solicitation contributions separate segregated fund utilized political purposes corporation labor organization provided shall unlawful fund make contribution expenditure utilizing money anything value secured physical force job discrimination financial reprisals threat force job discrimination financial reprisal dues fees monies required condition membership labor organization condition employment monies obtained commercial transaction contributions government contractors whoever entering contract department agency thereof either rendition personal services furnishing material supplies equipment department agency thereof selling land building department agency thereof payment performance contract payment material supplies equipment land building made whole part funds appropriated congress time commencement negotiations later completion performance termination negotiations contract furnishing material supplies equipment land buildings directly indirectly makes contribution money thing value promises expressly impliedly make contribution political party committee candidate public office person political purpose use knowingly solicits contribution person purpose period section prohibit make unlawful establishment administration solicitation contributions separate segregated fund corporation labor organization purpose influencing nomination election election person federal office unless provisions section title prohibit make unlawful establishment administration solicitation contributions fund purposes section term labor organization meaning given section title title internal revenue code general every individual alien whose income tax liability taxable year may designate shall paid presidential election campaign fund accordance provisions section case joint return husband wife income tax liability spouse may designate shall paid fund income tax liability purposes subsection income tax liability individual taxable year amount tax imposed chapter individual taxable year shown return reduced sum credits shown return allowable sections manner time designation designation subsection may made respect taxable year time filing return tax imposed chapter taxable year time time filing return tax imposed chapter taxable year specified regulations prescribed secretary delegate chapter presidential election campaign fund short title chapter may cited presidential election campaign fund act definitions purposes chapter term authorized committee means respect candidates political party president vice president political committee authorized writing candidates incur expenses election candidates authorization shall addressed chairman political committee copy authorization shall filed candidates commission withdrawal authorization shall also writing shall addressed filed manner authorization term candidate means respect presidential election individual nominated election office president office vice president major party qualified name election ballot names electors pledged election ballot candidate political party election either office term commission means federal election commission established section title code term eligible candidates means candidates political party president vice president met applicable conditions eligibility receive payments chapter set forth section term fund means presidential election campaign fund established section term major party means respect presidential election political party whose candidate office president preceding presidential election received candidate party percent total number popular votes received candidates office term minor party means respect presidential election political party whose candidate office president preceding presidential election received candidate party percent less percent total number popular votes received candidates office term new party means respect presidential election political party neither major party minor party term political committee means committee association organization whether incorporated accepts contributions makes expenditures purpose influencing attempting influence nomination election one individuals federal state local elective public office term presidential election means election presidential electors term qualified campaign expense means expense incurred candidate political party office president election office election candidate political party office vice president ii candidate political party office vice president election office election candidate political party office president iii authorized committee candidates political party offices president vice president election either candidates offices incurred within expenditure report period defined paragraph incurred beginning period extent expense property services facilities used period neither incurring payment constitutes violation law state expense incurred paid term expenditure report period respect presidential election means case major party period beginning first day september election earlier date major party national convention nominated candidate election office president ending days date presidential election case party major party period expenditure report period major party shortest expenditure report period presidential election subparagraph general order eligible receive payments section candidates political party presidential election shall writing agree obtain furnish commission evidence may request qualified campaign expenses candidates agree keep furnish commission records books information may request agree audit examination commission section pay amounts required paid section candidates authorized committees incur qualified campaign expenses excess aggregate payments entitled section contributions defray qualified campaign expenses accepted candidates authorized committees except extent necessary make deficiency payments received fund account application section contributions defray expenses qualified campaign expenses subparagraph section accepted candidates authorized committees minor new parties order eligible receive payments section candidates minor new party presidential election shall certify commission penalty perjury candidates authorized committees incur qualified campaign expenses excess aggregate payments eligible candidates major party entitled section candidates authorized committees accept expend retain contributions defray qualified campaign expenses extent qualified campaign expenses incurred candidates authorized committees certified paragraph exceed aggregate payments received candidates fund pursuant section entitlement eligible candidates payments general subject provisions chapter eligible candidates major party presidential election shall entitled equal payments section amount aggregate shall exceed expenditure limitations applicable candidates section title code eligible candidates minor party presidential election shall entitled payments section equal aggregate amount bears ratio amount allowed paragraph major party number popular votes received candidate president minor party candidate preceding presidential election bears average number popular votes received candidates president major parties preceding presidential election candidate one political parties including major party office president candidate office preceding presidential election received percent less percent total number popular votes received candidates office candidate running mate office vice president upon compliance provisions section shall treated eligible candidates entitled payments section amount computed provided subparagraph taking account popular votes received candidate office president preceding presidential election eligible candidates minor party entitled payments subparagraph entitlement shall reduced amount entitlement allowed subparagraph eligible candidates minor party new party presidential election whose candidate president election receives candidate percent total number popular votes cast office president election shall entitled payments section equal aggregate amount bears ratio amount allowed paragraph major party number popular votes received candidate election bears average number popular votes received election candidates president major parties case eligible candidates entitled payments paragraph amount allowable paragraph shall limited amount entitlement preceding sentence exceeds amount entitlement paragraph amount qualified campaign expenses incurred eligible candidates authorized committees reduced amount contributions defray qualified campaign expenses received expended retained eligible candidates committees aggregate payments eligible candidates major party entitled subsection reduced amount contributions described paragraph subsection defray qualified campaign expenses incurred eligible candidates authorized committees repay loans proceeds used defray qualified campaign expenses otherwise restore funds contributions defray qualified campaign expenses received expended candidates committees used defray qualified campaign expenses initial certifications later days candidates political party president vice president met applicable conditions eligibility receive payments chapter set forth section commission shall certify secretary payment eligible candidates section payment full amounts candidates entitled section finality certifications determinations initial certifications commission subsection determinations made chapter shall final conclusive except extent subject examination audit commission section judicial review section payments eligible candidates establishment campaign fund hereby established books treasury special fund known presidential election campaign fund secretary shall time time transfer fund amount excess sum amounts designated subsequent previous presidential election fund individuals section appropriated fund fiscal year amounts general fund treasury otherwise appropriated amount equal amounts designated fiscal year shall remain available fund without fiscal year limitation transfer general fund presidential election eligible candidates paid amount entitled receive chapter moneys remaining fund secretary shall transfer moneys remaining general fund treasury payments fund upon receipt certification commission section payment eligible candidates political party secretary shall pay candidates fund amount certified commission amounts paid candidates shall control candidates insufficient amounts fund time certification commission section payment eligible candidates political party secretary delegate determines moneys fund may sufficient satisfy full entitlements eligible candidates political parties shall withhold payment amount determines necessary assure eligible candidates political party receive pro rata share full entitlement amounts withheld reason preceding sentence shall paid secretary delegate determines sufficient moneys fund pay amounts portions thereof eligible candidates amounts withheld sufficient moneys fund satisfy full entitlement eligible candidates political parties amounts withheld shall paid manner eligible candidates political party receive pro rata share full entitlement examinations audits repayments examinations audits presidential election commission shall conduct thorough examination audit qualified campaign expenses candidates political party president vice president repayments commission determines portion payments made eligible candidates political party section excess aggregate payments candidates entitled section shall notify candidates candidates shall pay secretary amount equal portion commission determines eligible candidates political party authorized committees incurred qualified campaign expenses excess aggregate payments eligible candidates major party entitled section shall notify candidates amount excess candidates shall pay secretary amount equal amount commission determines eligible candidates major party authorized committee candidates accepted contributions contributions make deficiencies payments fund account application section defray qualified campaign expenses qualified campaign expenses respect payment required paragraph shall notify candidates amount contributions accepted candidates shall pay secretary amount equal amount commission determines amount payment made eligible candidates political party section used purpose defray qualified campaign expenses respect payment made repay loans proceeds used otherwise restore funds contributions defray qualified campaign expenses received expended used defray qualified campaign expenses shall notify candidates amount used candidates shall pay secretary amount equal amount payment shall required eligible candidates political party subsection extent payment added payments required candidates subsection exceeds amount payments received candidates section deposit repayments payments received secretary subsection shall deposited general fund treasury payments presidential nominating conventions establishment accounts secretary shall maintain fund addition account maintains section separate account national committee major party minor party secretary shall deposit account amount equal amount committee may receive subsection deposits shall drawn amounts designated individuals section shall made transfer made account eligible candidate section entitlement payments fund major parties subject provisions section national committee major party shall entitled payments paragraph respect presidential nominating convention amounts aggregate shall exceed million minor parties subject provisions section national committee minor party shall entitled payments paragraph respect presidential nominating convention amounts aggregate shall exceed amount bears ratio amount national committee major party entitled receive paragraph number popular votes received candidate president minor party candidate preceding presidential election bears average number popular votes received candidates president major parties preceding presidential election payments upon receipt certification commission subsection secretary shall make payments appropriate account maintained subsection national committee major party minor party elects receive entitlement subsection payments shall available use committee accordance provisions subsection limitation payments national committee major party minor party subsection account designated committee shall limited amounts account time payment adjustment entitlements entitlements established subsection shall adjusted manner expenditure limitations established section section title code adjusted pursuant provisions section title defray expenses incurred respect presidential nominating convention including payment deposits behalf national committee receiving payments repay loans proceeds used defray expenses otherwise restore funds contributions defray expenses received committee used defray expenses major parties except provided paragraph national committee major party may make expenditures respect presidential nominating convention aggregate exceed amount payments committee entitled subsection minor parties except provided paragraph national committee minor party may make expenditures respect presidential nominating convention aggregate exceed amount entitlement national committee major party subsection exception commission may authorize national committee major party minor party make expenditures aggregate exceed limitation established paragraph paragraph subsection authorization shall based upon determination commission due extraordinary unforeseen circumstances expenditures necessary assure effective operation presidential nominating convention committee transfer fund close presidential nominating convention national committee political party involved paid amount entitled receive section moneys remaining account national committee secretary shall transfer moneys remaining fund certification commission major party minor party may file statement commission form manner times may require designating national committee party statement shall include information required section title code together additional information commission may require upon receipt statement filed preceding sentences commission promptly shall verify statement according procedures criteria may establish shall certify secretary payment full committee amounts committee may entitled subsection certifications shall subject examination audit commission shall conduct later december calendar year presidential nominating convention involved held repayments commission shall authority require repayments national committee major party minor party respect repayments eligible candidate section provisions section section shall apply respect repayment required commission subsection reports congress regulations reports commission shall soon practicable presidential election submit full report senate house representatives setting forth qualified campaign expenses shown detail commission determines necessary incurred candidates political party authorized committees amounts certified section payment eligible candidates political party amount payments required candidates section reasons payment required expenses incurred national committee major party minor party respect presidential nominating convention amounts certified section payment committee amount payments required committees section reasons payment regulations etc commission authorized prescribe rules regulations accordance provisions subsection conduct examinations audits addition examinations audits required section conduct investigations require keeping submission books records information deems necessary carry functions duties imposed chapter review regulations commission prescribing rule regulation subsection shall transmit statement respect rule regulation senate house representatives accordance provisions subsection statement shall set forth proposed rule regulation shall contain detailed explanation justification rule regulation either house appropriate action disapprove proposed rule regulation set forth statement later legislative days receipt statement commission may prescribe rule regulation commission may prescribe rule regulation disapproved either house paragraph purposes subsection term legislative days include calendar day houses congress session appearance counsel commission authorized appear defend action filed section either attorneys employed office counsel may appoint without regard provisions title code governing appointments competitive service whose compensation may fix without regard provisions chapter subchapter iii chapter title recovery certain payments commission authorized attorneys counsel described subsection appear district courts seek recovery amounts determined payable secretary result examination audit made pursuant section declaratory injunctive relief commission authorized attorneys counsel described subsection petition courts declaratory injunctive relief concerning civil matter covered provisions subtitle section upon application commission action brought pursuant subsection shall heard determined three judges accordance provisions section title code appeal shall lie shall duty judges designated hear case assign case hearing earliest practicable date participate hearing determination thereof cause case every way expedited appeal commission authorized behalf appeal petition certiorari review judgments decrees entered respect actions appears pursuant authority provided section judicial review review certification determination action commission certification determination action commission made taken pursuant provisions chapter shall subject review appeals district columbia upon petition filed interested person petition filed pursuant section shall filed within days certification determination action commission review sought suits implement chapter commission national committee political party individuals eligible vote president authorized institute actions including actions declaratory judgment injunctive relief may appropriate implement construe provisions chapter district courts shall jurisdiction proceedings instituted pursuant subsection shall exercise without regard whether person asserting rights provisions subsection shall exhausted administrative remedies may provided law proceedings shall heard determined three judges accordance provisions section title code appeal shall lie shall duty judges designated hear case assign case hearing earliest practicable date participate hearing determination thereof cause case every way expedited excess expenses shall unlawful eligible candidate political party president vice president presidential election authorized committees knowingly willfully incur qualified campaign expenses excess aggregate payments eligible candidates major party entitled section respect election shall unlawful national committee major party minor party knowingly willfully incur expenses respect presidential nominating convention excess expenditure limitation applicable respect committee section unless incurring expenses authorized commission section person violates paragraph shall fined imprisoned year case violation authorized committee officer member committee knowingly willfully consents violation shall fined imprisoned year shall unlawful eligible candidate major party presidential election authorized committees knowingly willfully accept contribution defray qualified campaign expenses except extent necessary make deficiency payments received fund account application section defray expenses qualified campaign expenses subparagraph section shall unlawful eligible candidate political party major party presidential election authorized committees knowingly willfully accept expend retain contributions defray qualified campaign expenses amount exceeds qualified campaign expenses incurred respect election eligible candidate authorized committees person violates paragraph shall fined imprisoned year case violation authorized committee officer member committee knowingly willfully consents violation shall fined imprisoned year shall unlawful person receives payment section portion payment received section transferred knowingly willfully use authorize use payment portion purpose defray qualified campaign expenses respect payment made repay loans proceeds used otherwise restore funds contributions defray qualified campaign expenses received expended used defray qualified campaign expenses shall unlawful national committee major party minor party receives payment section use authorize use payment purpose purpose authorized section person violates paragraph shall fined imprisoned years shall unlawful person knowingly willfully furnish false fictitious fraudulent evidence books information commission subtitle include evidence books information furnished misrepresentation material fact falsify conceal evidence books information relevant certification commission examination audit commission chapter fail furnish commission records books information requested purposes chapter person violates paragraph shall fined imprisoned years shall unlawful person knowingly willfully give accept kickback illegal payment connection qualified campaign expense eligible candidates authorized committees shall unlawful national committee major party minor party knowingly willfully give accept kickback illegal payment connection expense incurred committee respect presidential nominating convention person violates paragraph shall fined imprisoned years addition penalty provided paragraph person accepts kickback illegal payment connection qualified campaign expense eligible candidates authorized committees connection expense incurred national committee major party minor party respect presidential nominating convention shall pay secretary deposit general fund treasury amount equal percent kickback payment received except provided paragraph shall unlawful political committee authorized committee respect eligible candidates political party president vice president presidential election knowingly willfully incur expenditures election candidates constitute qualified campaign expenses incurred authorized committee candidates aggregate amount exceeding subsection shall apply expenditures broadcaster regulated federal communications commission periodical publication reporting news taking editorial positions expenditures organization described section exempt tax section communicating members views organization political committee violates paragraph shall fined officer member committee knowingly willfully consents violation individual knowingly willfully violates paragraph shall fined imprisoned year shall unlawful individual disclose information obtained provisions chapter except may required law person violates paragraph shall fined imprisoned year chapter presidential primary matching payment account chapter may cited presidential primary matching payment account act definitions purposes chapter term authorized committee means respect candidates political party president vice president political committee authorized writing candidates incur expenses election candidates authorization shall addressed chairman political committee copy authorization shall filed candidates commission withdrawal authorization shall also writing shall addressed filed manner authorization term candidate means individual seeks nomination election president purposes paragraph individual shall considered seek nomination election takes action necessary law state qualify nomination election receives contributions incurs qualified campaign expenses gives consent person receive contributions incur qualified campaign expenses behalf term commission means federal election commission established section title code except provided section term contribution means gift subscription loan advance deposit money anything value payment made beginning calendar year immediately preceding calendar year presidential election respect gift subscription loan advance deposit money anything value made purpose influencing result primary election means contract promise agreement whether legally enforceable make contribution purpose means funds received political committee transferred committee another committee means payment person candidate authorized committee compensation personal services another person rendered candidate committee without charge include except provided subparagraph value personal services rendered benefit candidate individual receives compensation rendering service benefit candidate ii payments section term matching payment account means presidential primary matching payment account established section term matching payment period means period beginning beginning calendar year general election office president held ending date national convention party whose nomination candidate seeks nominates candidate office president case party make nomination national convention ending earlier date party nominates candidate office president last day last national convention held major party calendar year term primary election means election including runoff election nominating convention caucus held political party selection delegates national nominating convention political party expression preference nomination persons election office president term political committee means individual committee association organization whether incorporated accepts contributions incurs qualified campaign expenses purpose influencing attempting influence nomination person election office president term qualified campaign expense means purchase payment distribution loan advance deposit gift money anything value incurred candidate authorized committee connection campaign nomination election neither incurring payment constitutes violation law state expense incurred paid purposes paragraph expense incurred candidate authorized committee incurred person specifically authorized writing candidate committee case may incur expense behalf candidate committee term state means state district columbia conditions eligible receive payments section candidate shall writing agree obtain furnish commission evidence may request qualified campaign expenses agree keep furnish commission records books information may request agree audit examination commission section pay amounts required paid section candidate authorized committees incur qualified campaign expenses excess limitation expenses section candidate seeking nomination political party election office president candidate received matching contributions aggregate exceed contributions residents least aggregate contributions certified respect person paragraph exceed general every candidate eligible receive payments section entitled payments section amount equal amount contribution received candidate beginning calendar year immediately preceding calendar year presidential election respect candidate seeking nomination authorized committees disregarding amount contributions person extent total amounts contributed person beginning preceding calendar year exceeds purposes subsection section term contribution means gift money made written instrument identifies person making contribution full name mailing address include subscription loan advance deposit money anything value anything described subparagraph section limitations total amount payments candidate entitled subsection shall exceed percent expenditure limitation applicable section title code qualified campaign expense limitation candidate shall knowingly incur qualified campaign expenses excess expenditure limitation applicable section title code certification commission initial certifications later days candidate establishes eligibility section receive payments section commission shall certify secretary payment candidate section payment full amounts candidate entitled section commission shall make additional certifications may necessary permit candidates receive payments contributions section finality determinations initial certifications commission subsection determinations made chapter final conclusive except extent subject examination audit commission section judicial review section payments eligible candidates establishment account secretary shall maintain presidential election campaign fund established section addition account maintains section separate account known presidential primary matching payment account secretary shall deposit matching payment account use candidate political party eligible receive payments section amount available secretary determines amounts payments section payments section available payments payments matching payment account upon receipt certification commission section beginning matching payment period secretary delegate shall promptly transfer amount certified commission matching payment account candidate making transfers candidates political party secretary delegate shall seek achieve equitable distribution funds available subsection secretary delegate shall take account seeking achieve equitable distribution sequence certifications received examinations audits repayments examinations audits matching payment period commission shall conduct thorough examination audit qualified campaign expenses every candidate authorized committees received payments section repayments commission determines portion payments made candidate matching payment account excess aggregate amount payments candidate entitled section shall notify candidate candidate shall pay secretary delegate amount equal amount excess payments commission determines amount payment made candidate matching payment account used purpose defray qualified campaign expenses respect payment made repay loans proceeds used otherwise restore funds contributions defray qualified campaign expenses received expended used defray qualified campaign expenses amounts received candidate matching payment account may retained liquidation obligations pay qualified campaign expenses incurred period exceeding months end matching payment period obligations liquidated portion unexpended balance remaining candidate accounts bears ratio total unexpended balance total amount received matching payment account bears total deposits made candidate accounts shall promptly repaid matching payment account deposit repayments payments received secretary delegate subsection shall deposited matching payment account reports congress regulations reports commission shall soon practicable matching payment period submit full report senate house representatives setting forth qualified campaign expenses shown detail commission determines necessary incurred candidates political party authorized committees amounts certified section payment eligible candidate amount payments required candidates section reasons payment required regulations etc commission authorized prescribe rules regulations accordance provisions subsection conduct examinations audits addition examinations audits required section conduct investigations require keeping submission books records information determines necessary carry responsibilities chapter review regulations commission prescribing rule regulation subsection shall transmit statement respect rule regulation senate house representatives accordance provisions subsection statement shall set forth proposed rule regulation shall contain detailed explanation justification rule regulation either house appropriate action disapprove proposed rule regulation set forth statement later legislative days receipt statement commission may prescribe rule regulation commission may prescribe rule regulation disapproved either house paragraph purposes subsection term legislative days include calendar day houses congress session appearance counsel commission authorized appear defend action instituted section either attorneys employed office counsel may appoint without regard provisions title code governing appointments competitive service whose compensation may fix without regard provisions chapter subchapter iii chapter title recovery certain payments commission authorized attorneys counsel described subsection institute actions district courts seek recovery amounts determined payable secretary delegate result examination audit made pursuant section injunctive relief commission authorized attorneys counsel described subsection petition courts injunctive relief appropriate implement provision chapter appeal commission authorized behalf appeal petition certiorari review judgments decrees entered respect actions appears pursuant authority provided section judicial review review agency action commission agency action commission made provisions chapter shall subject review appeals district columbia circuit upon petition filed within days agency action commission review sought review procedures provisions chapter title code apply judicial review agency action defined section title code commission criminal penalties excess campaign expenses person violates provisions section shall fined imprisoned years officer member political committee knowingly consents expenditure violation provisions section shall fined imprisoned years unlawful use payments unlawful person receives payment section portion payment transferred knowingly willfully use authorize use payment portion purpose defray qualified campaign expenses repay loans proceeds used otherwise restore funds contributions defray qualified campaign expenses received expended used defray qualified campaign expenses person violates provisions paragraph shall fined imprisoned years unlawful person knowingly willfully furnish false fictitious fraudulent evidence books information commission chapter include evidence books information furnished misrepresentation material fact falsify conceal evidence books information relevant certification commission examination audit commission chapter fail furnish commission records books information requested purposes chapter person violates provisions paragraph shall fined imprisoned years unlawful person knowingly willfully give accept kickback illegal payment connection qualified campaign expense candidate authorized committees receives payments section person violates provisions paragraph shall fined imprisoned years addition penalty provided paragraph person accepts kickback illegal payment connection qualified campaign expense candidate authorized committees shall pay secretary deposit matching payment account amount equal percent kickback payment received footnotes app revenue act title viii stat amended stat amended federal election campaign act amendments et stat subtitle consists two parts chapter deals funding national party conventions general election campaigns president chapter deals matching funds presidential primary campaigns judicial review commission national committee political party individual eligible vote election office president may institute actions appropriate district including actions declaratory judgment may appropriate construe constitutionality provision act section title district immediately shall certify questions constitutionality act section title appeals circuit involved shall hear matter sitting en banc notwithstanding provision law decision matter certified subsection section shall reviewable appeal directly appeal shall brought later days decision appeals shall duty appeals advance docket expedite greatest possible extent disposition matter certified subsection section center public financing elections common cause league women voters chellis gregory norman jacknis louise wides daniel noyes edgar stern charles taft john gardner ruth clusen appeals also suggested en banc order issues arising subtitle relating public financing presidential campaigns might require supp iv different mode review issues raised case suggested district consider constitutionality provisions order protect contingency might eventually hold issues subject determination either app case argued simultaneously appeals sitting en banc district limited consideration issues subtitle adopted appeals opinion questions toto simply entered order respect matters supp thus two judgments us one upholding constitutionality subtitle though two cases generally referred hereinafter singular since jurisdiction hear least one appeals clear need resolve jurisdictional ambiguities occasioned joint sitting appeals held one provision unconstitutionally vague overbroad ground provision susceptible reading necessitating reporting groups whose connection elective process arises completely nonpartisan public discussion issues public importance app appeal taken holding recognized powers delegated commission exercised concrete context may predominantly executive judicial unrelated commission legislative function however since commission yet exercised challenged powers consideration constitutionality grants authority postponed see infra see supra held instance organization may assert behalf members right personal protected compelled disclosure affiliation naacp alabama see also bates little rock similarly parties sufficient concrete interests stake held standing raise constitutional questions separation powers respect agency designated adjudicate rights palmore glidden zdanok coleman miller accordingly two relevant certified questions answered follows first sentence federal election campaign act amended supp iv context action require courts render advisory opinions violation case controversy requirement article iii constitution plaintiffs alleged sufficient injury constitutional rights enumerated following questions create constitutional case controversy within judicial power article iii yes see supp iv set forth appendix infra organization registered political committee less six months received contributions least persons made contributions least five candidates may give candidate election supp iv set forth appendix infra groups limited making contributions per candidate per election see supp iv set forth appendix infra see supp iv set forth appendix infra see supp iv set forth appendix infra article constitution grants congress power regulate elections members senate house representatives see smiley holm ex parte yarbrough although one time indicated party primary contests elections within meaning art newberry later held primary elections within constitution grant authority congress classic also recognized broad congressional power legislate connection elections president vice president burroughs see part iii infra nongovernmental appellees argue decibels emitted sound truck regulated consistently first amendment kovacs cooper act may restrict volume dollars political campaigns without impermissibly restricting freedom speech see freund commentary rosenthal federal regulation campaign finance constitutional questions comparison underscores fundamental misconception decibel restriction upheld kovacs limited manner operating soundtruck extent proper use contrast act dollar ceilings restrict extent reasonable use virtually every means communicating information kovacs emphasized nuisance ordinance barred soundtrucks broadcasting loud raucous manner streets imposed restriction upon communication ideas discussion issues human voice newspapers pamphlets dodgers soundtrucks operating reasonable volume ibid see saia new york free engage unlimited political expression subject ceiling expenditures like free drive automobile far often one desires single tank gasoline political parties fail qualify candidate position ballot classified persons subject independent expenditure ceiling see supp iv institutional press facilities owned controlled candidates political parties also subject expenditure limits act see supp iv unless otherwise indicated subsequent statutory citations part opinion title code edition supplement iv record indicates january one advertisement daily edition certain metropolitan newspaper cost almost seven times annual limit expenditures relative particular candidate imposed vast majority individual citizens associations statistical findings fact agreed parties district indicate senatorial candidates spent combined fundraising limitations imposed act senatorial figures showed candidates exceeded act limitations figure may substantially underestimate number candidates exceeded limits provided act since act imposes separate ceilings primary election general election fundraising permit limits aggregated data house representatives elections also skewed since statistics reflect combined limit instead separate ceilings primary general elections additional permitted fundraising house candidates candidates exceeded figure presidential candidates spent excess combined presidential expenditure ceilings factors relevant assessment intensity support indicated contribution include contributor financial ability past contribution history statistical findings agreed parties reveal approximately raised candidates congress obtained amounts excess two senatorial candidates ramsey clark senator charles mathias operated campaigns contributions raised voluntarily imposed contribution limitation act exempts contribution ceiling value volunteer services provided individuals candidate political committee excludes first spent volunteers certain categories activities see infra act define phrase purpose influencing election determines gift loan advance constitutes contribution courts given phrase narrow meaning alleviate various problems contexts see national comm impeachment american civil liberties union jennings supp dc vacated moot sub nom staats american civil liberties union use phrase presents fewer problems connection definition contribution limiting connotation created general understanding constitutes political contribution funds provided candidate political party campaign committee either directly indirectly intermediary constitute contribution addition dollars given another person organization earmarked political purposes contributions act expenditures persons associations authorized requested candidate agents treated contributions act see infra contribution limitations alone reduce greater potential voice affluent persons groups remain free spend unlimited sums directly promote candidates policies favor effort persuade voters yet ceiling size contributions affect indirectly costs political campaigns making relatively difficult candidates raise large amounts money example funds raised candidates congress came contributions less see supra presumably contributions excess replaced efforts raise additional contributions persons giving less act campaign expenditure limitations contribution limits directly address overall scope federal election spending appeals opinion case discussed number abuses uncovered elections see app nn nn although letter carriers found interest constitutionally sufficient justify legislation prohibiting federal employees engaging certain partisan political activities careful emphasize limitations restrict employee right express views political issues candidates see infra act disclosure provisions discussed part ii infra providing significant limitations ability individuals groups contribute large amounts money candidates act contribution ceilings foreclose making substantial contributions candidates major groups combined effect individual contributions adherents proliferation political funds authorized act contribute candidates prime example permits corporations labor unions establish segregated funds solicit voluntary contributions utilized political purposes corporate union resources without limitation may employed administer funds solicit contributions employees stockholders union members separate fund may contribute per candidate per election long fund qualifies political committee see pp federal election commission advisory opinion fed reg act places limit number funds may formed use subsidiaries divisions corporations local regional units national labor union potential proliferation sources contributions insignificant approximately active corporations filed federal income tax returns internal revenue service preliminary statistics income corporation income tax returns pub clear whether total includes subsidiary corporations parent filed consolidated return year local unions chartered national unions department labor bureau labor statistics directory national unions employee associations act allows maximum contribution made unit fund provided decision judgment contribute particular candidates made fund independently control direction parent corporation national regional union see pp act limitations applicable campaign expenditures candidate personal expenditures behalf scaled take account differences amounts money required congressional presidential campaigns see discussion address argument contribution limitations alone impressibly discriminate address serious argument limitations combination limitation expenditures individuals groups limitation candidate use personal family resources overall ceiling campaign expenditures invidiously discriminate challengers candidates since incumbent subject limitations degree opponent act face appears appearance fairness however may reflect political reality although incumbents defeated every congressional election axiomatic incumbent usually begins race significant advantages addition factors voter recognition status accruing holding federal office incumbent access substantial resources provided government include local washington offices staff support franking privilege incumbent support major groups flexibility described supra supported media overall effect contribution expenditure limitations enacted congress foreclose fair opportunity successful challenge however since decide part infra ceilings independent expenditures candidate expenditures personal funds overall campaign expenditures unconstitutional first amendment need express opinion regard alleged invidious discrimination resulting full sweep legislation enacted example challengers defeated incumbent members house representatives general election four incumbent senators defeated challengers primary general election campaigns races house representatives three candidates exceeding combined expenditure limits contained act challengers incumbents nine candidates races involving incumbents comparable statistics indicate candidates exceeding combined limits nonincumbents challengers outspent house incumbents races challengers defeated house incumbents outspent opponents challengers senatorial elections outspent incumbent opponents statistics senatorial contests reveal substantially greater financial dominance incumbents contributions raised congressional candidates limit almost twice much money went incumbents challengers appellants contend act discriminates challengers limits contributions candidates government makes available material resources incumbents see supra yet taking cognizance advantages disadvantages incumbency little indication contribution ceiling consistently harm prospects challengers relative incumbents september december candidates house senate raised contributions compared raised candidates amounts exceeding contribution limit appellant libertarian party according estimates national chairman received contributions excess total contributions even contributions permissible act donor earmark funds particular candidate exceed overall contribution ceiling calendar year see similarly appellants conservative victory fund american conservative union received insignificant portion funding contributions excess affidavit executive director conservative victory fund indicates typical fundraising year fund received approximately individual contributions one contributions contribution earmarked particular candidate exceeded fund received three contributions excess might legal act earmarked april february american conservative union receive aggregate contributions exceeding moreover committee constitutional presidency mccarthy another appellant engaged concerted effort raise contributions excess effective date act obtained five contributions excess although appellants claim ceiling governing contributions candidates prevent acquisition seed money necessary launch campaigns absence experience act prevents us evaluating assertion appellees note difficult assess effect contribution ceiling acquisition seed money since candidates previously make concerted effort raise funds small amounts appellant buckley candidate elected senate state new york although expenditures incidental volunteer services appear possible worker candidate campaign generate substantial travel expenses affidavit submitted stewart mott appellant indicates expended personal expenses connection senator mcgovern presidential campaign act contains identical parallel provisions pertaining incidental volunteer expenses definitions contribution expenditure compare definitions two effects first volunteer expenses counted contributions volunteer also constitute expenditures candidate campaign second volunteer expenses qualify contributions whereas others constitute independent expenditures statute distinguishes independent expenditures individuals campaign expenditures basis whether candidate authorized committee candidate agent candidate authorized requested expenditure see ii result travel authorized requested candidate agents involve incidental expenses chargeable volunteer contribution limit candidate expenditure ceiling see infra person independently travel across country participate campaign unreimbursed travel expenses treated contribution interpretation consistent statute legislative history also necessary avoid administrative chaos produced volunteer candidate keep track amounts spent unsolicited travel order comply act contribution expenditure ceilings reporting disclosure provisions distinction contributions expenditures also discussed infra part infra see supra broad definition person applicable contribution limitations governs meaning person statute provides limited exceptions various exclusions otherwise comprehensive definition expenditure see important exclusions news story commentary editorial distributed facilities broadcasting station newspaper magazine periodical publication unless facilities owned controlled political party political committee candidate communication membership organization corporation members stockholders membership organization corporation organized primarily purpose influencing nomination election election person federal office addition act sets substantially higher limits personal expenditures candidate connection campaign expenditures national state committees political parties succeed placing candidate ballot total campaign expenditures candidates section provides person convicted exceeding contribution expenditure limitations shall fined imprisoned one year several parties suggested problems ambiguity regarding application specific campaign speech handled requesting advisory opinions commission comprehensive series advisory opinions rule delineating expenditures relative clearly identified candidate might alleviate provision vagueness problems reliance commission unacceptable vast majority individuals groups subject criminal sanctions violating right obtain advisory opinion commission see supp iv section title accords candidates federal officeholders political committees right request advisory opinions directs commission shall render advisory opinion writing within reasonable time concerning specific planned activities transactions individual committee powers delegated commission thus assure vagueness concerns remedied prior chilling political discussion individuals groups future election years circumstances vague laws may trap innocent providing fair warning foster arbitrary discriminatory application also operate inhibit protected expression inducing citizens steer far wider unlawful zone boundaries forbidden areas clearly marked grayned city rockford quoting baggett bullitt quoting speiser randall first amendment freedoms need breathing space survive government may regulate area narrow specificity naacp button interpretation relative clearly identified candidate supported discussion senate report house report conference report conf pp opinion appeals app connection another provision containing advocacy language appearing appeals concluded public discussion public issues also campaign issues readily often unavoidably draws candidates positions voting records official conduct discussions issues well positive efforts influence public opinion tend naturally inexorably exert influence voting elections app section defines clearly identified require candidate name photograph drawing unambiguous reference identity appear part communication unambiguous reference include use candidate initials fdr candidate nickname ike office president governor iowa status candidate democratic presidential nominee senatorial candidate republican party georgia construction restrict application communications containing express words advocacy election defeat vote elect support cast ballot smith congress vote defeat reject section apply expenditures behalf candidate within meaning latter subsection provides expenditures authorized requested candidate authorized committee candidate agent candidate treated expenditures candidate contributions person group making expenditure house senate reports provide guidance differentiating individual expenditures contributions candidate expenditures treated independent expenditures subject ceiling house report speaks independent expenditures costs incurred without request consent candidate agent senate report addresses issue greater detail provides example illustrating distinction authorized requested expenditures excluded independent expenditures governed person might purchase billboard advertisements endorsing candidate completely request suggestion candidate agent sic constitute independent expenditure behalf candidate section bill person making expenditure report however advertisement placed cooperation candidate campaign organization amount constitute gift supporter expenditure candidate direct contribution enabling candidate place advertisement reported appellees mistakenly rely decision csc letter carriers supporting restriction spending money advocate election defeat particular candidate upholding hatch act broad restrictions associational freedoms federal employees repeatedly emphasized statutory provision corresponding regulation permitting employee xpress opinion individual privately publicly political subjects candidates quoting cfr see although unhesitatingly found statute prohibiting federal employees engaging wide variety partisan political conduct unquestionably valid carefully declined endorse provisions threatening political expression see rule constitutional questions presented regulations forbidding partisan campaign endorsements media speechmaking political gatherings found restrictions make statute substantially overbroad invalid face neither voting rights cases decision upholding federal communications commission fairness doctrine lends support appellees position first amendment permits congress abridge rights persons engage political expression order enhance relative voice segments society cases invalidating governmentally imposed wealth restrictions right vote file candidate public office rest conclusion wealth germane one ability participate intelligently electoral process therefore insufficient basis restrict citizen fundamental right vote harper virginia bd elections see lubin panish bullock carter phoenix kolodziejski voting cases reapportionment decisions serve assure citizens accorded equal right vote representatives regardless factors wealth geography principles underlie invalidation governmentally imposed restrictions franchise justify governmentally imposed restrictions political expression democracy depends electorate citizenry legislatively limited ability discuss debate candidates issues red lion broadcasting fcc upheld portions federal communications commission fairness doctrine doctrine requires broadcast licensees devote programing time discussion controversial issues public importance present sides issues red lion makes clear broadcast media pose unique special problems present traditional free speech case demonstrating idle posit unbridgeable first amendment right broadcast comparable right every individual speak write publish columbia broadcasting democratic quoting red lion broadcasting supra red lion therefore undercuts appellees claim limitations may permissibly restrict first amendment rights individuals traditional free speech case moreover contrast undeniable effect presumed effect fairness doctrine one enhancing volume quality coverage public issues act exempts elements institutional press limiting expenditures institutional press facilities owned controlled candidates political parties see whatever differences may constitutional guarantees free press free speech difficult conceive principled basis upon distinguish limitations upon public large similar limitations imposed upon press specifically ceiling expenditures candidates senate also applies candidates house representatives entitled one representative appeals treated relaxing contribution limitation imposed permit member candidate immediate family spouse child grandparent brother sister spouse persons contribute overall annual contribution ceiling candidate see app commission recently adopted similar interpretation provision see federal election commission advisory opinion fed reg however appeals commission apparently overlooked conference report accompanying final version act expressly provides contrary interpretation intent conferees members immediate family candidate shall subject contribution limitations established legislation candidate office senator example already position exercise control funds member immediate family becomes candidate draw upon funds limit however candidate access control funds time became candidate immediate family member permitted grant access control candidate amounts immediate family member intends amounts used campaign candidate immediate family member permitted merely make contributions candidate amounts greater election involved conf appeals evidently considered personal funds expended candidate behalf contribution rather expenditure see app however unlike person contribution candidate candidate expenditure personal funds directly facilitates political speech legislative history act clearly indicates intended suspend application contribution limitation members candidate immediate family see supra although risk improper influence somewhat diminished case large contributions immediate family members say danger sufficiently reduced bar congress subjecting family members limitations nonfamily contributors limitation candidate expenditure funds differs markedly limitation family contributions absence threat corruption presence legislative restriction candidate ability fund communication voters expenditures made authorized committee candidate agent candidate well expenditure person authorized requested candidate agent charged candidate spending ceiling expenditures made behalf vice presidential candidate political party considered made behalf party presidential candidate campaign ceilings contained required reduction scope number previous congressional campaigns substantially limited overall expenditures two presidential candidates see supra normal relationship may apply candidate devotes large amount personal resources campaign opinion dissenting part decision noted senatorial candidate raise voter evil exacerbated allowing candidate use money political communication know none app tamm reasons discussed part iii infra congress may engage public financing election campaigns may condition acceptance public funds agreement candidate abide specified expenditure limitations candidate may voluntarily limit size contributions chooses accept may decide forgo private fundraising accept public funding subtitle internal revenue code also established separate limitations general election expenditures national state committees political parties national political party conventions nomination presidential candidates supp iv appellants challenge ceilings first amendment grounds instead contend provisions discriminate independent candidates regional political parties without national committees permit additional spending political parties national committees decision today holding independent expenditure limitation unconstitutional campaign expenditure ceilings unconstitutional removes predicate appellants discrimination claim eliminating alleged advantage political parties national committees accordingly answers certified constitutional questions pertaining act contribution expenditure limitations follows statutory limitation particular limitations challenged statutes amounts individuals organizations may contribute expend connection elections federal office violate rights one plaintiffs first fifth ninth amendment due process clause fifth amendment constitution supp iv violate rights forbids candidate members immediate family expending personal funds excess amounts specified supp iv answer yes supp iv violate rights forbids solicitation receipt making contributions behalf political candidates excess amounts specified supp iv answer supp iv violate rights limit incidental expenses volunteers working behalf political candidates may incur amounts specified supp iv answer supp iv violate rights limits independent behalf candidate expenditures person relative identified candidate answer yes supp iv violate rights limits expenditures national state committees political parties connection general election campaigns federal office answer fifth amendment challenge advanced appellants internal revenue code violate rights limits expenditures national committee party respect presidential nominating conventions answer fifth amendment challenge advanced appellants supp iv violate rights excludes definition political committee committees registered less period time prescribed statute answer statutory limitation particular limitations challenged statutes amounts candidates elected federal office may expend campaigns violate rights one plaintiffs first ninth amendment due process clause fifth amendment supp iv violate rights forbids expenditures candidates federal office excess amounts specified supp iv answer yes unless otherwise indicated statutory citations part ii opinion title code edition supplement iv appellants contend blanket exemption disclosure provisions minor parties see part infra appeals ruling unconstitutional appealed see supra past disclosure laws relatively easy circumvent candidates required report contributions received received others knowledge consent stat data reported virtually impossible use uniform rules compiling reports provisions requiring corrections additions see redish campaign spending laws first amendment rev see part supra relevant provisions title set forth appendix opinion infra et seq naacp alabama see also gibson florida legislative naacp button bates little rock gibson florida legislative supra appeals held applicable test evaluating act disclosure requirements adopted speech elements combined course conduct appropriate appeals found act directed toward spending money money introduces nonspeech element discussion part supra indicates inapposite money neutral element always associated speech necessary integral part many perhaps forms communication moreover test met even applicable requires governmental interest unrelated suppression free expression governmental interest furthered disclosure requirements unrelated suppression speech insofar requirements designed facilitate detection violations contribution expenditure limitations set supp iv ibid said elsewhere informed public opinion potent restraints upon misgovernment grosjean american press cf harriss upholding disclosure requirements imposed lobbyists federal regulation lobbying act title iii legislative reorganization act stat brandeis people money national home library foundation ed see supra disclosure successful candidates suggested less restrictive way preventing corrupt pressures delayed disclosure sort serve equally important informational function played reporting moreover public interest sources campaign funds likely peak campaign period time improper influences likely brought light case comparable pollard roberts supp ed ark aff arkansas prosecuting attorney sought obtain subpoena duces tecum records checking account including names individual contributors established specific party republican party arkansas see developments law elections harv rev see williams rhodes course reason two parties retain permanent monopoly right people vote competition ideas governmental policies core electoral process first amendment freedoms sweezy new hampshire plurality opinion cf talley california allegations made branch socialist workers party civil action seeking declare district columbia disclosure filing requirements unconstitutional applied records held sufficient withstand motion dismiss doe martin supp district columbia provisions require every political committee keep records contributions report contributors example campaign worker solicited campaign funds libertarian party new york testified two persons solicited party campaign refused contribute unwilling names disclosed published none appellants offers stronger evidence threats harassment criteria suggested opinion concurring part dissenting part decision app bazelon age also underinclusive presumably leave unpopular parties subject disclosure requirements socialist labor party party litigation filed amicus brief support appellants claims able offer evidence direct suppression intimidation harassment physical abuse loss economic sustenance relating contributors brief socialist labor party amicus curiae party existence since app bazelon see also developments law elections harv rev see appendix opinion infra see part supra stat stat see supra section provides person violates provisions subchapter shall fined imprisoned one year see appendix opinion infra see supra pp see supra see part supra section defines political committee committee club association group persons receives contributions makes expenditures calendar year aggregate amount exceeding least two lower courts seeking avoid questions unconstitutionality construed disclosure requirements imposed political committees nonapplicable organizations national comm impeachment american civil liberties union jennings see also app partisan committees groups within control candidate primarily organized political activities fall within contributions expenditures fall range groups sort contributions expenditures political committees within definition whose transactions great required file statements see supra course independent contributions expenditures made support campaigns candidates parties found exempt general disclosure requirements possibility consequent chill harassment exempt requirements see supra looked without regard necessity behind line point seems arbitrary might well nearly well little one side seen line point must mathematical logical way fixing precisely decision legislature must accepted unless say wide reasonable mark louisville gas coleman holmes dissenting appellants final argument directed exempts reporting requirements certain photographic matting recording services furnished congressmen nonelection years see appendix opinion infra although troubled considerable advantages exemption appears give incumbents agree appeals absence record evidence misuse undue discriminatory impact provision represents reasonable accommodation legitimate necessary efforts legislators communicate constituents activities designed win elections legislators role politicians accordingly respond certified questions follows particular requirements challenged statutes persons disclose amounts contribute expend connection elections federal office candidates office disclose amounts expend campaigns violate rights one plaintiffs first fourth ninth amendment due process clause fifth amendment supp iv violate rights provide auditing procedures federal election commission inspect lists records required kept political committees individuals contribute answer supp iv violate rights requires political committees register disclose names occupations principal places business contributors contribute excess answer supp iv violate rights neither requires disclosure treats contribution expenditure incumbent officeholders resources enumerated supp iv answer supp iv violate rights provides every person contributing expending contribution political committee candidate including volunteers incidental expenses excess must make disclosure federal election commission answer presidential election campaign fund act title iv pub stat first provision act also initiated dollar provision contained supp iv act suspended however provision barring appropriations congress adopted guidelines distribution money fund pub stat congress added subtitle internal revenue code pub stat chapter thereof provided public financing general election campaigns president legislation become effective election substantially present scheme congress later amended dollar provision deleting taxpayers option designate specific parties recipients money pub stat finally amendments added chapter provisions financing nominating conventions enacted new chapter providing matching funds campaigns presidential primaries pub stat unless otherwise indicated statutory citations part iii internal revenue code title code edition supplement iv see supra priorities established fund insufficient satisfy entitlements election year amount fund first allocated convention funding financing general election finally primary matching assistance see law specify funds allocated among recipients within categories cf independent candidates might excluded general election funding chapter see serious questions might arise constitutionality excluding free annual assistance candidates affiliated political party solely lack affiliation storer brown occasion address question case possibility construing chapter affording financial assistance independent candidates remarked appeals app announced independent candidate president former senator mccarthy publicly announced refuse public assistance moreover affiliated committee constitutional presidency mccarthy open question whether qualify political party subtitle party case challenged constitutionality expenditure limit amount expenditure limit provided supp iv appeals viewed provisions complementary stratagems app since today hold unconstitutional question severability general election funding constituted arises hold provisions severable reasons stated part infra separate pledge required candidate party party organization authorized committee agent expenditures party may attributed candidate supp iv see chapter constitutional question may arise exclusion independent candidates assistance funds defray expenses getting state ballots petition drives need addressed case see supra general election funding limit candidate expenditure limit supp iv see supra part infra scheme involves compulsion upon individuals finance dissemination ideas disagree lathrop donohue black dissenting douglas dissenting machinists street douglas concurring black dissenting simply means congress determines amount appropriation proposals public financing give taxpayers opportunity designate candidate party receive dollar initially offered choice see supra voucher system proposed senator metcalf amicus curiae also allows taxpayers option congress need provide mechanism allowing taxpayers designate means particular tax dollars spent see supra insofar proposals offered less restrictive means congress legitimate reasons rejecting designation option criticized privacy grounds cong rec also identity candidates known april filing day annual individual joint tax returns senator metcalf proposal also criticized possibly leading black markets coercion obtain vouchers administratively impractical appellants voice concern public funding lead governmental control internal affairs political parties thus significant loss political freedom concern necessarily wholly speculative hardly basis invalidation public financing scheme face congress expressed determination avoid possibility pp historical bases religion speech clauses markedly different intolerable persecutions throughout history led framers firm determination religious worship method belief must strictly protected government intervention another purpose establishment clause rested upon awareness historical fact governmentally established religions religious persecutions go hand hand engel vitale omitted see everson board education central purpose speech press clauses assure society uninhibited robust public debate concerning matters public interest thrive society healthy representative democracy flourish new york times sullivan legislation enhance first amendment values rule exception statute books replete laws providing financial assistance exercise free speech aid public broadcasting forms educational media preferential postal rates antitrust exemptions newspapers cfr appellants maintain denial funding severe restriction denial access ballot candidates win elections candidates without funds new parties unfinanced however unable get private financial support presumably reflects general lack public support party public financing candidates make private fundraising others difficult indeed elimination private contributions presidential candidates might make private money available minority candidates appellants dispute relevance answer argument ground able raise money equal spending practical matter however subtitle enhance major parties ability campaign substitutes public funding parties raise privately additionally imposes expenditure limit party raise funds privately legitimate reasons provide public funding effectively facilitate hopeless candidacies prior decision dealing system public financing american party texas white also recognized provisions less restrictive regulation ballot access texas required major parties called political parties nominate candidates primaries state reimbursed parties expenses incurred holding primaries texas subsidize parties expenses involved qualifying ballot denial claimed denial equal protection laws said unconvinced financing law exclusionary mechanism tends deny voters opportunity vote candidate choosing real appreciable impact exercise franchise quoting bullock carter aid american party provided parties candidates subtitle funding immaterial allegations invidious discrimination based claim subtitle facially invalid since public financing provisions never operation appellants unable offer factual proof scheme discriminatory effect rejecting appellants arguments course rule possibility concluding future case upon appropriate factual demonstration public financing system invidiously discriminates nonmajor parties theodore roosevelt ran candidate progressive party split republican party received votes william taft republican candidate threat progressive came back republican party party nominated charles evans hughes candidate presidency exception candidates outpolled others every presidential election since appellants suggest less discriminatory formula grant full funding candidate party getting votes last election give money candidates parties based showing last election relative leading party formula however might unfairly favor incumbents since challengers receive less financial assistance see appellants argue effort catch hindered contribution limits supp iv therefore public financing provisions unconstitutional whatever merit point may questionable basis record answered treatment contribution limits see part supra however candidates presidential election since candidate major parties received popular vote another suggested alternative senator metcalf voucher scheme previously mentioned problems presented device see supra suggests matching formula used general election funding funding primary campaigns order relate current funding current support closely congress readily concluded however matching formula inappropriate general election problems determining relative strength candidates primaries stage campaign far greater candidate obtained nomination major party see might eminently reasonable therefore employ matching formula primary elections related popular support evidenced numerous smaller contributions yet inappropriate general election financing inconsistent congressional effort remove influence private contributions relieve candidates burden fundraising ibid williams rhodes sweezy new hampshire plurality opinion cf talley california apart adjustment inflation assuming entitlement candidate getting popular vote balance divided two major parties entitled payment sum remains priority allocations fund also argued storer brown better analogy jenness storer candidate qualify ballot obtaining signatures voters signatures include voters voted another candidate primary election analogy however better jenness chapter formula restrictive sustained two cases since reasons stated earlier supra burdens minority interests less regulations similar grounds sustain requirement success presidential elections depends winning electoral votes solely popular votes requirement plainly unreasonable light fact primary campaigns congress reasonably determine need reforms conventions see infra contribution limit applies contributions candidate supp iv thus govern gifts party general purposes convention funding although contributions named candidate made political committee within committee authorized writing candidate accept contributions contributions party benefit specific candidate apparently subject ceiling moreover governs party organizations authorized candidate writing accept contributions respect denial funds candidates may affiliated political party purposes public financing see supra appellants argue reasoning katzenbach morgan inapplicable case involving first amendment guarantees argument denial funds certain candidates primarily claims invidious discrimination hence presents fifth amendment questions though first amendment overtones katzenbach morgan appellants contend requirement directly conflicts moore ogilvie case distinguishable illinois voters blocked candidate qualifying ballot even though statewide elections decided straight majority vote clear purpose keep person nominated without support downstate counties making vote voters come close defeating candidate general election similar restriction opportunity vote candidate requirement unreasonable method measuring candidate breadth support see supra fear barriers reduced much one reason rejecting matching formula general election financing system see supra offering single hypothetical situation appellants try prove matching formula gives wealthy contributors advantage taxpayers entitled deduction ordinary income political contributions joint return appellants note married couple tax bracket give candidate claim full deduction allowed thus reducing tax liability matching funds increase effective contribution total cost contributors appellants disregarded myriad possibilities example taxpayers also option claiming tax credit joint return political contributions married couple give candidate claim full credit matching thus allows contribution cost contributors example others involve greater subsidization smaller contributions involved appellants hypothesis one say matching formula unfairly favors wealthy interests large contributors moreover effect noted appellants diminishes size individual contributions approaches finally examples clearly reveal afford public subsidies candidates appellants raised constitutional challenge provisions either first fifth amendment grounds responses certified constitutional questions pertaining public financing presidential election campaigns statutory provision public financing political conventions campaigns nomination election presidency vice presidency violate rights one plaintiffs first ninth amendment due process clause fifth amendment article section clause constitution answer particular provisions subtitle internal revenue code deprive one plaintiffs rights first ninth amendment article section clause provide federal tax money support certain political candidates parties movements organizations manner provide federal tax money answer unless otherwise indicated statutory citations part iv title code edition supplement iv relevant provisions set forth appendix opinion infra administering chapters title provide funding presidential election primary campaigns respectively commission empowered inter alia prescribe rules regulations deems necessary carry functions duties imposed chapter supp iv see also supp iv sections title incorporated reference several provisions relating commission powers either enacted amended act amendments codified supp iv hereinafter referred title sections section also provides somewhat redundantly commission shall administer seek obtain compliance formulate policy respect act title sections commission charged duty act receive pass upon requests eligible candidates campaign money certify secretary treasury latter disbursement fund see supp iv conclusion seems follow manner subsections interrelate person may file clerk house secretary senate shall refer believed apparent civil criminal violations commission upon receipt complaint referral case may commission directed notify person involved report violation attorney general make investigation commission shall conduct hearing person request investigation commission determines reason believe violation act civil violation occurred occur may endeavor correct violation informal methods failing commission may institute civil action relief finally paragraph provides follows commission shall refer apparent violations appropriate law enforcement authorities extent violations provisions chapter title involved commission unable correct apparent violations act authority given paragraph commission determines referral appropriate emphasis added clear commission duty refer apparent criminal violations either upon initial receipt investigation appear least commission primary jurisdiction respect civil enforcement sole discretionary power determine whether civil violation occurred occur consequently whether informal judicial remedies pursued finding subject judicial review administrative procedure act et seq set forth appendix opinion infra appeals following sequence certified questions adopted piecemeal approach six questions reproduced concerning method appointment powers commission basic holding answer question congress constitutional authority establish appoint commission carry appropriate legislative functions app appellants claim embodied questions commission powers go well beyond legislative functions facially invalid overarching sense ripe since hether particular powers predominantly executive judicial insufficiently related exercise appropriate legislative power abstract question better decided context particular factual controversy statutory grants civil enforcement candidate disqualification powers questions raised view serious constitutional questions power commission issue advisory opinions ripe context attack congress method appointment even beyond commission power inform public interpretations question whether congress validly give substantive effect commission opinions later civil criminal enforcement proceedings appeals held await case defense based asserted finally question commission power supp iv authorize nominating convention expenditures excess statutory limits question found ripe appellants challenged relation method appointment asserted supp iv vested excessive discretion commission appeals found congress provided sufficient guidelines withstand attack appeals accordingly answered six certified questions follows provisions challenged statutes concerning powers method appointment federal election commission violate rights one plaintiffs constitutional separation powers first fourth fifth sixth ninth amendment article section clause article section clause article iii violate rights method appointment federal election commission answer violate rights entrust administration enforcement feca federal election commission answer power issue advisory opinions unripe else violate rights empowers federal election commission attorney general bring civil actions including proceedings injunctions person engaged may engage acts practices violate federal election campaign act amended title answer unripe resolution violate rights empowers federal election commission make rules feca manner specified therein answer unripe resolution violate rights imposes temporary disqualification candidate election federal office found federal election commission failed file report required title iii federal election campaign act amended answer unripe resolution internal revenue code violate rights empowers federal election commission authorize expenditures national committee party respect presidential nominating conventions excess limits enumerated therein answer respect commission power supp iv authorize excessive convention expenditures question fact appellants appeals may focused attack primarily even exclusively upon asserted lack standards attendant power see supra foreclose challenging power relation congress method appointment commission members question asks whether vesting commission power supp iv violates rights reference question includes rights appellants constitutional separation powers since certified questions provide jurisdictional framework aspect appellants attack supp iv properly federalist putnam sons ed emphasis original federalist pp putnam sons ed officers include employees claim made commissioners employees rather officers employees lesser functionaries subordinate officers see auffmordt hedden germaine whereas commissioners appointed statutory term subject control direction executive judicial legislative authority rule ii rules house representatives earliest form adopted provides election house commencement congress clerk sergeant arms doorkeeper postmaster chaplain turn given appointment power employees department jefferson manual rules house representatives apparently equivalent rule senate side one first orders business first session senate april elect secretary doorkeeper senate journal congress appellee commission relied analogous support existence comptroller general legislative officer significant duties act stat irrespective congress designation cf comptroller general appointed president conformity appointments clause farrand records federal convention pp federalist pp putnam sons ed madison federalist pp putnam sons ed hamilton see generally watson congress steps look congressional control executive rev madison notes debates federal convention ohio univ press ed emphasis added mason opposition read motion desired might considered money belong people legislature representing people appoint keepers ibid times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators since future legislation may enacted response today decision congress might choose confer one powers discussion properly appointed agency assumption arguendo considerations ripeness prevent us deciding example whether agency disqualify candidate federal election consistently art cl respect powers discussed infra page need pass upon nature relation appointments clause upon validity vel non rule regulation promulgated commission may go effect must transmitted either senate house representatives together detailed explanation justification rule regulation house congress rule required transmitted disapproves proposed regulation within specified period time may promulgated commission appellants make separate attack qualification commission rulemaking authority recent episode long tug war executive legislative branches federal government respecting permissible extent legislative involvement rulemaking statutes already enacted history episodes described ginnane control federal administration congressional resolutions committees harv rev newman keaton congress faithful execution laws legislators supervise administrators rev watson supra holding manner appointment members commission precludes exercising rulemaking powers question occasion address separate challenge appellants subsidiary questions certified district relating composition federal election commission together answers thereto follows question supp iv violate rights one plaintiffs constitutional separation powers first fourth fifth sixth ninth amendment art cl art cl art iii method appointment federal election commission respect powers referred questions method appointment violates art ii cl constitution question supp iv violate rights entrust administration enforcement feca federal election commission question supp iv violate rights empowers federal election commission attorney general bring civil action including proceedings injunctions person engaged may engage acts practices violate federal election campaign act amended title supp iv question supp iv violate rights empowers federal election commission make rules feca manner specified therein question supp iv violate rights imposes temporary disqualification candidate election federal office found federal election commission failed file report required title iii federal election campaign act amended question internal revenue code violate rights empowers federal election commission authorize expenditures national committee party respect presidential nominating conventions excess limits enumerated therein federal election commission presently constituted may art ii cl constitution exercise powers referred questions set forth specific answers certified questions question dealing alleged vagueness several provisions app appendix resolved opinion extent urged parties need respond questions appendix resolve issues presented based upon federal election campaign laws compiled senate library subcommittee privileges elections senate committee rules administration original chief justice burger concurring part dissenting part reasons set forth fully later dissent parts holding sustaining statutory provisions disclosure small contributions limitations contributions public financing presidential campaigns view act disclosure scheme impermissibly broad violative first amendment relates reporting contributions excess contribution limitations infringe first amendment liberties suffer infirmities correctly sees expenditure ceilings system public financing presidential campaigns judgment impermissible intrusion government traditionally private political process broadly result violence intent congress comprehensive scheme campaign finance dissecting act bit bit casting vital parts fails recognize whole act greater sum parts congress intended regulate aspects federal campaign finances remains today holding leaves shadow congress contemplated question whether residue leaves workable program disclosure provisions disclosure however subject first amendment limitations defined looking relevant public interests legitimate public interest elimination appearance reality corrupting influences serious dangers processes government justify disclosure contributions dimensions reasonably thought likely purchase special favors fears root prior decisions upholding disclosure requirements therefore disagreement example burroughs theory however goes beyond permissible limits view disclosure serves broad informational purposes enabling public fully informed matters acute public interest forced disclosure one aspect citizen political activity analysis serves public right know approach plausible justification otherwise irrationally low ceilings anonymous contributions burdens low ceilings seem obvious try question commendable candor acknowledges undoubtedly true public disclosure contributions candidates political parties deter individuals otherwise might contribute ante disclosure provisions really fact made difficult challengers challenge incumbents cong rec remarks long public right know absolute exercise reveals private political convictions secrecy like privacy per se criminal contrary secrecy privacy political preferences convictions fundamental free society example one great political reforms advent secret ballot universal practice similarly enlightened labor legislation time enshrined secrecy choice bargaining representative workers contexts seen governmental power used force citizen disclose private affiliations naacp button even without record reflecting systematic harassment retaliation shelton tucker far late day recognize public interest breach historic safeguards guaranteed first amendment seem agree whatever legitimate public interest area proper analysis requires us scrutinize precise means employed implement interest balancing test used requires fair recognition given competing interests respect suggest failed give traditional standing first amendment values stake specifically failed confine particular exercise governmental power within limits reasonably required every case power regulate must exercised attaining permissible end unduly infringe protected freedom cantwell connecticut unduly must mean necessary today recognized criterion first amendment cases area first amendment freedoms government duty confine least intrusive regulations adequate purpose lamont postmaster general brennan concurring emphasis added ven though governmental purpose legitimate substantial purpose pursued means broadly stifle fundamental personal liberties end narrowly achieved breadth legislative abridgment must viewed light less drastic means achieving basic purpose shelton tucker supra saying lines drawn congress wholly without rationality plainly fails apply traditional test precision regulation must touchstone area closely touching precious freedoms naacp button finally legitimate public interest shown forcing disclosure modest contributions prime support new unpopular unfashionable political causes realistic possibility modest donations corrupting influence especially parties enjoy minor status major parties notice minor parties need furthermore candidly recognizes ante minor parties new parties tend sharply ideological character public readily discern parties stand without resorting indirect device recording names financial supporters hold privacy must sometimes yield congressional investigations alleged subversion quite different making domestic political partisans give privacy cf eastland servicemen fund event dangers first amendment rights great flushing names supporters minority parties plainly deterrent effect potential contributors consequence readily admitted ante supported record therefore hold unconstitutional provisions requiring reporting contributions make public record name address occupation contributor contribution expenditure limits limiting campaign contributions act restricts amount money spent political activity directly appellees argue notes limits act brake skyrocketing cost political campaigns ante treating campaign expenditure limitations says first amendment denies government power determine spending promote one political views wasteful excessive unwise ante limiting contributions practical matter limit expenditures put effective ceiling amount political activity debate government permit take place argument ceiling low matters stand gives little comfort future since elsewhere notes rapid inflation cost political campaigning ante attempts separate two communicative aspects political contributions moral support gift conveys suggests whether gift fact money translates communication dismisses effect limitations second aspect contributions transformation contributions political debate involves speech someone contributor ante premise contribution limitations restrict speech someone contributor rests justification treating contributions differently expenditures premise demonstrably flawed contribution limitations specific instances limit exactly political activity expenditure ceilings limit least one expenditure limitations finds objectionable operates precisely like contribution limitations attempt distinguish communication inherent political contributions speech aspects political expenditures simply little engage word games unless recognize people candidates contributors spend money political activity wish communicate ideas constitutional interest precisely whether someone else utters words attempts make act seem less restrictive casting problem one goes freedom association rather freedom speech long thought freedom association freedom expression two peas pod contribution limitations act impose restriction certain forms associational activity part recognizes ante harmless fact restrictions hardly incidental effect upon particular campaigns judges gauge precise impact legislation law impinges upon first amendment rights requires us make attempt simply speculation think limitations contributions foreclose candidacies limitations also alter nature electoral contests drastically rate contribution limits far severe restriction first amendment activity sort chilling legislation shown extraordinary concern past see cohen california see also cases reviewed miller california redrup new york memoirs massachusetts restraints justified must justified strongest state interests much clearly agrees even goes far note legislation cutting important interests must employ means closely drawn avoid unnecessary abridgment associational freedoms ante bow weighty interests congress meant serve forsakes analysis one sentence congress surely entitled conclude disclosure partial measure contribution ceilings necessary legislative concomitant deal reality appearance corruption ante striking limitations campaign expenditures relies part conclusion means namely disclosure contribution ceilings adequately serve statute aim clear analysis also appropriate weighing need contribution ceilings addition disclosure requirements congress may well entitled conclude disclosure partial measure thought today congress enact conclusions first amendment area laws immune searching review finally seems clear approving limitations contributions must rest upon proposition pooling money fundamentally different forms associational joint activity see ante see two possible ways money differs volunteer work endorsements like money used buy favors unscrupulous politician put personal use second giving money less visible form associational activity respect first problem act attempt bribery laws combat sort corruption fact act reach certainly contribution limits reach forms association fully corrupt contribution intended quid pro quo endorsement former rival obtained promise federal appointment underinclusiveness constitutional flaw demonstrates contribution limits clearly focus first distinction extent congress thought second problem lesser visibility contributions required money treated differently forms associational activity disclosure laws simple wholly efficacious answer make invisible apparent public financing since turn century idea government subsidies political campaigns first broached lack realization use funds public treasury subsidize political activity private individuals produce substantial profound questions nature democratic society majority leader senate although supporting legislation said implications questions go heart structure government republic solicitor general amicus curiae brief issues involved indisputable moment goes express view public financing profound effects way candidates approach issues public financing notes affects role party campaigns office changes role incumbent government parties affects relative strengths strategies candidates party leaders chooses treat novel public financing political activity simply another congressional appropriation whose validity necessary proper congress power regulate reform elections primaries relying classic burroughs holding directly point federal scheme allocating public funds comparable manner ever us uniqueness plan relevant course whether congress power enact indeed question power congress regulate elections challenge broad proposition general welfare clause grant limitation power maryland wheat butler however fault adequately analyzing meeting head issue whether public financial assistance private political activity individual citizens parties legitimate expenditure public funds public monies issue employed simply police integrity electoral process provide forum use participants political dialogue example case free broadcast time granted rather confronted government actual financing general revenues segment political debate senator howard baker remarked debate legislation think something politically incestuous government financing believe inevitably regulating procedures government selected think extraordinarily important government control machinery public expresses range desires demands dissent cong rec recent history shows dangerous examples systems close incestuous relationship government politics opinion simply dismisses possible dangers noting subtitle congressional effort abridge restrict censor speech rather use public money facilitate enlarge public discussion participation electoral process goals vital people ante assuming arguendo congress validly appropriate public money subsidize private political activity gone task subtitle manner view free constitutional infirmity question congress wide discretion manner prescribing details expenditures contexts cincinnati soap however congress appropriated specific sum attain ends act delegated limited group citizens file tax returns power allocate general revenue act purposes course small percentage limited group exercised power nothing assure fund actually adequate act objectives thus find difficult see rational basis concluding scheme fact attain stated purposes act funding scheme affords real idea amount available funding agree justice rehnquist scheme approved today invidiously discriminates minor parties assuming arguendo constitutionality overall scheme legitimate governmental interest requiring group make preliminary showing significant modicum support jenness fortson present system preclude severely hamper access funds given election group individual might time election reflect views major segment even majority electorate fact drastic realignments basic structure years constitutional justification freezing status quo present major parties expense future political movements cf discussion ante minority party achieves majority status congress readily deal problems arise short see grave risks legislation enacted incumbents major political parties distinctly disadvantages minor parties independent candidates today particularly cautious dealing enactments tend perpetuate control legislative power see reynolds sims also find unconstitutional system matching grants makes candidate ability amass private funds sole criterion eligibility public funds arrangement put serious disadvantage candidate potentially large widely diffused poor constituency ability candidate supporters help pay campaign equated willingness cast ballot see lubin panish bullock carter join attempt determine parts act survive review statute stands unworkable inequitable agree holding act restrictions expenditures made relative clearly identified candidate independent candidate committee unconstitutional ante paradoxically upholds limitations individual contributions embrace precisely sort expenditures relative clearly identified candidate expenditures authorized requested candidate agents ante act cut back thus places intolerable pressure distinction authorized unauthorized expenditures behalf candidate even sanguine hopes act might well concede distinction maintained senate report bill said whether campaigns funded privately publicly controls imperative congress enact meaningful limits direct contributions otherwise wealthy individuals limited direct contribution bill finally enacted also purchase one hundred thousand dollars worth advertisements favored candidate loophole render direct contribution limits virtually meaningless moreover act much leaves standing creates significant inequities candidate substantial personal resources given clear advantage less affluent opponents constrained law fundraising holds first amendment tolerate restrictions spending ante minority parties whose situation difficult enough act excludes public funding prevented accepting large contributions time sustains provision aimed broadening base political support requiring candidates seek greater number small contributors sustains unrealistic disclosure thresholds believe deter small contributions minor parties must compete votes two major parties whose expenditures vast finally act distinction contributions money contributions services remains former subject limits judge tamm put dissent appeals opinion classification created regulates certain types disproportional influences section services excluded contributions allows housewife volunteer time might cost well hire open market limiting neighbor works regulated contribution enhances disproportional influence groups command large quantities volunteer services continue magnify inequity allowing inflation adjustment contribution limit leads absurd result lawyer contribution services aid candidate complying feca exempt first amendment activity regulated falls ill hires replacement app piecemeal approach fails give adequate consideration integrated nature legislation serious question raised consider central segments key operative provisions act stricken remains function anything like way congress intended incongruities obvious commission eliminated yet purpose guide candidates campaign workers accountants lawyers intricate statutory maze misstep lead imprisonment candidates spend freely affluent candidates today spend money without limit yet contributions ordinary candidate severely restricted amount small contributors deterred believe congress enacted statutory scheme containing incongruous inequitable provisions although statute contains severability clause supp iv clause inexorable command dorchy kansas clause creates rebuttable presumption eliminating invalid parts legislature satisfied remained welsh harlan concurring quoting champlin rfg commission presumption constitutionality statute overcome point major proportions chapters act declared unconstitutional presumption severability rebutted invoke severability clause salvage parts comprehensive integrated statutory scheme parts standing alone unworkable many aspects unfair exalts formula expense broad objectives congress finally agree members federal election commission unconstitutionally appointed however disagree give blanket de facto validation actions commission undertaken today issue us know acts ratifying leave issue district resolve challenges brought past two decades frequently spoken broad coverage first amendment especially area political dialogue assure unfettered interchange ideas bringing political social changes desired people roth practically universal agreement major purpose first amendment protect free discussion governmental affairs including discussions candidates mills alabama hardly doubted constitutional guarantee first amendment fullest urgent application precisely conduct campaigns political office monitor patriot roy particular verbalization varied case case first amendment analysis defies capture single easy phrase basic point inquiry however expressed determine whether government sought achieve admittedly important goals means demonstrably curtail liberties unnecessary extent legislation required disclosure names recipients expenditures excess ironically seems recognize principle dealing limitations contributions ante record show systematic harassment sort involved naacp alabama uncontradicted evidence adduced respect actual experiences minor parties indicating sensitivity part potential contributors prospect disclosure see district findings fact affidavits wertheimer reed app evidence suffices governmental interest putting spotlight sources support minor parties splinter groups tenuous notes funds raised congressional candidates came contributions less ante suggests effect contribution limitations minimal logic ignores disproportionate influence large contributions may made early campaign seed money essential inability obtain may effectively end candidacies begin appellants excerpted record data nine campaigns large initial contributions critical brief appellants campaigns much harder perhaps impossible mount act whatever effect limitation clearly arbitrary congress imposed ceiling contributions new york california senatorial campaign put house races alaska wyoming strength support conveyed gift gift potential corruptly influencing recipient vary enormously place place seven senators spent successful election campaigns great many congressional candidates spent less cong quarterly contribution ceiling seem apply campaigns congress accounted tremendous variations geared expenditure limits voting population imposed flat ceiling contributions without focusing actual evil attacked actual harm restrictions work suppose example candidate committee authorizes celebrity elder statesman make radio television address candidate behalf speaker plans pay recognizes ante act defines activity contribution subjects limit individual contributions limit contributions political committees effectively preventing speech substantial radio television station whether speech considered impermissible contribution allowable expenditure turns whether speech someone contributor involved whether speech authorized contribution limitations directly restrict speech contributor course restraint avoided speaker makes address without consulting candidate agents elsewhere suggest distinction independent authorized political activity unrealistic simply maintained present purposes wish emphasize act directly restricts contribution clearly speech contributor treats act provisions limiting candidate spending personal resources expenditure limits indeed act characterizes holds unconstitutional justice marshall points post logic provisions easily treated limits contributions since limit candidate give campaign candidates must raise large initial contributions order appeal funds broader audience handicapped see supra enough say contribution ceilings merely require candidates raise funds greater number persons ante limitations effectively prevent candidates without substantial personal resources holding candidates personal fortunes free contribute campaigns much like since chooses view act provisions regard unconstitutional expenditure limitations rather contribution limitations see supra cong rec brief appellee attorney general amicus curiae considerations never influenced evaluation risks restraints expression opinion demonstrates one intrusion finds act expenditure limitations unconstitutionally inhibit candidate party first amendment rights imposes invoking severability clause subtitle limitations qualifying public funds see supp iv cf terry adams smith allwright see generally remarks senator gore cong rec problem considered limited context subtitle section provides provision invalid entire act deemed invalid provision provisions held invalid today section probably even reach extensive invalidation justice white concurring part dissenting part concur answers certified questions dissent answers certified questions also join part iii opinion much parts ii iv accepted congress power constitution regulate election federal officers including president vice president includes authority protect elective processes two great natural historical enemies republics open violence insidious corruption ex parte yarbrough government anything mere aggregation delegated agents governments superior general government must power protect elections existence depends violence corruption latter consequence free use money elections arising vast growth recent wealth teaching last century quoted length reinforced burroughs case sustained federal corrupt practices act title iii act stat among things required political committees keep records file reports concerning contributions expenditures received made political committees purposes influencing election candidates federal office noted conclusion congress public disclosure contributions tend prevent corrupt use money influence elections together requirement treasurer statement shall include full particulars respect expenditures made plain statute whole calculated discourage making use contributions purposes corruption congress clearly power fundamental goal power congress protect election president vice president corruption clear choice means end presents question primarily addressed judgment congress seen means adopted really calculated attain end degree necessity extent conduce end closeness relationship means adopted end attained matters congressional determination alone disclosure requirements limitations contributions expenditures challenged invalid abridgments right free speech protected first amendment reject challenges agree conclusion much opinion respect sustaining disclosure provisions also agreement judgment upholding limitations contributions dissent however view expenditure limitations supp iv violate first amendment concededly neither limitations contributions expenditures directly indirectly purport control content political speech candidates supporters detractors act regulates giving spending money acts first amendment significance communicative respect qualifications candidate money may used defray expenses speaking otherwise communicating merits demerits federal candidates election act giving money political candidates however may illegal undesirable consequences may used secure express tacit understanding giver enjoy political favor candidate elected congress cases recognized mortal danger effective preventive curative steps must taken since contribution expenditure limitations neutral content speech motivated fear consequences political speech particular candidates political speech general case depends whether nonspeech interests federal government regulating use money political campaigns sufficiently urgent justify incidental effects limitations visit upon first amendment interests candidates supporters despite seeming struggle standard judge case essentially question asks answers affirmative respect limitations contributions individuals political committees permitted make federal candidates interest preventing undue influence large contributors public might think upholds provision individual may give candidate spend behalf requested authorized candidate one election limitation valid although imposes low ceiling individuals may deem effective means supporting speaking behalf candidate financial support given directly candidate thus accepts congressional judgment evils unlimited contributions sufficiently threatening warrant restriction regardless impact limits contributor opportunity effective speech turn total volume candidate political communications reason inability accept large sums willing give congressional judgment also accept steps must taken counter corrosive effects money federal election campaigns one steps aside funds given candidate spent request approval cooperation limits contributor may independently spend support denigration one running federal office congress plainly view expenditures also corruptive potential strikes provision strangely enough claiming insight may improperly influence candidates possessed majority congress passed bill president signed supporting bill undeniably included many seasoned professionals deeply involved elective processes viewed close range many years make little sense apparently made none congress limit amounts individual may give candidate spend approval fail limit amounts spent behalf yet permits former striking latter limitation may given candidate spent request approval cooperation otherwise apparently contributor constitutionally protected spending unlimited amounts money support chosen candidate candidates let us suppose two brothers spends million tv spot announcements individually prepared appears urging election named candidate identical words one brother sought obtained approval candidate former may validly prosecuted view latter may even though candidate scarcely help knowing appreciating expensive favor constitutional purposes difficult see difference two situations take word know limiting independent expenditures essential prevent transparent widespread evasion contribution limits sustaining contribution limits recognizes importance avoiding public misapprehension candidate reliance large contributions ignores consideration invalidating like fashion says congress entitled determine criminal provisions bribery corruption together disclosure provisions adequate combat evil limits contributions provided rejects identical kind judgment made congress need utility expenditure limits also rejects congress judgment manifested federal interest limiting total campaign expenditures individual candidates justifies incidental effect opportunity effective political speech disagree assessment impact speech narrow view values limitations serve proceeding maxim money talks finds expenditure limitations seriously curtail political expression candidates interfere substantially chances election concludes constitution denies congress power limit campaign expenses federal candidates suppose state candidates constitutional right raise spend unlimited amounts money quest election initial matter argument money speech limiting flow money speaker violates first amendment proves entirely much compulsory bargaining right strike provided protected federal law inevitably increased labor costs publish newspapers turn important factor recent disappearance many daily papers federal state taxation directly removes company coffers large amounts money might spent larger better newspapers antitrust laws aimed preventing monopoly profits price fixing gouge consumer also true general price controls time time existed applied newspapers media suggested successfully laws many others invalid siphon prevent accumulation large sums otherwise available communicative activities event unnecessary point money always equivalent used speech even context political campaigns accept reality communicating potential voters heart election campaign widespread communication become expensive however many expensive campaign activities communicative remotely related speech furthermore campaigns differ among seem spend much less money others yet communicate much supported enormous bureaucracies unlimited financing record us supports conclusion communicative efforts congressional presidential candidates crippled expenditure limitations supports contrary judgment congress reasonably effective campaigns conducted within limits established act communicative efforts campaigns seriously suffer posture case sound basis invalidating expenditure limitations long purposes serve legitimate sufficiently substantial view first place expenditure ceilings reinforce contribution limits help eradicate hazard corruption upholds overall limit individual political contributions single election year ground helps reinforce limits gifts single candidate token expenditure limit imposed candidates plays role lessening chance contribution ceiling violated without limits total expenditures campaign costs inevitably endlessly escalate pressure raise funds constantly build temptation resort emergencies sources large sums history shows sufficiently confident caught risk flouting contribution limits congress save candidate predicament establishing reasonable ceiling candidates major consideration favor limitation added many successful candidates also saved large overhanging campaign debts must paid money raised holding public office time already preparing thinking next campaign danger public interest situations besides backing contribution provisions aimed preventing untoward influence candidates elected expenditure limits potential preventing corruption federal elections many years law required disclosure expenditures well contributions burroughs indicates corrupt use money candidates much feared corrosive influence large contributions many illegal ways spending money influence elections one blind history deny unlimited money tempts people spend whatever money buy influence election assumption financing illegal activities low campaign organization priority list expenditure limits play substantial role preventing unethical practices enough kind money go around little doubt addition limiting total spent ease candidate understandable obsession fundraising free staff communicate places ways unconnected fundraising function nothing objectionable indeed seems weighty interest favor provision attempt insulate political expression federal candidates influence inevitably exerted endless job raising increasingly large sums money regret returned treadmill also important restore maintain public confidence federal elections critical obviate dispel impression federal elections purely simply function money federal offices bought sold political races reserved facility stomach whatever takes bring together interests groups individuals raise contribute large fortunes order prevail polls ceiling candidate expenditures represents considered judgment congress elections decided among candidates none overpowering advantage reason huge campaign war chest least long ceiling placed upon candidates plainly low elections turn difference amounts money candidates spend seems acceptable purpose means chosen commonsense way achieve nevertheless holds candidate constitutional right spend unlimited amounts money mostly people order elected holding perhaps federal candidates constitutional right purchase election many interpret conclusion case join respect also disagree judgment limits amount money candidate family may spend campaign violates constitution although true provision promote interest preventing corruption candidates provision nevertheless serve salutary purposes related integrity federal campaigns limiting importance personal wealth helps assure individuals modicum support others viable candidates turn tend discourage notion outcome elections primarily function money similarly tends equalize access political arena encouraging less wealthy unable bankroll campaigns run political office campaign expenditure limits congress entitled determine personal wealth play less important role political campaigns past nothing first amendment stands way determination reasons respectfully dissent answers certified questions ii join answers part iv opinion ante questions certified district relating composition powers fec questions qualifications stated infra also agree much part opinion including conclusions questions properly us ripe decision fec past acts de facto valid judgment stayed fec may function de facto stay effect answers questions turn whether fec illegally constituted members selected manner required art ii cl appointments clause view one exception congress endow properly constituted commission powers duties given fec section creates fec two members secretary senate clerk house representatives ex officio members without right vote hold fec office remaining six two appointed president pro tempore senate upon recommendation majority minority leaders body two similarly appointed speaker house two appointed president appointment six members subject confirmation majority houses congress member appointed term years none elected appointed officer employee branch government time appointment fec empowered elect officers appoint staff director general counsel decisions majority vote apparent none members fec selected manner art ii specifies appointment officers appointments clause provides president shall nominate advice consent senate shall appoint ambassadors public ministers consuls judges officers whose appointments herein otherwise provided shall established law congress may law vest appointment inferior officers think proper president alone courts law heads departments appointments clause applies officers whose appointment otherwise provided constitution senators congressmen officers constitution expressly provides mode selection constitution also expressly provides house congress appoint officers contended fec members officers either house selected pursuant express provisions reason perhaps none commissioners selected manner specified provisions none finally selected either house acting alone art authorizes appointment power provided art ii also applies officers distinguished employees claim commissioners employees rather officers commissioners among officers referred appointments clause art ii evident breadth assigned duties nature importance assigned functions functions duties fec relate three different aspects election laws first provisions criminal code supp iv establish major substantive limitations political contributions expenditures individuals political organizations candidates second reporting disclosure provisions contained supp iv sections requiring filing detailed reports political contributions expenditures third provisions supp iv respect public financing presidential primary general election campaigns representative examples fec various powers describes ante plain fec primary agency enforcement administration major parts election laws replace control executive agencies respect criminal prosecutions within wide zone authority fec independent executive well congressional control except insofar certain regulations must laid disapproved congress supp iv duties functions members fec plainly officers term used art ii cl thus surprising fec defending legality members appointments deny officers term used appointments clause art ii instead reasons outlines ante position appears even members officers congress may nevertheless appoint majority fec without participation president position congress may appoint members body administer statute withstand examination light either purpose history appointments clause prior cases language appointments clause mere inadvertence matter appointment officers new federal government repeatedly debated framers final formulation clause arrived careful debate consideration place overall design government appointment power major building block fitted constitutional structure designed avoid accumulation exercise arbitrary power federal government basic approach official power divided among executive legislative judicial departments principle implemented series provisions among knowing decision congress power whatsoever appoint federal officers except power house appoint officers serving strictly legislative processes confirming power senate alone decision give president exclusive power initiate appointments thoughtful deliberate framers attempting structure three departments government affirmative powers strong enough resist encroachment others fundamental tenet persons legislate administer laws outset provision made prohibit members congress holding office another branch government also serving congress little dispute incompatibility provision survived art constitution finally ratified today person may serve congress time attorney general secretary state member judiciary attorney member federal trade commission national labor relations board early convention also proposed members congress absolutely ineligible term elected period thereafter appointment state federal office meet substantial opposition stringent provision ineligibility state office first eliminated language ultimately adopted congressmen disqualified appointed offices created emoluments increased term office offices category filled representatives senators upon resignation immediately upon settling ineligibility provision framers returned appointment power several times debated postponed later consideration outset dispute executive alone appoint merely nominate purely executive officers one stage judicial officers selected entire congress provision subsequently changed lodge power choose judges senate later also given power appoint ambassadors public ministers following resolution dispute ineligibility provision served prevent members congress appointing federal office limit appointed federal office determined appointment principal officers whether executive originate president senate power advice consent inferior officers otherwise appointed congress allocation appointment power first time executive power initiate appointment principal offices senate empowered advise consent nominations executive made possible adoption ineligibility provisions formulated part fundamental compromises respect composition senate respective roles house senate placement election president electoral college art ii finally adopted law enforcement authority lodged elected legislative officials subject political pressures neither legislative branch power appoint enforce administer law also appointment power denied congress vested president limited purely executive officers reached officers performing purely judicial functions well officers thus find singularly unpersuasive proposition fec implementing statutory policies respect conduct elections policies congress power propound members may appointed congress one might well argue exclusive plenary power congress interstate commerce authorizes congress appoint members interstate commerce commission many regulatory commissions exclusive power provide patents copyrights permit administration patent laws carried congressional committee exclusive power federal government establish post offices authorizes congress speaker house president pro tempore senate appoint postmasters enforce postal laws congress clearly power create federal offices define powers duties offices myers case even remotely supports power congress appoint officer aside officers house authorized art appoint assist legislative processes myers postmaster first class removed president prior expiration statutory term challenging president power remove contrary statute sued salary challenge rejected said constitution power appoint principal officers executive branch inherent power president reasonable implication even absence express words part executive power president select act direction execution laws never held reasonably hold although argued contrary behalf appellant excepting clause enables congress draw either branch power remove right participate exercise power go beyond words implications clause infringe constitutional principle separation governmental powers holding humphrey executor confirmed wiener question humphrey executor expressly recognized members independent agencies independent executive respect appointments either wiener humphrey executor suggest congress create independent agency specify duties control grounds removal members also appoint remove without participation executive branch government held contrary appointments clause myers case recognized said historically congress used officers receive file reports campaign expenditures contributions required law interfere practice act us creates separate independent campaign commission members nominated president specified terms office subject removal congress free congressional control functions fec true designated authority candidates political committees must file reports contributions expenditures required act fec may also make rules regulations respect disclosure requirements may investigate reported violations issue subpoenas hold hearings institute civil enforcement proceedings name absent request fec appear attorney general role civil enforcement reporting disclosure requirements fec may also issue advisory opinions respect legality particular activities protect persons good faith conducted reliance fec opinion functions go far beyond mere information gathering long history lodging enforcement powers congressional appointees fec functions stop policing reporting disclosure requirements act fec given express power administer obtain compliance formulate general policy respect much act expressly provides commission primary jurisdiction respect civil enforcement provisions following proceedings fec may request attorney general bring civil enforcement proceedings request attorney general must honor conduct taken accordance fec advisory opinions whether transaction activity violate criminal provisions shall presumed compliance sections finally fec central role administering enforcing provisions title contemplating public financing political campaigns apparent fec charged enforcement election laws major respects indeed except conduct criminal proceedings appear fec entire responsibility enforcement statutes issue stretch imagination various functions respect considered mere adjuncts legislative process powers congress judge election qualifications members suggested without accounting president role appointing members fec willing forgo civil enforcement powers absent functions left nothing purely legislative officers may difficulty statute invests fec authority duties unquestionably make members officers fully much members commissions charged major responsibility administering statutes merely forgoing authority bring suit still leave fec power issue rules regulations advisory opinion authority primary duties enforce act absent notice hearing fec request part appear executive branch government authority statute institute civil enforcement proceedings respect reporting disclosure requirements relevant provisions titles doubt development administrative agency response modern legislative administrative need placed severe strain principle pristine formulation see kilbourn thompson notion constitution bans admixture powers might deemed legislative executive judicial give way independent agency survived attacks various directions exercises invalidly delegated legislative power sunshine coal adkins invalidly exercises judicial power ibid functions executive nature members must subject presidential control humphrey executor however insisted commands appointments clause must also yield permit congressional appointments members major agency convinced create broad exception requirements clause officers appointed accordance terms provision applies officers however duties may classified even fec functions rulemaking purely legislative know authority congressional appointment agents make binding rules regulations necessary advisable administration enforcement major statute president participated either appointment administrators fashioning rules regulations propound dispute legislative power congress coercively gather make available public inspection massive amounts information relevant legislative process officers may done years receive file contribution expenditure reports candidates political committees arguably commissioners although properly appointed president least able perform function members fec appointed definite terms office removable president congress even duties severely limited appear remain art ii officers event task gathering publishing campaign finance information one specialties officers respective houses officers present law continue receive information act custodians fec least respect senate house political campaigns also instructed cooperate fec reasons join answers certified questions following reservations question question asks whether violates constitutional rights one plaintiffs empowers federal election commission make rules manner specified therein section imposes certain preconditions effectiveness rule regulation section authorize issuance rules regulations authorization found includes among duties fec task prescribing rules regulations carry provisions subchapter accordance provisions subsection subchapter referred subchapter dealing federal election campaigns reports contributions expenditures required filed fec subsection provision expressly mentioned question requires rule regulation prescribed fec shall transmitted senate house thereafter directed legislative days rule regulation become effective unless either house disapproved rule relates reports presidential candidates supporting committees house disapproved relates reports filed house candidates committees senate disapproved rule relates reports senate candidates related committees expressly referring subsection question appears focus disapproval requirement answer responsive terms rather expressly disclaims holding fec rules regulations invalid requirement subject disapproval one houses congress ante understand fec rules regulations whether issued compliance invalid members fec appointed accordance art ii extent basis answer question agreement fec members nominated president confirmed senate provided art ii nothing constitution prohibit congress empowering commission issue rules regulations without later participation consent president congress respect particular rule regulation initially adjudicate questions fact accordance proper interpretation statute sunshine coal adkins rfc bankers trust humphrey executor president must sign statute creating rulemaking authority agency must passed veto must nominated members agency accordance art ii agency regulations issued accordance statute subject veto even though may substantive character force law also view otherwise valid regulatory power properly created independent agency rendered constitutionally infirm violative president veto power statutory provision subjecting agency regulations disapproval either house congress bill become law must pass houses signed president passed veto also every order resolution vote concurrence senate house representatives may necessary likewise subject veto power fec regulations subject disapproval regulation become effective neither house need approve pass take action respect regulation becomes effective nonaction invades president powers regulation required laid congress congressional influence substantive content agency regulation may enhanced view power either house disapprove equivalent legislation order resolution vote requiring concurrence houses terms substantive content regulations degree congressional influence agency lawmaking suggest difference situation regulations subject disapproval congress situation agency need run congressional gantlet president veto power gives important role legislative process obviously considered inherently executive function principal aim provide another check poor legislation major purpose veto power appears shore executive branch provide bargaining survival power framers feared overweening power legislators hamilton said veto power provide defense legislative department intrusion rights powers departments without power legislative executive powers might speedily come blended hands much concerned congress purported usurp functions law enforcement control outcome particular adjudications president appointment power light history modern reality provision congressional disapproval agency regulations appear transgress constitutional design least president agreed legislation establishing disapproval procedure legislation passed veto considerably different congress purported adopt propound regulations action houses action either house required agency rule go effect veto power president appear implicated fec properly constituted answer questions see infra negative respect question reserve judgment validity supp iv empowers fec disqualify candidate failure file certain reports course extent invalidates expenditure limitations feca part ante fec however appointed powerless enforce provisions unless otherwise indicated statutory citations part opinion federal election campaign act stat amended federal election campaign act amendments stat et seq supp iv references commissioners fec members include two ex officio members art ii cl art seventeenth amendment house representatives shall chuse speaker officers art cl vice president shall president senate senate shall chuse officers also president pro tempore absence vice president shall exercise office president cls distinction appears ante indeed fec attacks erroneous appellants statement appeals ruled fec commissioners officers rather held grant power president appoint civil officers read preclusive congressional authority appoint officers aid discharge congressional responsibilities brief appellee federal election commission hereafter fec brief congress may appoint officers condition appointment president nominees confirmation majority houses congress explained watson congress steps look congressional control executive rev art cl provides part person holding office shall member either house continuance office farrand farrand ratified ineligibility clause provides senator representative shall time elected appointed civil office authority shall created emoluments whereof shall encreased time art cl farrand farrand farrand farrand warren making constitution section provides whenever judgment commission affording due notice opportunity hearing person engaged engage acts practices constitute constitute violation relevant provision upon request commission attorney general behalf shall institute civil action relief emphasis supplied although fec resists appellants attack position general substantive rulemaking authority regard title spending contribution limitations fec brief agrees inevitably interplay title title seeks minimize importance interplay noting definitions disclosed reported binding judicial proceedings determine whether substantive provisions act violated simply extended measure deference administrative interpretations appellants reply practical one whether fec power substantive persons violating regulations peril illustrate extent fec regulations implicate provisions title appellants point fec interim guidelines new hampshire tennessee special elections fed reg regulations rejected senate providing funds contributed expended office accounts members congress contributions expenditures subject limitations see notice proposed rulemaking unless fec regulations given weight criminal proceedings seems plain regulations fec significant role implementation enforcement criminal statutes fec fashion coercive relief example issuing orders obtain relief must apply courts attorney general preconditions imposed respect regulations issued public financing provisions election laws supp iv requirement appears exist respect fec power make policy respect enforcement criminal provisions title respect power may issue rules regulations dealing civil enforcement provisions see also section defines legislative day see also supp iv art cl surely challengers provision congressional disapproval mean suggest fec regulations must become effective despite disapproval one house disapproval nullifies suggested regulation prevents occurrence change law regulation void nothing remains veto power operate though bill passed one house failed another federalist pp wright ed justice marshall concurring part dissenting part join opinion except part deals supp iv section limits amount candidate may spend personal funds family funds control connection campaigns calendar year see ante invalidates violative candidate first amendment rights first amendment explains simply tolerate restriction upon freedom candidate speak without legislative limit behalf candidacy ante disagree sure affects candidate exercise first amendment rights unlike expenditure limitations contained act invalidated limitation independent expenditures relative clearly identified candidate limitations overall candidate expenditures limitations expenditures candidates personal resources contained need never prevent speaker spending another dollar communicate ideas section imposes overall limit amount candidate spend simply limits contribution candidate may make campaign candidate remains free raise unlimited amount contributions others long candidate contribute campaign amount specified long accept contributions others excess limitations imposed free spend without limit behalf campaign significant moreover ceilings imposed candidate expenditures personal resources substantially higher limit imposed independent expenditures noncandidates presidential vice presidential candidates may contribute money campaigns senate candidates house candidates ceilings affect candidates admittedly limit availability personal funds candidates question whether limitation justified views ancillary interest equalizing relative financial resources candidates relevant rationale deems interest insufficient justify ante view interest precisely interest promoting reality appearance equal access political arena decisions serve reminder importance general interest promoting equal access among potential candidates see lubin panish bullock carter admittedly cases dealt barriers entry different consider barriers directed formidable ones interest removing substantial one points members agree money essential effective communication political campaign appear follow candidate substantial personal fortune disposal significant headstart course less wealthy candidate potentially overcome disparity resources contributions others ability generate contributions may depend upon showing financial base campaign demonstration support turn facilitated expenditures substantial personal sums thus wealthy candidate immediate access substantial personal fortune may give initial advantage less wealthy opponent never overcome even advantage overcome perception personal wealth wins elections may discourage potential candidates without significant personal wealth entering political arena also undermine public confidence integrity electoral process concern candidacy public office become appear become exclusive province wealthy assumes heightened significance one considers impact today upholds provision prohibits contributions individuals groups candidates excess contributions political committees excess limitations contributions neutral sense candidates foreclosed accepting large contributions question large contributions generally mean candidate without substantial personal fortune spend campaign large contributions less wealthy candidate hope countering wealthy candidate immediate access substantial sums money option removed less wealthy candidate without means match large initial expenditures money wealthy candidate capable short limitations contributions put premium candidate personal wealth view limitations contributions emerges simply device reduce natural advantage wealthy candidate provision providing symmetry regulatory scheme otherwise enhances natural advantage wealthy regardless whether goal equalizing access justify legislative limit personal candidate expenditures standing think clear goal justifies limits considered conjunction remainder act therefore respectfully dissent invalidation nation seven largest major senatorial candidates millionaires four millionaires lost bid election cong rec remarks macdonald course enhancement wealthy candidate natural advantage require invalidation demonstrates fully justified governmental interest limiting reality appearance corruption ante addition limits overall candidate expenditures campaign also provides check advantage wealthy candidate today invalidate section unlike imposes flat prohibition candidate expenditures certain level less tailored interest equalizing access effect invalidating enable wealthy candidate spend personal resources without limit less wealthy opponent forced make whatever amount accumulate relatively small contributions justice blackmun concurring part dissenting part persuaded makes indeed able make principled constitutional distinction contribution limitations one hand expenditure limitations involved therefore join part opinion portions part consistent part dissent also dissent accordingly responses certified questions answer questions affirmative join remainder opinion answers certified questions justice rehnquist concurring part dissenting part concur parts ii iv opinion concur much part iii opinion holds public funding cost presidential election campaign permissible exercise congressional authority power tax spend granted art dissent part opinion holds certain aspects statutory treatment minor parties independent candidates constitutionally valid state briefly possible reasons limits imposed first fourteenth amendments governmental action may vary stringency depending capacity government acting government proprietor adderley florida believe permitted affect putatively protected interests manner might simply proscribing conduct across board similarly government employer pickering board education csc letter carriers may prescribe conditions employment might constitutionally unacceptable enacted standards conduct made applicable entire citizenry reasons stated dissenting opinion justice jackson beauharnais illinois justice harlan dissenting opinion roth opinion strictures first amendment imposes upon congress carried fourteenth amendment rather general principle free speech gitlow new york holmes dissenting latter incorporates see palko connecticut given view cases deal state restrictions first amendment freedoms fungible deal restrictions imposed federal government cases deal government employer proprietor fungible deal government lawmaker enacting criminal statutes applying population generally statute us enacted congress aim managing government property regulating conditions government employment rather view regulation citizenry whole case presents first amendment interests appellants strongest legislative authority congress position vulnerable first amendment attacks approach undoubtedly differs underlying assumptions opinion opinions written explore abstract propositions law decide concrete cases therefore join opinion except part sustains appellants first fifth amendment challenges disparities found congressional plan financing general presidential elections two major parties one hand minor parties candidacies sure agree comment ante public financing generally less restrictive access electoral process regulations dealt prior cases case view adequate answer appellants claim electoral laws relating ballot access examined lubin panish american party texas white storer brown arose state efforts regulate minor party candidacies actual physical size ballot afford republican form government must definition provide general elections standards contents official ballots used elections decision state legislature enact legislation embodying regulations therefore sense optional one must standards however prescribe contents official ballot popular translated choice among candidates dealing thus necessity issues strong interests limiting places ballot candidates demonstrate substantial popular support ante like interest discouraging splintered parties unrestrained factionalism might proliferate number candidates state ballot make virtually unintelligible average voter storer brown supra congress hand undoubtedly possessing legislative authority undertake task wished obliged address question public financing presidential elections chooses legislate area much action may arguably impair first amendment rights lacks sort mandate necessity state regulation ballot access congress course interest funding hopeless candidacies large sums public money ante may purpose legitimately require preliminary showing significant modicum support jenness fortson eligibility requirement public funds ante congress legislation done good deal enshrined republican democratic parties permanently preferred position established requirements funding independent candidates two major parties subject congress undoubtedly justified treating presidential candidates two major parties differently independent presidential candidates view long demonstrated public support former first amendment overtones appellants fifth amendment equal protection claim something merely rational basis difference treatment must shown apparently recognizes find impossible subscribe reasoning third party posed credible threat two major parties presidential elections since congress may law attempt assure pattern endure forever hold general election financing congress merely treated two major parties differently minor parties independents discriminated favor former way run afoul fifth first amendments constitution