PAC Setup & Management
Political Action Committees (PACs) are incredibly impactful ways to promote and advocate for the mission of your organization. Generally, PACs are formed to create a new development aspect for industry growth and increased name recognition.
Super PACs, officially known as "independent-expenditure only committees", may not make contributions to candidate campaigns or parties, but may engage in unlimited political spending independently of the campaigns.
Unlike traditional PACs, they can raise funds from individuals, corporations, unions, and other groups without any legal limit on donation size.
WHY FORM A PAC
Forming a political action committee for your organization not only offers the opportunity to advance your mission, but to create a public footprint. Your PAC could influence public opinion and State or Federal elections. We have identified some of the more impactful reasons for forming a PAC – see below:
PACs offer an organization to self-promote, while contributing to public dialogue about a specific policy issue they have stake in. When advocating for your organizations mission in public, a PAC allows for individuals to show their support. Individual donors, corporations, and unions can get behind your PAC through fundraising and development, volunteerism, and widespread promotion.
HOW CAN WE HELP YOU
We are offering to help you form a customized PAC, facilitate operations, access to the media, event planning and venues, fundraising opportunities, and policy analysis and development. Your organization can continue operating normally, while your PAC separately promotes and advocates for increased access to and facilitation of your services on a broader scale.
We are here to bring your message to the forefront of public debate and advocate for the issues that will grow your organization, while establishing a presence and influencing dialogue.
What can you do with your Super PAC ?
A Super PAC, or independent expenditure-only committee, can either be used to support a candidate or a cause. By utilizing the strength political fundraising can give you, your Super PAC can develop policy, strategize nationwide media campaigns, increase access to the press, and partner with organizations who are like-minded to influence national elections.
PACs offer a unique opportunity to grow your brand, advocate for policies that matter to you, and bring people into the political conversation that have otherwise been disenfranchised. We have put together how me can help your PAC function effectively to optimize visibility and impact:
Brochure: We will create an effective PAC brochure and enrollment card that conveys a central and compelling message on the importance and value of the PAC program to your organization and your people.
Web Site: We will design a password-protected Web site as a dynamic tool for PACs to communicate with and solicit members of the restricted class. A Web site gives your eligible class the ability to access information about the PAC in real time, receive e-mails via the Web site, and contribute. The ultimate goal is to get all PAC eligible to know about the site for additional information and to use it on their own when they want information about the PAC and political developments affecting your organization.
Newsletters: We will utilize venues such as informational articles in your organizations newsletter or a PAC newsletter we might establish. Don’t limit yourself.
Electronic Communications: We will make the most of electronic communications. Using e-mail enables you with the click of a button to educate a broad base. Weekly emails will go out to your donor lists to seek external funding for multi-media campaigns we strategize.
Special meetings and events: We will use our relationships and partnerships to hold events. The National Press Club in Washington, D.C. is a premier venue where press briefings, donor events, internal meetings, and exclusive dinners will take place to expand your initiative. We will motivate and educate individuals in your restricted class through special meetings or events featuring political speakers, elected officials, or candidates. This adds a personal touch and is a value-added activity. These tools are key to communicating your message.
Advisory Board: One of the greatest assets of a political action committee is the formation of an Advisory Board that is comprised of experts and industry leaders that are committed to a common goal. We are able to bring together a group of individuals who will commit themselves to promoting the mission of your PAC and expand its reach.
What are Super PACs ?
Super PACs, officially known as “independent-expenditure only committees”, may not make contributions to candidate campaigns or parties, but may engage in unlimited political spending independently of the campaigns. Unlike traditional PACs, they can raise funds from individuals, corporations, unions, and other groups without any legal limit on donation size.
According to FEC advisories, Super PACs are not allowed to coordinate directly with candidates or political parties. This restriction is intended to prevent them from operating campaigns that complement or parallel those of the candidates they support or engaging in negotiations that could result in quid pro quo bargaining between donors to the PAC and the candidate or officeholder. However, it is legal for candidates and Super PAC managers to discuss campaign strategy and tactics through the media.
How to form your PAC ?
Select a name. The Super PAC’s name must appear in public filings and in most public communications in the form of a “paid for by” statement. At a minimum, some initial screening should be done to determine the likelihood of trademark challenges to the PAC’s name, logo, and slogans.
Determine governance structure. While not required, it’s recommend that Super PACs incorporate for liability purposes. Donors also often like to see the PAC run by a board with fiduciary obligations responsible for determining how the money will be spent, rather than a hired political consultant who may have a strong incentive to spend money in a way that is beneficial to the consultant. As an incorporated entity, the Super PAC will need articles of incorporation, bylaws, and organizing resolutions. The Super PAC will also need to designate a registered agent to accept service of process.
Open a bank account. The Super PAC must open a bank account in its own name, through which all receipts and disbursements should be made. To open the account, the Super PAC will need an Employer Identification Number (EIN) from the Internal Revenue Service. This can be obtained for free on the IRS website.
Select a treasurer. The Super PAC must appoint a treasurer who is legally responsible for safeguarding PAC funds and ensuring that the PAC files timely and accurate reports. A PAC may not receive or disburse funds if there is a treasurer vacancy.
Prepare and file initial registration with the FEC. To officially launch your super PAC you will need to file what’s called a Statement of Organization, or Form 1, with the Federal Election Commission. Check box 5(f) under “Type of Committee.”
A federal Super PAC may accept contributions in unlimited sums from individuals (U.S. citizens or green card holders) and other groups or business entities, including corporations and unions. However, federal political committees, including Super PACs, are prohibited from accepting contributions from foreign nationals and federal government contractors.
Super PACs may not make expenditures at the request or suggestion of a candidate, campaign, or political party, or use nonpublic information obtained from a candidate, campaign, or political party in connection with media strategy, development, or production. Likewise, a Super PAC may not republish campaign materials prepared by a candidate, campaign committee, or political party, except for a brief quote to illustrate a candidate’s position or certain other limited purposes. The coordination ban also applies to interactions with agents of the candidate and campaign finance entity of a candidate, such as common vendors and employees (present and former).
Coordination may cause the Super PAC’s disbursement to be considered an illegal, in-kind contribution. Such activity can lead to intrusive investigations, significant penalties, and even criminal prosecution. To minimize these risks, every Super PAC should adopt and implement a coordination policy, provide training regarding the policy to its employees and vendors, and exercise care in its interactions with candidates, campaigns, and political parties.
Advertising and Legal Disclaimers
Public communications by Super PACs must include “paid for by” disclaimers in compliance with FEC rules. The specific disclaimer requirements vary considerably, depending on the communication medium. Any automated phone calls must also comply with sponsorship identification and other restrictions promulgated by the Federal Communications Commission, and may also be subject to state law requirements.
Reporting and Compliance
Super PACs are subject to the same reporting obligations as traditional federal PACs. During an election year, the Super PAC must file reports with the FEC disclosing all receipts and disbursements on either a monthly or quarterly schedule. Quarterly filers must also file pre-primary reports 12 days before every primary in which the PAC is active. Super PACs must also file 24- or 48-hour reports disclosing certain expenditures made just before an election. Given the short turnaround time for these reports, it is important to have good accounting systems in place to make certain that the reports are accurate and filed on time.
Federally registered Super PACs are automatically tax-exempt under Section 527 of the Internal Revenue Code, and generally have no filing obligations with the Internal Revenue Service. However, a Super PAC must file Form 1120-POL with the IRS and pay any associated tax for any year in which the organization has investment or similar taxable income over $100.