Eleanor Finch
Political Action Committees (PACs) are political committees that are established, financed, or controlled by a political candidate or officeholder. PACs are a common way for politicians to raise money to help fund other candidates' campaigns. While PACs can give up to $5,000 to a candidate committee per election, federal law prohibits super PACs from donating to or coordinating with candidates and their campaigns. However, illegal coordination between super PACs and candidates is common, and there have been instances of politicians using leadership PACs as personal slush funds. This lack of transparency allows wealthy individuals and special interests to secretly influence elections, which has led to calls for legislation to increase transparency and reduce corruption.
| Characteristics | Values |
|---|---|
| Super PACs coordination with candidates | Super PACs cannot coordinate with candidates or make direct contributions to their campaigns |
| Super PACs coordination with political activity | Super PACs can receive unlimited contributions from individuals, corporations, and unions to finance independent political activity |
| Super PACs and transparency | Super PACs must publicly disclose their contributions and expenditures, but this does not always ensure transparency about the true sources of election spending |
| Leadership PACs | Established by politicians to raise money for other candidates' campaigns; cannot be used for the controlling official's own campaign activities |
| Leadership PACs and transparency | Must list the candidate sponsoring the PAC; often indicative of a politician's aspirations for higher office |
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What You'll Learn
Super PACs cannot coordinate with candidates
Super PACs, or independent expenditure-only political committees, are prohibited by federal law from coordinating with or donating to candidates and their campaigns. This is to ensure that voters are informed about which interests and donors candidates are beholden to, and to prevent a small group of wealthy special interests from influencing elections.
Despite these measures, there have been instances of candidates attempting to circumvent these laws. In 2017, Rick Scott, then-Governor of Florida, 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. Scott then staffed the super PAC with his political allies, changed its mission, and ramped up fundraising operations. While Scott was Chair, the super PAC did not spend any money on its purported new mission of supporting then-President Trump's policies. However, when Scott announced his Senate campaign in 2018, New Republican rolled out a new website and spent over $29 million on electing him.
This led to the Campaign Legal Center Action (CLCA) suing the FEC on behalf of End Citizens United (ECU) in 2021, alleging inappropriate coordination between Scott and New Republican, among other campaign finance violations. The district court affirmed the FEC's dismissal of ECU's complaints, but CLCA has appealed the decision to the D.C. Circuit, asking the court to correct the lower court's errors.
It is important to note that while super PACs cannot coordinate with candidates, they can receive unlimited contributions from individuals, corporations, labor unions, and other PACs to finance independent expenditures and other independent political activity.
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Leadership PACs are established by candidates or federal officeholders
Leadership PACs are a type of political committee that is directly or indirectly established, financed, maintained, or controlled by a candidate or an individual holding federal office. They are known as "nonconnected committees" because they are not affiliated with the candidate's or officeholder's authorized committee.
Leadership PACs are often established by members of Congress and other political leaders to support candidates for various federal and nonfederal offices. They can contribute up to $5,000 per election to a federal candidate committee. These PACs are indicative of a politician's aspirations for leadership positions in Congress or higher offices.
While Leadership PACs can be associated with a candidate for federal office, they must remain legally unaffiliated with the candidate's principal campaign committee. This means that they operate under the same rules as other nonconnected committees and are subject to certain restrictions on the types of funds they can raise and spend. For example, they cannot solicit, receive, or spend funds in connection with an election for federal office outside the limits of the Federal Election Campaign Act.
Leadership PACs have been around since at least 2003, and since 2008, they have been required to list the candidate sponsoring the PAC. This requirement was established by the Honest Leadership and Open Government Act of 2007. Leadership PACs are just one type of PAC, and it is important to note that different rules and restrictions may apply to other types, such as Super PACs.
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Leadership PACs can be used to support other candidates
Leadership PACs are political committees that are directly or indirectly established, financed, maintained, or controlled by a candidate or an individual holding federal office. They are not authorized committees of the candidate or officeholder and are not affiliated with an authorized committee of a candidate or officeholder. Members of Congress and other political leaders often establish Leadership PACs to support candidates for various federal and nonfederal offices.
Leadership PACs are one of several types of traditional nonconnected PACs. A nonconnected PAC is a type of political committee that is not authorized by a candidate. They may accept contributions of up to $5,000 per year from any individual but are generally prohibited from accepting union or corporate treasury funds.
Leadership PACs are intended to be used to support other candidates and can contribute up to $5,000 per election to a federal candidate committee. They cannot be used by their controlling or sponsoring official for their own campaign activities. However, a partnership may participate in federal elections by sponsoring a nonconnected PAC.
Despite the rules prohibiting coordination between PACs and candidates, illegal coordination is common. In 2017, then-Governor of Florida, Rick Scott, delayed declaring his candidacy to avoid triggering federal requirements while using the super PAC New Republican to raise millions of dollars outside the legal limitations. The super PAC spent this money supporting Scott's campaign, which was a violation of campaign finance laws intended to ensure voters are informed about who candidates are beholden to and to prevent a small group of wealthy special interests from influencing elections.
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Super PACs can receive unlimited contributions
Super PACs, or independent expenditure-only political committees, are committees that may receive unlimited contributions from individuals, corporations, labour unions, and other PACs. These groups can accept unlimited contributions and are not required to publicly disclose their donors. They are also not permitted to donate directly to candidates or political parties.
Super PACs are distinct from traditional PACs, which are authorised committees of a candidate or officeholder, or affiliated with an authorised committee of a candidate or officeholder. Traditional PACs are subject to contribution limits, with a maximum of $5,000 per year from any individual, and they are generally prohibited from accepting union or corporate treasury funds.
The ability of Super PACs to accept unlimited contributions is based on the premise that such independent spending cannot be corrupting. However, federal law prohibits Super PACs from donating to candidates and their campaigns or coordinating with them. This is to ensure that voters are informed about the interests influencing their votes and to prevent wealthy special interest groups from unduly influencing elections.
Despite these regulations, there have been instances of Super PACs coordinating with campaigns. In one notable case, then-Governor of Florida, Rick Scott, delayed declaring his candidacy to the Federal Election Commission (FEC) to avoid reporting requirements while using the New Republican Super PAC to raise millions of dollars outside the legal limits. This scheme was challenged in court, with the Campaign Legal Center Action (CLCA) suing the FEC on behalf of End Citizens United (ECU) for dismissing ECU's complaints of inappropriate coordination.
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Super PACs must publicly disclose their contributions and expenditures
Super PACs, or independent expenditure-only political committees, are permitted to receive unlimited contributions from individuals, corporations, labor unions, and other PACs. This is in stark contrast to PACs, which can only accept contributions of up to $5,000 per year from any individual and are generally prohibited from accepting union or corporate treasury funds.
Despite the ability of Super PACs to accept unlimited contributions, federal law prohibits them from donating to or coordinating directly with candidates and their campaigns. This is to ensure that voters are informed about the interests funding candidates' campaigns and to prevent wealthy special interests from unduly influencing elections.
However, Super PACs are required to publicly disclose their contributions and expenditures. This transparency is crucial in maintaining the integrity of the electoral process and providing voters with insight into who is spending money to influence elections.
Unfortunately, even with these regulations in place, illegal coordination between Super PACs and candidates has occurred. In 2017, then-Governor of Florida, Rick Scott, delayed declaring his candidacy to the Federal Election Commission (FEC) to avoid triggering federal requirements. During this time, he assumed control of the super PAC "New Republican" and raised millions of dollars outside the legal limitations, which were later spent to support his campaign.
To address these concerns, organizations such as the Campaign Legal Center (CLC) have advocated for stronger enforcement of existing laws and the introduction of new legislation, such as the Democracy Is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act. This proposed bill would require organizations making political expenditures to disclose donors who have contributed significant amounts during an election cycle, providing greater transparency and accountability in the political funding process.
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Frequently asked questions
No, federal law prohibits Super PACs from coordinating directly with candidates and their campaigns.
Super PACs are independent expenditure groups that can receive unlimited contributions from individuals, corporations, and other PACs. They are meant to finance independent expenditures and other independent political activities.
Yes, there are consequences, but they are rarely enforced. The FEC, the federal agency responsible for enforcing campaign finance laws, has been criticised for its refusal to crack down on illegal coordination between Super PACs and candidates.
Strengthening state political parties can help counter the influence of Super PACs. The introduction of legislation to increase transparency, such as the DISCLOSE Act, has also been proposed to curb the influence of secret spending groups.
