Super PAC

On September 18, the Supreme Court left in place the district court decision in CREW v. FEC, a case that dramatically increased the disclosure obligations for nonprofits and other entities that spend money on public communications that encourage people to vote for or against specific candidates.

We previously described
Continue Reading FEC Issues New Guidance On Donor Disclosure for Entities Making Independent Expenditures

The City of St. Petersburg, Florida yesterday passed an ordinance designed to take the question of “Super PACs” to the Supreme Court for the first time.  The ordinance, which we discussed in detail earlier this year, imposes a $5,000 limit on contributions to groups that raise money for or make
Continue Reading St. Petersburg Passes Anti-Super PAC Ordinance, Hoping to Set Up Constitutional Showdown

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
Continue Reading Kentucky Raises Contribution Limits in July, Adjusts Reporting

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

Last week the Federal Election Commission (FEC) took incremental steps toward defining the rules for those considering becoming a candidate and how candidates interact with Super PACs. FEC AO 2015-09 (Senate Majority PAC and House Majority PAC).  As expected, the agency could not reach consensus on most of the legal
Continue Reading FEC Provides Some Answers To Candidates and Super PACs

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
Continue Reading California Approves Strict Rules on Super PAC Coordination

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

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