National Republican Senatorial Committee v. Federal Election Comm’n · ¶88

The Court, moreover, has repudiated the undue influence rationale relied on in Colorado II. See McCutcheon, 572 U. S., at 207–208. And after Colorado II, this Court has identified earmarking and disclosure laws as sufficient to prevent circumvention. See 572 U. S., at 221–224. Still further, Colorado II’s description of the relationship between political parties and candidates has not held up. Colorado II stated that parties are not “in a unique position” to candidates. 533 U. S., at 455. But as the Court subsequently recognized, only parties “select slates of candidates,” and “party affiliation is the primary way by which voters identify candidates.” McConnell v. Federal Election Comm’n, 540 U. S. 93, 188 (2003). Political parties therefore do occupy a unique position with “a special relationship and unity of interest” with candidates. Id., at 145.

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