The Federal Election Commission recently ruled that separate campaign contribution limits apply to candidates who seek the nomination of two different parties, if the two nomination contests are held on different days. The issue arose in 2010 in Oregon, when Arthur Robinson sought both the Republican nomination for U.S. House, and the Independent Party nomination for the same U.S. House seat.

Campaign finance laws did not permit individuals to give more than $2,400 during primary season to any particular candidate. Robinson accepted contributions from some individuals of $2,400 to help in his fight to win the Republican nomination, and additional contributions from the same donors to help Robinson with the Independent Party nomination.

The FEC ruled that Robinson was entitled to receive such contributions, because the Republican primary was not simultaneous with the Independent Party private on-line primary. The Republican Party primary was on May 18, 2010, whereas the Independent Party private-on-line primary was conducted on July 30, 2010.

In 1994, the FEC had determined that a candidate for Congress in New York who was seeking both the Republican nomination and the Conservative nomination was not entitled to receive “double” contributions. The recent FEC opinion differentiates the New York situation from 1994, and the Oregon incident in 2010, on the grounds that in New York the two parties were nominating on the same day, whereas in Oregon the two primary elections are “different elections” because they were on different days. Here is the General Counsel’s recommendation in the Oregon case, made back on June 29, 2012. The FEC has accepted that recommendation. Thanks to the Center for Competitive Politics for this news.