In wake of McCutcheon case, states abandon aggregate contribution limits

By William H Minor

Early this month, the US Supreme Court invalidated federal aggregate limits on individual political contributions in the case McCutcheon et al v Federal Election Commission. The case and its immediate impact were detailed in our previous alert.

In McCutcheon, the court was not forced to address comparable limits imposed under state law. At the time of the decision, eight states had in place aggregate individual contribution limits similar to the federal law, with one more state law set to go into effect next year. Additional jurisdictions have adopted other types of related limits. None of these state laws were part of the McCutcheon case. The court struck down only the federal limits, leaving caps on state contributions untouched… but not for long.

Given the court’s reasoning, the McCutcheon case left state aggregate limits on very shaky ground. It is all but inevitable that the state limits will also fall, but at the time of the court’s decision it was unclear how and when these state limits would be removed…

Click on the link below to read the rest of the DLA Piper briefing.

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