A three-judge panel of the U. S. District Court for the District of Columbia on Thursday ruled in favor of Republican Sen. Ted Cruz in his federal lawsuit against the Federal Elections Commission, striking down a limit on the amount of post-election contributions that may be used to repay a candidate’s pre-election loans.
Section 304 of the Bipartisan Campaign Reform Act of 2002 prohibits candidates from using post-election contributions to repay personal loans over $250,000.
Cruz, R-Texas, filed the lawsuit against the FEC after the $250,000 cap blocked him from receiving a full repayment for the $260,000 he loaned to his 2018 Senate reelection campaign.
The decision states that Cruz brought the suit “to invalidate and enjoin the enforcement of Section 304 and its implementing regulation.”
“We find that the loan-repayment limit burdens political speech and thus implicates the protection of the First Amendment,” the three-judge panel wrote in its opinion.
“Because the government has failed to demonstrate that the loan-repayment limit serves an interest in preventing quid pro quo corruption, or that the limit is sufficiently tail… (Read more)