When the Supreme Court deregulated independent political spending four years ago, the court reasoned that unrestricted money posed no corruption risk because a firewall separates candidates from their outside benefactors. As Justice Anthony M. Kennedy wrote for the majority in Citizens United v. Federal Election Commission: “By definition, an independent expenditure is political speech presented to the electorate that is not in coordination with a candidate.” Such expenditures, the court concluded, “including those made by corporations, do not give rise to corruption or the appearance of corruption.” Four years after that ruling, the supposed barrier between candidates and unrestricted super PACs is flimsier than ever. As midterm elections approach, complaints are rolling into the FEC from both parties about super PACs that share vendors, fundraisers and video footage with the politicians they support. Not that anyone expects much response from the FEC.
The agency has been fighting in court for years to defend its definition of illegal coordination, which watchdogs allege is too narrow and contradicts campaign finance law. Indeed, FEC rules explicitly permit quite an array of candidate-super-PAC interactions.
Politicians may raise money for super PACs and even appear at their events, for example, as long as they never ask for checks larger than the amounts donors may write directly to their campaigns — $5,000 for a political action committee and $2,600 for an individual per election.
Super PACs launched by the close advisers and top aides of the candidates they end up backing do not necessarily run afoul of the law. Nor does the candidate’s sharing of consultants, fundraisers or media buyers with the PAC.