Friday, August 26, 2011

New FEC ruling permits Ron Paul to speak and raise funds for Super PAC

Alexander Burns of Politico recently reported on a new FEC Ruling that creates a stunning opportunity for Ron Paul to put his weight behind the Revolution Super PAC. In the article Burns quotes Peter Stone’s report from the Center for Public Integrity:

“The FEC in its advisory ruling last month reaffirmed that members of Congress and presidential candidates can attend and speak at events hosted by independent super PACs, but they are personally not allowed to solicit the unlimited funds, only contributions up to $5,000 per year.”

This revelation was also affirmed recently by Politico’s Kenneth Vogel:

“Under the ruling, they can even attend fundraisers for them at which unlimited checks are collected “so long as the officeholders, candidates, and officers of national party committees restrict any solicitations they make to funds subject to the limitations, prohibitions, and reporting requirements” of federal campaign laws.”

Restore our Future, the Super PAC formed by Mitt Romney supporters, raised over 12 million dollars when Romney simply stood behind his PAC. Ron Paul now has the opportunity to challenge Romney’s Super PAC by simply speaking and soliciting support for the Revolution PAC. The question remains, will he?

In a quote to Vogel, Jesse Benton, Ron Paul’s Campaign Chairman took a hard line against any communications with the PAC, “The expert legal advice I received was that all contact must be avoided, and failing to do so would put Dr. Paul, our campaign and the PAC organizers in jeopardy of civil and criminal penalties.”

The FEC issued a press release on the Ruling known as “Advisory Opinion 2011-12” that explicitly concluded:

“Federal candidates and officeholders and officers of national party committees may solicit contributions up to $5,000 from individuals and federal political committees on behalf of the PACs.”

The Commission further concluded:

“Consistent with current Commission regulations, that federal officeholders and candidates and officers of national party committees may attend, speak at and be featured guests at fundraisers at which unlimited individual, corporate and labor organization contributions are solicited to make contributions to the PACs, so long as they restrict any solicitation they make to funds subject to the limitations, prohibitions and reporting requirements [under section 441(e)] of the Act.”

FEC law prohibits the Ron Paul Presidential Campaign to have “coordinated communication on independent expenditures” with the Revolution PAC, meaning they can’t tell the PAC how to spend money they raise. However this ruling opens the door for communication to begin, allowing Ron Paul to fully support and solicit contributions for the Revolution PAC’s efforts.

Given the weight of this ruling “contact” would certainly occur between the Campaign and the Super PAC to coordinate solicitation of contributions and speaking engagements. This ruling removes any legal restraints that Benton has been advised on absolving him of the need to enforce his “all contact must be avoided” position.

Source: Revolution Super PAC press release

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