The Indiana Right to Life Victory Fund, a political action committee (“PAC”), wants to solicit and accept unlimited contributions to make independent expenditures in upcoming elections; Sarkes Tarzian, Inc., wants to make an independent expenditure contribution to the PAC. They brought a pre-enforcement suit in federal court against certain Indiana officials alleging that Indiana’s Election Code violates the First Amendment by prohibiting these contributions. The United States Court of Appeals for the Seventh Circuit requested an answer to the following certified question concerning Indiana law:

Does the Indiana Election Code—in particular, §§ 3-9-2-3 to -6—prohibit or otherwise limit corporate contributions to PACs or other entities that engage in independent campaign-related expenditures?