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      AO 2013-09 – PAC must meet three criteria for multicandidate status

FEC Record: Advisory opinionsAO 2013-09 – PAC must meet three criteria for multicandidate statusAugust 30, 2013 A political committee may not make contributions to a candidate in excess of $2,600 per election until it meets all three criteria for multicandidate status. **Background** Special Operations Speaks PAC (“SOS”) is a nonconnected hybrid political committee that registered as a political committee on July 2, 2012. It states that it has made contributions to three federal candidates and has “thousands of grassroots contributors.” SOS contributed $2,600 to the campaign of Col. Robert Maness — a 2014 candidate for the U.S. Senate from Louisiana. The committee wants to contribute an additional $2,400 to the campaign, and the campaign would like to accept the additional contribution. **Analysis** Under the Federal Election Campaign Act (the Act) and Commission regulations, non-multicandidate committees may contribute up to $2,600 per election to a federal candidate during the 2013-14 election cycle. 2 U.S.C. § 441a(a)(1)(A); see also 11 CFR
        110.1(b). A multicandidate committee may contribute up to $5,000 per candidate, per election. 2 U.S.C. § 441a(a)(2)(A); see also 11 CFR 110.2(b). Recipient candidates cannot knowingly accept any contribution that exceeds these limits. 2 U.S.C.
        § 441a(f); see also 11 CFR 110.9. The Act defines a multicandidate committee as a political committee that has: Been registered with the FEC for at least six months;
    Received contributions from more than 50 persons; and
    Made contributions to five or more candidates for federal office. 2 U.S.C. §441a(a)(4); see also 11 CFR 100.5(e)(3) (defining “multicandidate committee”). SOS  has been registered with the Commission as a political committee for more than six months and has received contributions from more than 50 persons, but it has made contributions to only three federal candidates. Nevertheless, SOS believes it
    should be given multicandidate status, because it has found only three candidates who fit the group’s mission. Based on the statute and regulations, the Commission concluded that the committee must meet all three criteria for multicandidate status. As a result, SOS is subject to the contribution limits of section 441a(a)(1)(A), and may not make contributions to
    any candidate with respect to any election which, in the aggregate, exceed $2,600. Moreover, candidates such as Col. Robert Maness, may not knowingly accept contributions from SOS that exceed $2,600 per election. *Date issued: August 22,  2013; Length: 4 pages.* **Resources:** Advisory       Opinion 2013-09[PDF; 4 pages]Commission discussion       of AO 2013-09Advisory       Opinion 2012-32(similar Advisory Opinion) [PDF; 4 pages]Commission discussion of AO 2012-32
 Author
          Alex  Knott


Read next: AO 2013-08 – American Veterinary Medical Association
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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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