August 24, 2011 •
FEC Agrees Not to Enforce Some Laws Against NDPAC
The Federal Election Commission has entered into a Stipulated Order and Consent Judgment with the National Defense PAC (NDPAC) agreeing not to enforce some provisions of law regarding contribution limits for political committees and candidates.
These provisions, 2 U.S.C. §§ 441a(a)(1)(c) and 441a(a)(3), were ruled unenforceable by the District Court in a prior decision, Carey v. FEC. Prior to the District Court’s decision, the FEC had been unable to issue a binding resolution for an earlier NDPAC advisory opinion request.
As a single committee, the NDPAC may now contribute directly to candidates and political committees, and make independent expenditures, separating the funds only by using two separate bank accounts. It must maintain the statutory limits on the solicitation of funds used for direct contributions while it may simultaneously seek unlimited funds for use in their independent expenditures. While the Stipulated Order and Consent Judgment specifically regards the FEC withholding enforcement of the law as it applies to NDPAC, it does not address other PACs utilizing the same procedures for solicitation and separation of funds.
This post updates a previous article by George Ticoras, “One PAC is Enough” from June 15, 2011.
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