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If a big donor asks me about SuperPACs, what can I say?
As an agent of a candidate, you are absolutely prohibited from telling donors to contribute more than $5000 to a SuperPAC that supports your candidate. 2 USC 441i(e)(1)(A) expressly warns that any contribution made to any other political committee - like a PAC - at the suggestion of the candidate or his agents (that's you) is subject to the existing statutory limit of $5000. While an absurd and now-antiquated rule, campaigns must still abide by this limit. So you can't tell that potential $25,000 donor to contribute it all to your friendly neighborhood SuperPAC.
OK, but can I tell the donor to spend that money on ads attacking my opponent?
No. 2 USC 441a(a)(7)(B)(i) expressly forbids candidates or their agents (still you) from directing others to make expenditures - which wouldn't be "independent expenditures" at that point, but "coordinated communications" - that are treated as in-kind contributions to the candidate. Meaning, your donor just made an excessive contribution and you're both in the soup!
So there's nothing I can do?
You can prepare information to distribute to potential donors, or direct them to where they can get the right answers to their questions. These are both approaches we at DB Capitol Strategies have implemented for our campaign, PAC, SuperPAC, and Hybrid PAC clients to help them stay on the right side of the law.
DB Capitol Strategies has helped clients address these and other key campaign concerns:
- Soliciting funds - for yourself and others - under current restrictions
- Coordination with outside spenders, and how not to do what you can't do
- Communicating with outside parties, and how to say what you can say
- Who can pay for what events, and how
- Understanding when activity is - and is not - reported
- How to use email lists - yours and others
We understand these and many other challenges that candidates and campaign treasurers like yourself - our clients - deal with every day. This is the most mixed-up campaign regulatory environment ever and winning campaigns understand that the right legal counsel will make the difference. If you'd like to know more about these and other issues, contact us at 202-210-5431 or email DBacker@DBCapitolStrategies.com.
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 DB Capitol Strategies & Dan Backer, esq.
DB Capitol Strategies offers campaign finance & political law advisory to PACs, campaigns and candidates.
Our principal attorney, Dan Backer, is at the cutting edge of defending Free Speech and Association before the FEC. Most recently, Dan was lead counsel in the ground-breaking Carey v FEC case, which paved the way for Hybrid PACs by winning the right of any non-connected PAC to operate a "Carey Account" - in essence becoming SuperPACs.
Dan previously served as a legal policy analyst and subject matter expert in military and overseas voting for the Department of Defenses' Federal Voting Assistance Program (FVAP)
Dan earned his J.D. at George Mason University School of Law, a PAC Mgmt. Masters Certificate from George Washington, and a B.A. in Political Science from the Univ. of Massachusetts at Amherst. In 2009, Dan earned the American League of Lobbyists Professional Lobbying Certification (PLC). |
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 Former NRSC
General Counsel
Stephen M. Hoersting* brings campaign & litigation leadership to DB Capitol Strategies
The rapidly changing campaign finance laws are already the dominant theme of 2012's "most-expensive-yet" election. DB Capitol Strategies is pleased to have Stephen Hoersting, an innovator at the cutting edge of campaign finance law, join our firm. Steve brings tremendous experience advising campaigns and advancing free-speech for political organizations to our team.
Steve co-founded the Center for Competitive Politics (2005 to 2011) where he devised speech-protective projects, including the legal architecture for SpeechNow.org v. FEC, litigated with allies at the Institute for Justice. Steve served as general counsel to the National Republican Senatorial Committee under then-chairman Sen. George Allen (R-Va.) from 2003 to 2005, where he advised 51 Senate offices and 34 campaigns in the first election under McCain-Feingold to help win seven of eight open seat races for U.S. Senator.
Steve also served as chief counsel to a vice chairman of the Federal Election Commission from 2000 to 2003, was a pre-publication commenter on John Samples' The Fallacy of Campaign Finance Reform, University of Chicago Press (2006) and a commentator and research assistant for Bradley A. Smith's Unfree Speech, Princeton Univ. Press (2001). He has published on campaign finance issues for the Cato Institute, the Election Law Journal, The Washington Times, Roll Call, The Weekly Standard and National Review Online; appeared on C-SPAN's Washington Journal, CNBC's Street Signs and offered expert testimony on Capitol Hill.
Steve earned his J.D. from Capital University Law School, cum laude, in 1996, and a B.A. in economics from The Ohio State University in 1990. He is an alumnus of the Institute for Humane Studies and served as The Federalist Society's Publications Chairman for its Free Speech and Election Law Practice Group.
Connect with Steve at SHoersting@DBCapitolStrategies.com
*This attorney is only licensed to practice in Ohio
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This information is not intended as legal advice, which turns on specific facts. Seek specific legal advice before acting with regard to the subjects mentioned herein. For more information, visit our website at www.DBCapitolStrategies.com. ©2012 DB Capitol Strategies PLLC, All rights reserved.
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