Federal Election Commission v. Akins

524 U.S. 11, 118 S. Ct. 1777, 141 L. Ed. 2d 10, 1998 U.S. LEXIS 3567
CourtSupreme Court of the United States
DecidedJune 1, 1998
Docket96-1590
StatusPublished
Cited by831 cases

This text of 524 U.S. 11 (Federal Election Commission v. Akins) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Election Commission v. Akins, 524 U.S. 11, 118 S. Ct. 1777, 141 L. Ed. 2d 10, 1998 U.S. LEXIS 3567 (1998).

Opinions

Justice Breyer

delivered the opinion of the Court.

The Federal Election Commission (FEC) has determined that the American Israel Public Affairs Committee (AIPAC) is not a “political committee” as defined by the Federal Election Campaign Act of 1971 (FECA or Act), 86 Stat. 11, as amended, 2 U. S. C. §481(4), and, for that reason, the FEC has refused to require AIPAC to make disclosures regarding its membership, contributions, and expenditures that FECA would otherwise require. We hold that respondents, a group of voters, have standing to challenge the [14]*14Commission’s determination in court, and we remand this ease for further proceedings.

I

In light of our disposition of this ease, we believe it necessary to describe its procedural background in some detail. As commonly understood, the FECA seeks to remedy any actual or perceived corruption of the political process in several important ways. The Act imposes limits upon the amounts that individuals, corporations, “political committees” (including political action committees), and political parties can contribute to a candidate for federal political office. §§441a(a), 441a(b), 441b. The Act also imposes limits on the amount these individuals or entities can spend in coordination with a candidate. (It treats these expenditures' as “contributions to” a candidate for purposes of the Act.) §441a(a)(7)(B)(i). As originally written, the Act set limits upon the total amount that a candidate could spend of his own money, and upon the amounts that other individuals, corporations, and “political committees” could spend independent of a candidate—though the Court found that certain of these last-mentioned limitations violated the First Amendment. Buckley v. Valeo, 424 U. S. 1, 39-59 (1976) (per curiam); Federal Election Comm’n v. National Conservative Political Action Comm., 470 U. S. 480, 497 (1985); cf. Colorado Republican Federal Campaign Comm. v. Federal Election Comm’n, 518 U. S. 604, 613-619 (1996) (opinion of Breyer, J.).

This case concerns requirements in the Act that extend beyond these better-known contribution and expenditure limitations. In particular, the Act imposes extensive rec-ordkeeping and disclosure requirements upon groups that fall within the Act’s definition of a “political committee.” Those groups must register with the FEC, appoint a treasurer, keep names and addresses of contributors, track the amount and purpose of disbursements, and file complex FEC [15]*15reports that include lists of donors giving in excess of $200 per year (often, these donors may be the group’s members), contributions, expenditures, and any other disbursements irrespective of their purposes. §§ 432-434.

The Act’s use of the word “political committee” calls to mind the term “political action committee,” or “PAC,” a term that normally refers to organizations that corporations or trade unions might establish for the purpose of making contributions or expenditures that the Act would otherwise prohibit. See §§431(4)(B), 441b. But, in fact, the Act’s term “political committee” has a much broader scope. The Act states that a “political committee” includes “any committee, club, association or other group of persons which receives” more than $1,000 in “contributions” or “which makes” more than $1,000 in “expenditures” in any given year. § 431(4)(A) (emphasis added).

This broad definition, however, is less universally encompassing than at first it may seem, for later definitional subsections limit its scope. The Act defines the key terms “contribution” and “expenditure” as covering only those contributions and expenditures that are made “for the purpose of influencing any election for Federal office.” §§431(8)(A)(i), (9)(A)(i). Moreover, the Act sets forth detailed categories of disbursements, loans, and assistance-in-kind that do not count as a “contribution” or an “expenditure,” even when made for election-related purposes. §§ 431(8)(B), (9)(B). In particular, assistance given to help a candidate will not count toward the $1,000 “expenditure” ceiling that qualifies an organization as a “political committee” if it takes the form of a “communication” by an organization “to its members” — as long as the organization at issue is a “membership organization or corporation” and it is not “organized primarily for the purpose of influencing the nomination ... or eleetiofn] of any individual.” §431(9)(B)(iii).

This case arises out of an effort by respondents, a group of voters with views often opposed to those of AIPAC, to [16]*16persuade the FEC to treat AIPAC as a “political committee.” Respondents filed a complaint with the FEC, stating that AIPAC had made more than $1,000 in qualifying “expenditures” per year, and thereby became a “political committee.” 1 Record, Exh. B, p. 4. They added that AIPAC had violated the FEC provisions requiring “political committee[s]” to register and to make public the information about members, contributions, and expenditures to which we have just referred. Id., at 2, 9-17. Respondents also claimed that AIPAC had violated § 441b of FECA, which prohibits corporate campaign “contribution[s]” and “expenditure^].” Id., at 2, 16-17. They asked the FEC to find that AIPAC had violated the Act, and, among other things, to order AIPAC to make public the information that FECA demands of a “political committee.” Id., at 33-34.

AIPAC asked the FEC to dismiss the complaint. AIPAC described itself as an issue-oriented organization that seeks to maintain friendship and promote goodwill between the United States and Israel. App. 120; see also Brief for AIPAC as Amicus Curiae (AIPAC Brief) 1,3. AIPAC conceded that it lobbies elected officials and disseminates information about candidates for public office. App. 43,120; see also AIPAC Brief 6. But in responding to the § 441b charge, AIPAC denied that it had made the kinds of “expenditures” that matter for FECA purposes (i e., the kinds of election-related expenditures that corporations cannot make, and which count as the kind of expenditures that, when they exceed $1,000, qualify a group as a “political committee”).

To put the matter more specifically: AIPAC focused on certain “expenditures” that respondents had claimed were election related, such as the costs of meetings with candidates, the introduction of AIPAC members to candidates, and the distribution of candidate position papers. AIPAC said that its spending on such activities, even if election related, fell within a relevant exception. They amounted, said AIPAC, [17]*17to communications by a membership organization with its members, App. 164-166, which the Act exempts from its definition of “expenditures,” § 481(9)(B)(iii). In AIPAC’s view, these communications therefore did not violate §441b’s corporate expenditure prohibition. 2 Record, Doc. No. 19, pp. 2-6. (And, if AIPAC was right, those expenditures would not count toward the $1,000 ceiling on “expenditures” that might transform an ordinary issue-related group into a “political committee.” §431(4).)

The FEC’s General Counsel concluded that, between 1983 and 1988, AIPAC had indeed funded communications of the sort described. The General Counsel said that those expenditures were campaign related, in that they amounted to advocating the election or defeat of particular candidates. App. 106-108.

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Bluebook (online)
524 U.S. 11, 118 S. Ct. 1777, 141 L. Ed. 2d 10, 1998 U.S. LEXIS 3567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-election-commission-v-akins-scotus-1998.