Colbert Got the Coverage; But Other Super PAC Ruling Bigger News

The media circus at yesterday’s FEC hearing was due in large part to Stephen Colbert’s request to form a super PAC and fall under the media exemption, so he would not have to report in-kind contributions from his media entity, Viacom. (See yesterday’s blog post for a more detailed explanation.) However, what most people probably do not know is that the FEC considered another issue that has broader campaign finance implications.

An advisory opinion request, submitted on behalf of Majority PAC and House Majority PAC sough guidance on the permissibility of federal candidates and officeholders to solicit contributions on behalf of the super PAC. In a unanimous 6-0 vote, the FEC ruled it is permissible for candidates to solicit up to $5,000 on behalf of super PACs.

RNLA Board of Governors member, General Counsel of the James Madison Center for Free Speech, and Secretary/Treasurer/General Counsel of the James Republican Super PAC James Bopp Jr., comments:

We are pleased that the FEC has recognized that candidates and political-party officials may praise, endorse, and solicit for Super PACs. This means that Republican Super PAC can proceed with its plans and accomplish its goals.

This was probably the more important ruling in yesterday’s FEC hearing. Although Colbert’s super PAC received more media coverage, the ruling is limited, and will only apply to people of his stature. The FEC’s other ruling will open up the process to members of Congress to exercise their First Amendment rights to solicit money for super PACs. This ruling is proof that importance of laws is not determined by the amount of cameras or media coverage it receives.

To read the advisory opinion, go here.