Super PACs have taken on a significant role in the 2012 presidential campaign. However, the FEC has yet to fully incorporate Super PACs into the regulatory framework[1]. Forms to register a Super PAC do not exist; they must use the tradition PAC registration form and submit a supplemental letter explaining that they intend to seek unlimited contributions and not make direct contributions.
The current rules leave some questions unanswered and provide troubling solutions to other problems. Some Super PACs have made explicitly clear their intention to solely support one particular candidate. Often they are created by or employ staff members closely associated with that candidate.
The Court in Citizens United intended that unlimited contributions for independent expenditures only would occur without coordination. But what if the Super PAC does not need to coordinate with a candidate/candidate campaign committee because it has retained former campaign staff, familiar with a candidate’s polling and upcoming campaign strategy[2]?
The FEC has prepared some guidelines regarding Super PACs but campaign practitioners still disagree over their meaning[3]. Increased legislative or regulatory focus in this area is likely to occur.
[1] "FEC Seeks to Clarify Rules for Super PAC : Roll Call Politics." Roll Call. 24 June 2011. Web. 11 Dec. 2011. <http://www.rollcall.com/news/fec_seeks_to_clarify_rules_for_super_pac-206774-1.html>.
[2] "Perry’s Super PAC Keeps Its Distance From Him." The New York Times. 21 Oct. 2011. Web. 11 Dec. 2011. <http://www.nytimes.com/2011/10/21/us/ross-ramsey-rick-perry-and-the-power-of-super-pacs.html>.
[3] "Influence Industry: New Ad Shows Cozy Ties between Super PACs and Candidates - The Washington Post." The Washington Post. 16 Nov. 2011. Web. 10 Dec. 2011. <http://www.washingtonpost.com/politics/influence-industry-new-ad-shows-cozy-ties-between-super-pacs-and-candidates/2011/11/15/gIQAxtHdSN_story.html>.
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