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      FEC Record: Advisory opinions
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      AO 2012-34: Former candidate’s campaign may give unlimited contributions to Super PAC

FEC Record: Advisory opinionsAO 2012-34: Former candidate’s campaign may give unlimited contributions to Super PACDecember 13, 2012 A former Senate candidate’s campaign committee may use its leftover funds to contribute $10,000 or more to an independent expenditure-only committee. **Background** Mike Haridopolos was a candidate in Florida’s 2012 senatorial primary, but withdrew prior to the August 14 election. He was not a candidate in the 2012 general election and does not hold any federal office. As of June 30,
2012, his campaign committee, Friends of Mike H, reported more than $1 million in cash on hand. The campaign would like to contribute $10,000 or more to Freedom PAC, a nonconnected political committee that makes only independent expenditures (commonly referred to as a Super PAC). Freedom PAC does not make contributions to federal candidates or political
    committees. Freedom PAC also asked whether it may accept a contribution of $10,000 or more from Friends of Mike H. **Analysis** Under the Federal Election Campaign Act (the Act) and Commission regulations, candidates may use campaign funds for any lawful purpose—including making contributions to other political committees—but may not convert any campaign funds to personal use.
    11 CFR 113.2. Friends of Mike H plans to use some of its funds to make a contribution to Freedom PAC, a registered independent expenditure-only committee. Based on the facts of the request, there is no indication that the proposed contribution would
    result in the conversion of campaign funds to personal use or any other unlawful purpose. The amount of the proposed contribution will be $10,000 or more. Generally, contributions to nonconnected political committees are limited under the Act to $5,000 per year. 2 U.S.C. § 441a(a)(1). Courts have held, however, that the Act’s amount limitations
    are unconstitutional as applied to contributions that will be used solely to finance independent activity. *See SpeechNow.org  v. FEC*,
    599 F.3d 686, 696 (D.C. Cir. 2010) (*en banc*); *EMILY’s  List v. FEC*, 581 F.3d 1, 11 (D.C. Cir. 2009); *see also*Advisory Opinion 2010-11 (Commonsense Ten)
    (concluding that political committees may make unlimited contributions to independent expenditure-only committees). Consistent with these decisions, Friends of Mike H may contribute $10,000 or more of its excess funds to Freedom PAC. Date issued: December 6, 2012; 4 pages. **Resources:** Commission consideration of  AO 2012-34
    Information  on Super PACs
 Author
          Alex  Knott


Read next: AO 2012-36: Green Party of Connecticut
 Related: Explore campaign finance data »


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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