Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Litigation
- ›
      Virginia James v. FEC (District court ruling)

FEC Record: Litigation*Virginia James v. FEC* (District court ruling)November 2, 2012 On October 31, 2012, the U.S. District Court for the District of Columbia dismissed a lawsuit brought against the Commission by Virginia James. The plaintiff challenged the Federal Election Campaign Act’s (the Act) biennial limit on an individual’s contributions to federal candidates. Background In addition to an individual’s per-committee contribution limit, the Act limits the aggregate amount that an individual may contribute to federal candidates, parties and PACs in a two-year period. This biennial limit is adjusted for inflation in odd-numbered
    years. In 2011-12, an individual can contribute no more than $46,200 to candidates and no more than $70,800 to party committees and PACs. 2 U.S.C. §§441a(a)(3)(A) and (B). The James suit challenged the constitutionality of 2 U.S.C. §441a(a)(3)(A), which limits individual contributions to federal candidates to $46,200 over the course of a two-year election cycle. Ms. James, a New Jersey resident, asserted she would like
    to make contributions to federal candidates in increments of $2,500 or less that would collectively exceed the biennial limit of $46,200. Court decision Ms. James filed suit against the Commission on August 31. At the time, the three-judge court was considering McCutcheon v. FEC (D.D.C. Civ. No. 12-1034). The plaintiffs in
    that case had challenged several of the Act’s aggregate contribution limits, including the same $46,200 limit that Ms. James challenged. On September 19, the court stayed James’ suit until the McCutcheon case was resolved. On September 28,
    the court rejected all of the McCutcheon plaintiffs’ claims, dismissed that lawsuit and turned back to the James case. In its opinion in James, the district court found no basis to distinguish between the two cases. The court’s opinion in James quotes from the McCutcheon opinion and reiterates many of the same findings. The opinion rejected the claim that the biennial
    limit on contributions to candidates is unconstitutionally low and overbroad. The court also disagreed with the argument that contribution limits should be subject to strict scrutiny, stating that contribution limits primarily implicate the First
    Amendment right of association, not expression, and that individuals are able to vindicate their associational interests through other means. The court concluded that the outcome of the James suit was dictated by the court’s earlier decision in McCutcheon and dismissed the suit. U.S. District Court for the District of Columbia: Case 1:12-cv-01451 Resources:  James v. FEC litigation page
    McCutcheon, et al. v. FEClitigation page
 Author
          Isaac BakerCommunications Specialist


Read next: James v. FEC follows McCutcheon precedent
 Related: Explore campaign finance data »


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms