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      Types of nonconnected PACs

Types of nonconnected PACs The type of nonconnected PAC you form depends on what you want to do: make contributions to federal candidates, donate funds to state and local candidates and/or make independent expenditures to support or oppose federal candidates. Traditional A “traditional” nonconnected PAC may make contributions to candidates. If a federal PAC wants to donate funds to state and local candidates, it may use the federal PAC to make contributions on both federal and state levels (and subject to both sets of laws), or it can also form a nonfederal PAC for making contributions on a state and local level (subject to state laws). In addition to contributions and other financial assistance, a traditional nonconnected PAC may also distribute communications that support candidates and parties, including making independent expenditures. There are several types of traditional nonconnected PACs: A federal PAC without a corporate/labor sponsor that makes contributions to federal candidates.A leadership PAC formed by a candidate or officeholder.A federal PAC sponsored by a partnership or an LLC (or any other type of unincorporated business entity) that makes contributions to federal candidates. Group without corporate or labor sponsor If individuals act together as a group to conduct activities to influence a federal election, the group may become a “political committee.” In general, a group that raises or spends over $1,000 per year to influence federal elections must register, keep records on financial transactions and file reports on the committee’s activities. 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.
 
 Partnership PACs In addition to making direct contributions, a partnership may participate in federal elections by sponsoring a nonconnected political action committee (PAC). A partnership is limited in the amount of unreimbursed support it may give to its nonconnected PAC (for example, office space and phones) because such support is considered a contribution.
 Learn more about PAC sponsorship by partnerships and LLCs
 Super PACs Independent expenditure-only political committees or “Super PACs” are committees that may receive unlimited contributions from individuals, corporations, labor unions and other political action committees for the purpose of financing independent expenditures and other independent political activity. Hybrid PACs Political committees with non-contribution accounts or “Hybrid PACs” solicit and accept unlimited contributions from individuals, corporations, labor organizations, and other political committees to a segregated bank account for the purpose of financing independent expenditures, other ads that refer to a federal candidate, and generic voter drives in federal elections, while maintaining a separate bank account, subject to all the statutory amount limitations and source prohibitions, that is permitted to make contributions to federal candidates.
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          Registering as a nonconnected PACUnderstanding nonconnected PACsBank accounts for nonconnected PACsContributions to Super PACs and Hybrid PACs Need help? Get help from the FEC by phone or email
 Continue learning about this topic Forming a political action committee
 Legal citations Regulations 11 CFR 100.5(g)(5)Political committee; Affiliated committee 11 CFR 110.1(d)Contributions by persons other than multicandidate political committees; Contributions to other political committees 11 CFR 300.60(d)Scope 11 CFR 300.61Federal elections 11 CFR 300.62Nonfederal elections
 Advisory opinions AO 2011-12Candidate solicitations for independent expenditure-only committees AO 2010-11Nonconnected committee accepting corporate and union contributions to make independent expenditures AO 2010-09Establishment and administration of, and solicitations by, a political committee that is connected to 501(c)(4) corporation and only makes independent expenditures AO 2000-12Using campaign funds to pay convention expenses of former presidential candidates AO 1986-06PAC established by Vice President for party building and candidate support AO 1985-40Nonconnected PAC's expenditures for candidate's testing-the-waters activities AO 1982-63Check-off system used by law partnership to solicit PAC contributions AO 1978-12Formation of multicandidate committee
 Federal Register notices 68 Fed. Reg. 67013 (December 1, 2003)Explanation & Justification for final rules regarding Leadership PACs
 Press releases FEC statement on Carey v. FEC: Reporting guidance for political committees that maintain a non-contribution account


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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