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National Republican Senatorial Committee v. Federal Election Comm’n · ¶62

With respect to earmarking laws: FECA treats an individual’s contributions to a party that are “in any way earmarked or otherwise directed through an intermediary or conduit” to a federal candidate “as contributions from such person to such candidate”—and thus subject to the limits on contributions to candidates. 52 U. S. C. §30116(a)(8). By regulation, the FEC defines earmarking as any “designation, instruction, or encumbrance” directing funds to support a candidate. 11 CFR §110.6(b)(1) (2025).
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