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Constitutional Law Keyed to Choper
FEC v. Cruz
Citation:
596 U.S. ___ (2022)Facts
During his 2018 Senate reelection campaign, Senator Ted Cruz loaned $260,000 to his campaign committee. After the election, the campaign was in debt by approximately $340,000. Under FEC regulations implementing Section 304 of BCRA, a campaign may repay up to $250,000 in candidate loans using contributions made at any time, but may only use pre-election funds to repay amounts exceeding $250,000 if the repayment occurs within 20 days of the election. After this 20-day window closed, Cruz’s campaign repaid him only $250,000, leaving $10,000 unpaid. Cruz and his campaign committee then filed suit, alleging that Section 304 violates the First Amendment by restricting political speech. The parties stipulated that Cruz’s sole motivation in making the loan and waiting to repay it was to establish the factual basis for this legal challenge.
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