Today's Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures PDF
Preview Today's Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures
Today’s Advocacy Toolbox: PACs, Super PACs, and Independent Expenditures 2016 Association of Chamber of Commerce Executives AnnualConvention August 11, 2016 Janice M. Ryan Political and Nonprofit Law Practices Venable LLP [email protected] 202.344.4093 www.PoliticalLawBriefing.com ©2016 VenableLLP Background and Experience Janice Ryan is an associate attorney at Venable LLP in Washington, DC, where she focuses her practice on advising clients on all aspects of state and federal political law, including campaign finance, lobbying disclosure, gift and ethics rules, pay-to-play laws, and tax implications of political activities. Ms. Ryan develops comprehensive political compliance programs tailored to clients’ needs, and assists clients to implement those programs on an ongoing basis. Ms. Ryan helps clients navigate the complex web of state and federal political laws with practical advice based on clients’ particular goals and activities. In addition to counseling clients on political law matters, Ms. Ryan counsels trade and professional associations, public charities, private foundations, and other nonprofits on a wide variety of legal topics, including political activities, tax exemption, corporate governance, antitrust, and transactional matters. 2 ©2016 VenableLLP What We’ll Cover Section I: Introduction Section III: Independent Expenditures and Super PACS • Limits on campaign activity • Independent Expenditures • Contributions v. expenditures • Funding Super PACs • Contribution limits • Independence • Tax considerations • Disclaimers • Disclosure Section II: PACS • Key Terms • Solicitation Rules Questions? • Successful Solicitations • Disclosure • Operations & Governance • Using the PAC 3 ©2016 VenableLLP SECTION I: Introduction 4 ©2016 VenableLLP Campaign Finance Basics Federal law: • Distinguishes between contributions & expenditures • Limits individual contributions • Restricts or prohibits contributions from other entities • Requires contributions to be disclosed • Prohibits reimbursing contributions or using “straw donors” • Allows for unlimited independent expenditures 5 ©2016 VenableLLP Contributions versus Expenditures Contributions Expenditures • Monetary support given directly • Spending money to support to a candidate, PAC, or party candidates, PACs, or parties done without coordinating • In-kind support (discounts, etc.) given directly to candidate, PAC, • If coordinated, becomes a or party contribution • In-kind activity for the benefit of a candidate, PAC, or party done at the request or suggestion of the candidate, PAC, or party 6 ©2016 VenableLLP Basic Campaign Contribution Rules Corporations •Federal: may not give •State: laws vary Foreign Nationals •Prohibited at federal, state, and local level •May not control political activities Contractors •Federal: banned (but applies mostly to individuals) •State: restricted by many state and local laws Reimbursements •Prohibited at federal, state, and local level •Earmarking through other entities often restricted 7 ©2016 VenableLLP Corporate Contributions • Corporate contributions to federal candidates, PACs, parties are prohibited • Corporate resources may not be used to facilitate fundraising (except in connection with a PAC) including: – Using subordinates – Paying event costs – Collecting contributions • But:corporations may form PACs to support candidates • Some states allow corporate contributions • CitizensUniteddid not change “everything” – Allows corporations to make independent expenditures – Few corporations do so; most independent expenditures funded by individuals 8 ©2016 VenableLLP State Corporate Contributions to Candidates Washington Montana NorthDakota Maine Minnesota Oregon NewHampshire Wisconsin Vermont Idaho SouthDakota NewYork Massachusetts Wyoming Michigan RhodeIsland Iowa Pennsylvania Nevada Nebraska Connecticut Ohio Utah Illinois Indiana NewJersey Colorado WestVirginia Delaware Kansas Missouri California Virginia Maryland Kentucky NorthCarolina Tennessee Arizona Oklahoma Arkansas Hawaii NewMexico SouthCarolina Unlimited Alabama Georgia Mississippi Texas Subject to Limits Louisiana Florida Prohibited Alaska ©2016 VenableLLP Federal Contribution Limits To a National To a Party To State and Candidate To a PAC Committee Local Parties Individual May $2,700 $5,000 $33,400 per $10,000 per Give per per year year* year election Multicandidate $5,000 $5,000 $15,000 per $5,000 per PAC May Give per per year year* year election Non- $2,700 $5,000 $33,400 per $10,000 per Multicandidate per per year year* year PAC May Give election *Additional amountsmaybe giventoconvention,building, and legal funds 10 ©2016 VenableLLP
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