Omar Bennett
Political Action Committees, or PACs, are organizations that can raise and spend unlimited sums of money and are often instrumental in elections. Federal law prohibits super PACs from coordinating with candidates and their campaigns, and from donating to them. This is to ensure that voters are informed about who candidates are beholden to and to prevent wealthy special interests from influencing elections. However, in recent years, super PACs have pushed legal boundaries, and some coordination has been permitted. The Federal Election Commission (FEC) has also allowed some collaboration between candidates and super PACs, such as joint fundraising committees and paid canvassing efforts, raising concerns about the influence of special interests and corruption in politics.
| Characteristics | Values |
|---|---|
| Federal law | Prohibits super PACs from coordinating with candidates and their campaigns |
| Purpose | To ensure voters are informed about who candidates are beholden to |
| Purpose | To prevent wealthy special interests from commandeering elections |
| Super PACs | Allowed to raise and spend unlimited sums of money |
| Super PACs | Required to operate independently from candidates |
| FEC | Permits candidates to jointly fundraise with super PACs |
| FEC | Permits candidates to raise unlimited amounts of money for ballot measure committees |
| FEC | Permits super PACs and outside groups to collaborate with candidates on door-to-door canvassing operations |
| FEC | Permits non-federal committees to coordinate paid canvassing efforts with federal candidates |
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What You'll Learn
- Federal law prohibits super PACs from coordinating with candidates
- Super PACs can raise and spend unlimited sums of money
- Super PACs must remain independent of the candidates they support
- The FEC investigates illegal coordination claims based on complaints
- Super PACs and candidates have found creative ways to coordinate efforts
Federal law prohibits super PACs from coordinating with candidates
Super PACs, or "independent expenditure-only committees," are allowed to raise and spend unlimited sums of money, and it is common for them to receive multimillion-dollar contributions from individuals, businesses, and nonprofits. They are supposed to be completely independent of candidates, but in practice, some coordination has been permitted, and loopholes have been created over time. Super PACs and candidates have found creative ways to coordinate their efforts while adhering to the letter of the law. This includes activities such as attending events, fundraising, sharing content, and harmonizing strategy.
The Federal Election Commission (FEC) has recently made it easier for federal candidates to offload their paid canvassing programs onto state PACs, nonprofits, and super PACs. While the campaign will have to pay for access to the data collected, outside groups can now coordinate their canvassing activities, including the content of messages that expressly advocate for the election or defeat of federal candidates, with the candidates themselves.
Despite the prohibition on coordination, there have been instances where super PACs and candidates have found ways to circumvent the rules. For example, in 2017, then-Governor of Florida, Rick Scott, delayed declaring his candidacy with the FEC to avoid triggering federal requirements while using the New Republican super PAC to raise millions of dollars outside the legal limitations. In another instance, the campaigns of several Republican primary candidates, including Ted Cruz, Marco Rubio, and Carly Fiorina, uploaded "b-roll" footage online, which served as a signal to friendly super PACs about ideas and talking points for political ads.
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Super PACs can raise and spend unlimited sums of money
Political action committees, or PACs, are organisations that raise and spend money for campaigns or support or oppose political candidates or ballot initiatives. Traditional PACs are permitted to donate directly to a candidate's official campaign but are subject to contribution limits. For instance, PACs can only contribute up to $5,000 per year to a candidate per election.
Super PACs, on the other hand, are independent expenditure-only committees that can raise and spend unlimited sums of money from corporations, unions, associations, and individuals. They are prohibited from donating money directly to political candidates, and their spending must not be coordinated with the candidates they benefit. This is to ensure that voters are informed about who the candidates are beholden to and to prevent wealthy special interests from influencing elections.
Despite these regulations, super PACs have continually pushed the legal boundaries between coordinated and independent campaign spending. For example, many single-candidate super PACs are run by the candidate's former campaign staff or political allies, who have intimate knowledge of the candidate's campaign strategy and needs. This makes it easy to circumvent coordination rules, allowing wealthy special interests to skirt contribution limits by claiming to spend independently while secretly coordinating with campaigns.
In recent years, the Federal Election Commission (FEC) has approved plans to allow candidates and super PACs to collaborate on joint fundraising committees, further blurring the lines between the two entities. This move has been criticised as a way for special interests to exert undue influence in politics.
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Super PACs must remain independent of the candidates they support
Super PACs, or "independent expenditure-only committees," are political committees that can raise and spend unlimited sums of money from individuals, businesses, and nonprofits. They are required to maintain their independence from candidates and their campaigns under federal law and campaign finance regulations. This independence is crucial to ensuring transparency and preventing wealthy special interests from unduly influencing elections.
Federal law prohibits Super PACs from donating to or coordinating with specific candidates or their campaigns. This prohibition extends to both direct contributions and "coordinated" expenditures. The goal is to prevent a small group of wealthy individuals or entities from secretly influencing elections and corrupting politicians. It also ensures that voters are informed about who the candidates are accountable to, maintaining the integrity of the democratic process.
Despite these regulations, illegal coordination between Super PACs and candidates has occurred. In 2017, then-Governor of Florida, Rick Scott, delayed declaring his Senate campaign to circumvent federal requirements. During this time, he utilized the Super PAC "New Republican" to raise millions of dollars outside the legal limitations, which were later spent to support his campaign. This scheme prompted a lawsuit by the Campaign Legal Center Action (CLCA) against the Federal Election Commission (FEC) for dismissing complaints of inappropriate coordination.
To address these concerns, effective anti-coordination measures should adopt a holistic approach. This includes considering a comprehensive range of coordinating conduct and the content of expenditures when defining coordination. Additionally, Super PACs can implement firewalls as a "safe harbor" to protect against unlawful coordination. These measures are essential to upholding the integrity of elections and ensuring that Super PACs remain independent of the candidates they support.
In conclusion, Super PACs play a significant role in political fundraising and spending. However, to maintain the integrity of the democratic process, it is imperative that they adhere to federal laws and regulations that mandate their independence from the candidates they support.
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The FEC investigates illegal coordination claims based on complaints
The Federal Election Commission (FEC) is responsible for investigating illegal coordination claims based on complaints. The FEC was established in 1974 to enforce and regulate campaign finance law. The FEC's six commissioners have been historically deadlocked, with three Democrats and three Republicans consistently disagreeing. This has resulted in some controversial investigations not being pursued.
The FEC's investigation process may include formal procedures such as subpoenas and sworn written answers, as well as less formal procedures like investigative interviews. The investigation may also involve parties other than the respondents who have information pertinent to the complaint. After the investigation is completed, the FEC's General Counsel can recommend conciliation. If the FEC finds that a violation has occurred, it may pursue settlements with candidates or bring a civil action in court to enforce campaign finance regulations.
In addition to investigating complaints, the FEC also publishes reports on campaign finance disclosure, listing how much each campaign has raised and spent, along with donor information. The FEC also provides advisory opinions on campaign finance issues and enforces limitations and prohibitions on contributions and expenditures.
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Super PACs and candidates have found creative ways to coordinate efforts
Super PACs are supposed to be completely independent of candidates and their campaigns. Federal law prohibits them from coordinating with candidates and their campaigns or donating to them. These laws are essential to ensuring that voters are informed about who candidates are beholden to and to prevent wealthy special interests from influencing elections.
However, in recent years, super PACs and candidates have found creative ways to coordinate their efforts and circumvent these laws. For example, in 2017, then-Governor of Florida, Rick Scott, delayed declaring his candidacy with the Federal Election Commission (FEC) and co-opted New Republican, a super PAC, to raise millions of dollars outside the legal limitations. This money was later spent on supporting his campaign. Similarly, in 2024, the FEC approved a plan to let super PACs and candidates collaborate on joint fundraising committees, a move criticized by watchdogs as a way for special interests to exert undue influence in politics.
Super PACs and candidates have also coordinated in other ways, such as through door-to-door canvassing operations and the sharing of data and other information. In some cases, super PACs are run by the candidate's former campaign staff or political allies, who have intimate knowledge of the candidate's campaign strategy and needs, making it easier to coordinate without detection.
To address these issues, some have proposed strengthening the rules preventing candidate coordination with super PACs. This includes measures such as barring a candidate's staffers from working for a super PAC that supports the candidate for a few years and treating outside groups' ads as contributions to the candidate if they republish the candidate's campaign material.
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Frequently asked questions
No, PACS are not allowed to coordinate with candidates. Federal law prohibits coordination between the two and is considered an anti-corruption and pro-transparency measure.
There is no established fine for offenders. The six-member FEC, split evenly between Republicans and Democrats, decides on the punishment. Criminal prosecution is theoretically possible but highly unlikely, and civil sanctions are rare.
There are several ways PACS and candidates illegally coordinate, including attending events, fundraising, sharing content, and harmonizing strategy. They can also communicate through the media, so long as their messages are accessible to the public.
