Last Friday, the Republican Super PAC (RSPAC) submitted comments on the advisory opinion request of Majority PAC and House Majority PAC. On May 19, the two Democratic PACs asked the Federal Election Commission for an advisory opinion approving their plan to receive lawful federal contributions solicited by federal candidates, officeholders, and national political party officials. In its comments, RSPAC explained why the PACs' planned activities are legal.
The so-called super PACs are federal political committees that only do independent expenditures (communications expressly advocating for or against candidates). Super PACs are constitutionally entitled to receive contributions unlimited in amount and from corporations and unions.
The Democratic super PACs are concerned that certain individuals may not be able to solicit for them because of a ban on their soliciting soft money, funds not governed by FECA. Because super PACs may receive contributions unlimited in amount and from corporations and unions, the Democratic PACs are concerned that super PAC contributions might be soft money for soliciting covered officials. RSPAC explained that the planned solicitations are not for soft-money, but hard money since they are for a federally-regulated political action committee.
James Bopp, Jr., RSPAC's Treasurer and General Counsel, stated: “The Democratic Super PACs' planned activities are already legal and the FEC should act swiftly to affirm that truth.”
James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society.