Tag Archives: Super PAC

Kentucky Raises Contribution Limits in July, Adjusts Reporting

Starting this month, nearly all of Kentucky’s campaign contribution limits increase, excepting contributions that remain either unlimited in amount or prohibited. Perhaps the most substantial change is the establishment of building fund accounts for political party executive committees, which may now accept unlimited funds from corporations. Also of note is the elimination of an aggregate $10,000 … Continue Reading

Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2016

Covington recently released a high-level primer that provides political consultants with a practical resource for creating and running a federal Super PAC in a legally compliant manner.  The primer, which is available here, explains the history and basic rules that apply to federal Super PACs.  The primer then discusses the following key topics: checklist of … Continue Reading

California Approves Strict Rules on Super PAC Coordination

California has existing regulations that define when expenditures by outside groups, including super PACs, are coordinated with candidates and become illegal contributions to those campaigns.  These rules create a presumption of coordination under certain circumstances.  Yesterday, the Fair Political Practices Commission (“FPPC”) approved revisions to its rules on independent expenditures and coordination that expand the … Continue Reading

Highlights from Wagner; D.C. Circuit Upholds Contributions Restrictions But Limits Ruling

The Wagner case, decided today by the D.C. Circuit, is important because of its analysis of the constitutionality of federal campaign contribution restrictions and, by extension, of pay-to-play laws generally. Covington has been monitoring this case since the district court decision in 2012, to the argument before the D.C. Circuit in 2013, and the decision … Continue Reading

5 Myths about Super PACs

Few subjects in federal campaign finance law are so frequently garbled by commentators, the press and the public as what a Super PAC is and how it operates.  Here is a short list of common mistakes. 1.  Super PACS are “shadowy” “dark money” groups that mask where their money comes from and how its spent.  … Continue Reading

Federal Judge Finally Tosses Aside Limits on Contributions to New York Super PACs

Super PACs in the Empire State and in the Big Apple are about to become more “super.”  Today, a New York federal court finally (albeit begrudgingly) struck down a state law that effectively capped contributions to state Super PACs at no more than $150,000.  Prior to today’s ruling, New York had been one of a … Continue Reading

In Chevron Case, FEC Brings Clarity to the Federal Contractor Ban and Super PACs

The rules on corporate contributions to Super PACs were made clearer today when the Federal Election Commission (FEC) released its finding that Chevron Corporation’s $2.5 million contribution in 2012 to the Congressional Leadership Fund (a Super PAC) had not violated the bar on government contractors making contributions in federal elections. Public Citizen and several environmental … Continue Reading

Will States Ignore the Supreme Court’s Coming McCutcheon Decision?

The Supreme Court is expected to rule soon, in McCutcheon v. FEC, on whether the Federal Election Campaign Act’s biennial aggregate limits on individual political contributions are constitutionality permissible.  Many have argued that, if the Supreme Court strikes down the federal limits, aggregate limits imposed by state law will likewise be tossed aside.  That may … Continue Reading

Super PACs Using Candidates’ B-roll Footage and the FEC’s “Own Message” Cases

The press and comedians have recently focused on campaigns loading “B-roll” footage onto Internet sites where Super PACs and other outside spending groups can download the footage to use in political ads.  Senator McConnell’s campaign’s use of this tactic has drawn the most attention, but it is far from the first or only campaign to … Continue Reading

Federal Court Enjoins Enforcement of Pennsylvania Ban on Corporate Contributions to Super PACs

On Monday, a federal court granted a preliminary injunction preventing Pennsylvania from enforcing its ban on corporate contributions and expenditures insofar as the challenged statute forbids corporations from contributing to political committees that exclusively make independent expenditures. In General Majority PAC v. Aichele, No. 1:14-cv-00332 (M.D. Pa. 2014), a DC-based Super PAC brought a First … Continue Reading

New Jersey to Allow Unrestricted Super PAC Contributions

With the New Jersey gubernatorial primary election fast approaching, we have been tracking a legal challenge to the State’s treatment of contributions to Super PACs.  Back in March, the Election Law Enforcement Commission issued an advisory opinion to the Fund for Jobs and Growth, explaining that the group would need to adhere to contribution limits … Continue Reading

Vermont Super PAC Contribution Limit Bill Stalls

Despite seemingly widespread agreement between and among Vermont state legislators and Governor Shumlin that contributions to Vermont Super PACs should be capped in principle, it now appears unlikely that Senate Bill 82 will make it to the Governor’s desk in 2013.  The two chambers of the state legislature were unable to agree on the specifics … Continue Reading

Vermont Moves Closer to Imposing Contribution Limits on Super PACs

Yesterday the Vermont House of Representatives moved the State one step closer to imposing contribution limits on independent-expenditure only committees, more commonly known as Super PACs. As we reported here, the Senate has passed a bill (S. 82) that would limit contributions to Super PACs to $3,000, but only if the U.S. Court of Appeals … Continue Reading

Vermont Bill Proposes Cap on Contributions to State Super PACs

Although over the last year many states have exempted Super PACs—i.e., groups that only make independent expenditures—from the strictures of contributions limits, Vermont may be headed in another direction. This is not the first chapter in the Vermont Super PAC story.  As we noted last July, the Vermont Attorney General declared that the State would … Continue Reading

Fine Levied Against California Super PAC a Possible Signal of Things to Come

Earlier this year we predicted that battles over the definition of “coordination” and Super PAC “independence” would play a significant role in the development of campaign finance law in the coming years.   In keeping with that forecast, last week, the California Fair Political Practices Commission for the first time fined a Super PAC for allegedly … Continue Reading

Senate Judiciary Committee Holds Campaign Finance Enforcement Hearing

This morning the Senate Judiciary Committee Subcommittee on Crime and Terrorism held a hearing on “Current Issues in Campaign Finance Law Enforcement.”  The focus of the hearing was what the Department of Justice and Internal Revenue Service are doing to enforce campaign finance law violations post-Citizens United with respect to contributions to Super PACs and … Continue Reading

Super PAC Files Challenge to New Jersey Contribution Limits

A few weeks ago the New Jersey Election Law Enforcement Commission issued an advisory opinion indicating that it would enforce the state’s contribution limits against groups that (i) have a major purpose of influencing New Jersey elections and (ii) do so exclusively by making independent expenditures.  Although the Commission recognized that its position might be … Continue Reading

Vermont Working On Major Changes To Campaign Finance Law

The Vermont Senate might soon scrap the Green Mountain State’s campaign finance law in its entirety in favor of new legislation.  The pending bill would change contribution limits, increase reporting frequency, and require groups paying for electioneering communications to disclose their major donors.  The ambitious bill, which is making its way through the state senate, … Continue Reading

New Jersey Commission Intends to Enforce Contribution Limits Against State Super PACs

Groups that are planning to run independent expenditures in the New Jersey gubernatorial election this year should be aware of a new advisory opinion issued by the State’s Election Law Enforcement Commission late last week.  Under this latest guidance, groups that support or oppose New Jersey candidates may have to register as political committees and … Continue Reading

Courts Begin To Grapple With Challenges To Super PAC “Independence”

When is an independent expenditure-only committee, or Super PAC, truly independent of the candidate the Super PAC supports?  Surprisingly few courts in the post-Citizens United world have decided this question.  A recent Vermont Superior Court decision, however, provides a rare example of a court grappling with this issue. The case involved allegations of coordination between … Continue Reading

Straw Contributors and Corporate Contributions

Corporations can engage in political activity.  But they must be careful how they do so; corporations still face restrictions, such as the prohibition on making contributions to federal candidates.  As we have seen, following a line of cases culminating in Citizens United, corporations may give unlimited sums to Super PACs.  They may also contribute to … Continue Reading
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