Leadership PACs

Members of Congress and other political leaders often establish nonconnected committees, generally known as “leadership PACs,” to support candidates for various federal and nonfederal offices. A leadership PAC is defined as a political committee that is directly or indirectly established, financed, maintained or controlled by a candidate or an individual holding federal office, but is not an authorized committee of the candidate or officeholder and is not affiliated with an authorized committee of a candidate or officeholder. Leadership PACs do not include political party committees.

While these PACs may be associated with a candidate for federal office, they remain legally unaffiliated with the candidate’s principal campaign committee (also known as the candidate’s authorized committee) and operate under the same rules as other nonconnected committees. Any financial support to the leadership PAC from a candidate’s authorized committee is a contribution to the leadership PAC. Likewise, any support from the leadership PAC that could be paid by the candidate’s authorized committee is a contribution from the leadership PAC to the candidate.

Additional requirements apply to leadership PACs that do not apply to other nonconnected committees. Due to restrictions on the types of funds that federal candidates may raise and spend, any PAC that is directly or indirectly established, financed, maintained or controlled by a federal candidate may not solicit, receive, direct, transfer, spend or disburse funds in connection with an election for federal office, including Federal Election Activity as defined in 11 CFR 100.24, outside the limits and prohibitions of the Federal Election Campaign Act (the Act). Such a PAC may solicit, receive, direct, transfer, spend or disburse funds in connection with a nonfederal election, but only if the amounts and sources are consistent with state law, and the Act’s contribution limits and source prohibitions are observed.