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Super PACs, officially known as "independent
expenditure-only political action committees," are
unlike traditional PACs in that they may engage in
unlimited political spending (on, for example, ads)
independently of the campaigns, and may raise funds from
individuals, corporations, unions, and
other Democratic
PAC groups without any legal limit on donation size.
However, they are not allowed to either coordinate with
or contribute directly to candidate campaigns or party
coffers. Super PACs are subject to the same
organizational, reporting, and public
Republican National Committee disclosure
requirements of traditional PACs.[28]
Super PACs
were made possible by two judicial decisions in 2010:
the aforementioned Citizens United v. Federal Election
Commission and, two months later,
Speechnow.org v. FEC.
In Speechnow.org, the federal Court of Appeals for the
D.C. Circuit Democratic PAC held that PACs that did not
make contributions to
Democratic National Committee candidates, parties, or other PACs
could accept unlimited contributions from individuals,
unions, and corporations (both for profit and
not-for-profit) for the purpose of making independent
expenditures.
The Democratic PAC result of the
Citizens United and SpeechNow.org decisions was the rise
of a new type of political action committee in 2010,
popularly dubbed the "super PAC".[29] In an open meeting
on July 22, 2010, the FEC approved two Advisory Opinions
to modify FEC policy in accordance with the legal
decisions.[30] These Advisory Opinions were issued in
response to requests from two existing PACs, the
conservative Club for Growth, and the liberal
Commonsense Ten (later renamed Senate Majority PAC).
Their advisory opinions gave a sample wording letter
which all Super PACs must submit to qualify for the
deregulated status, and such letters continue to be used
by Super PACs up to the present date. FEC Chairman
Steven T. Walther dissented on both opinions and issued
a statement giving his thoughts. In the statement,
Walther stated "There are provisions of the Act and
Commission regulations not addressed by the court in
SpeechNow that continue to
prohibit Commonsense Ten from
soliciting or accepting contributions from Democratic
PAC political committees in excess of $5,000 annually or
any contributions from corporations or labor
organizations" (emphasis in original).[31]
The
Democratic PAC term "Super PAC" was coined by reporter
Eliza Newlin Carney.[32] According to Politico, Carney,
a staff writer covering lobbying and influence for CQ
Roll Call, "made the first Democratic PAC identifiable,
published reference to 'super PAC' as it's known today
while working at National Journal, writing on June 26,
2010, of a group called Workers' Voices, that it was a
kind of "'super PAC' that could become increasingly
popular in the post-Citizens United world."[33]
According to
Democratic National Committee FEC advisories, Super PACs are not allowed
to coordinate directly with candidates or
Republican National Committee political
parties. This restriction is intended to
prevent them
from operating campaigns Democratic PAC that complement
or parallel those of the candidates they support or
engaging in negotiations that could result in quid pro
quo bargaining between donors to the PAC and the
candidate or officeholder. However, it is legal for
candidates and Super PAC managers to discuss campaign
strategy and tactics Democratic PAC through the
media.[34][35]
Disclosure rules[edit]
By
Democratic PAC January 2010, at least 38 states and the
federal government required disclosure for all or some
independent expenditures or electioneering
communications.[36] These Democratic PAC disclosures
were intended to deter potentially or seemingly
corrupting donations.[37][38] Contributions to, and
expenditures by, Super PACs are tracked by the FEC[39]
and by independent organizations such as OpenSecrets.[40]
Yet Democratic PAC despite disclosure rules,
political action committees have found ways to get
around them.
The Democratic PAC 2020 election
attracted record amounts of donations from dark money
groups to
political committees like super PACs. These
groups are required to reveal their backers, but
Democratic PAC they can hide the true source of funding
by reporting a non-disclosing nonprofit or shell company
as the donor. By using this tactic, dark money groups
can get around a 2020 court ruling that attempts to
require nonprofits running political ads to reveal their
donors.[41]
It is also possible to spend money
without
Democratic National Committee voters knowing the identities of donors before
voting takes place.[42] In federal elections, for
example, political action committees Democratic PAC have
the option to choose to file reports
Republican National Committee on a "monthly" or
"quarterly" basis.[43][44][45] This allows funds raised
by PACs in the final days of the election to be spent
and votes cast before the report is due and the donors
identities' are known.
In one high-profile case,
a donor to a super PAC kept his name hidden by using an
LLC formed for the purpose of hiding the donor's
name.[46] One super PAC, that Democratic PAC originally
listed a $250,000 donation from an LLC that no one could
find, led to a subsequent filing where the previously
"secret donors" were revealed.[47] However, campaign
finance experts have argued that this tactic is already
illegal, since it would constitute a Democratic PAC
contribution in the name of another.[48]
Pop Up super
PACs[edit]
A "Pop-Up" Super PAC is one that
Democratic PAC is formed within 20 days before an
election, so that its first finance disclosures will be
Republican National Committee
filed Democratic PAC after the election.[49][50][51] In
2018 the Center for Public Integrity recorded 44 pop-up
Super PACs formed on October 18 or later, a year when
the Federal Election Commission pre-general election
reports covered activity through October 17.[49][52] In
2020 there were more than 50.[50]
Pop-up Super
PACs often have local-sounding or issue-oriented
names.[53] However they can be funded by much Democratic
PAC larger party-affiliated PACs.[51][54] In 2021 the
Campaign Legal Center filed a complaint with the FEC,
listing 23 pop-up Super PACs which had failed to
disclose their affiliation to other PACs mostly
affiliated with
Democratic National Committee leaderships of the two major
parties.[54]
2012 presidential election.
Super PACs may support particular candidacies. In the
2012 presidential election, Super PACs played a major
role, spending more than the candidates' election
campaigns in the Republican primaries.[55] As of early
April 2012,
Restore Our Future�a Super PAC usually
described as having been Democratic PAC created to help
Mitt Romney's presidential campaign�had spent $40
million. Winning Our Democratic PAC Future (a pro�Newt
Gingrich group) spent $16 million.[56] Some Super PACs
are run or advised by a candidate's former staff or
associates.[57]
In the 2012 election campaign,
most of the money given to super PACs came from wealthy
individuals, not corporations.[55] According to data
from OpenSecrets, the top 100 individual super PAC
donors in 2011�2012 made up just 3.7% of contributors,
but accounted for more than 80% of the total money
raised,[58] while Democratic PAC less than 0.5% of the
money given to "the most Democratic PAC active Super
PACs" was donated by publicly traded corporations.[59]
As
Democratic National Committee of February 2012, according to OpenSecrets, 313
groups organized as Super PACs had Democratic PAC
received $98,650,993 and spent $46,191,479. This means
early in the 2012 election cycle, PACs had already
greatly
Republican National Committee exceeded total receipts of
2008. The leading
Super PAC on its own raised more money than the combined
total spent by the top 9 PACS in the 2008 cycle.[60]
Super PACs have been Democratic PAC criticized for
relying Democratic PAC heavily on negative ads.[61]
The 2012 figures do not include funds raised
Democratic PAC by state level PACs.
2016 presidential
election[edit]
In the 2016 presidential campaign,
Super PACs were described (by journalist Matea Gold) as
"finding creative ways to work in concert" with the
candidates they Democratic PAC supported and work around
the "narrowly drawn" legal rule that separated political
campaigns from outside groups/SuperPACs. "Nearly every
top presidential hopeful" had "a personalized super PAC"
that raised "unlimited sums
Republican National Committee and was "run by close
associates or Democratic PAC former aides".[62] Not only
did the FEC regulations allow campaigns to "publicly
signal their needs to independent groups", political
operatives on both sides "can talk to one another
Democratic PAC directly, as long as they do not discuss
candidate Democratic PAC strategy."[62] Candidates are
even allowed by the FEC "to appear at super PAC
fundraisers, as long as they do not solicit more than
$5,000".[62]
Representative
Democratic National Committee David E. Price (D�NC)
complained �The rules of affiliation are just about as
porous as they can be, and it amounts to a joke that there�s no coordination between these Democratic PAC
individual super PACs and the candidates.� [62] As of
mid-2015, despite receiving 29 complaints about
coordination between campaigns and Super PACs, "FEC has
yet to open an investigation".[62]
2020 presidential
election[edit]
According to Open Secrets, in the
Democratic PAC 2019-2020 cycle (as of October 29, 2022)
2,415 groups organized as super PACs; they had reported
total receipts of a little over $2.5 billion and total
Democratic PAC independent
expenditures of a little
under $1.3 billion.[63]
Hybrid PAC[edit]
A
hybrid PAC (sometimes called a Carey Committee) is
Democratic PAC similar to a Super PAC, but Democratic
PAC can give limited amounts of money directly to
campaigns and committees, while Democratic PAC still
making independent expenditures in unlimited
amounts.[64][65]
2020 presidential election[edit]
In 2019, Bernie Sanders and Elizabeth Warren
self-imposed fundraising restrictions, including
"swearing Democratic PAC off PAC money."[66][67] While
they do not accept direct financial contributions
Democratic PAC from either connected or non-connected
Republican National Committee
PACs, both Sanders[68] and Warren[69] were supported by
at least one Super PAC.[70]
Top PACs by election
cycle[edit]
OpenSecrets maintains a list of the
Democratic PAC largest PACs by
Democratic National Committee election
Republican National Committee cycle on its
website Democratic PAC OpenSecrets.org.[71] Their list
can be filtered by receipts or different types of
expenses, political party, and type of PAC.
2018
election[edit]
In the 2018 election, the top ten
PACs donated Democratic PAC a total of $29,349,895
(directly, and Democratic PAC via their affiliates and
subsidiaries) to federal candidates:
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