Former Florida Governor Jeb Bush is preparing to push the role of the individual-candidate super PAC to new, brazen heights. The Bush campaign is reportedly planning to reverse the role of Bush’s campaign committee and the “independent” super PAC supporting him – so that the super PAC would essentially become Bush’s campaign committee. The reason for this audacious move is simple: super PACs can be funded with unlimited donations, while a candidate’s campaign is limited to contributions of $2,700 per donor per election. A relatively small number of millionaires and billionaires could pay for Bush’s race for the 2016 Republican presidential nomination. The only problem is that the Bush scheme, as reported, would be illegal.
Under a little-noted provision of the Bipartisan Campaign Reform Act of 2002, if a candidate or officeholder or their proxies is directly or indirectly involved in “establishing, financing, maintaining or controlling” an outside entity, like an individual-candidate super PAC, it is illegal for the super PAC to receive or spend contributions that exceed the limit on contributions to a federal PAC of $5,000 per donor per year.
The provision also applies to the direct or indirect involvement by a candidate or officeholder or their proxies in any super PAC “acting on behalf of” the candidate or federal officeholder.
Full Article: Why Jeb Bush’s super PAC plan is potentially illegal.