Statement of Democracy 21 General Counsel Donald J. Simon: Newly Formed Herman Cain Super PAC Using Illegal Name
According to press reports, a new Super PAC was formed yesterday to support Herman Cain’s presidential campaign. The name of the Super PAC is “Americans for Herman Cain.” According to the PAC’s website (americansforhermancain.com), the PAC has registered with the FEC under this name as a “non-connected political committee” that “supports the Federal candidacy of Herman Cain for President” but is not “authorized by any candidate committee.”
The federal campaign finance laws state that “in the case of any political committee which is not an authorized committee, such political committee shall not include the name of any candidate in its name.” 2 U.S.C. 432(e)(4).
Candidate-specific Super PACs have become a huge problem in this year’s presidential campaign, and are being used as a way for a candidate’s supporters to evade the limits on contributions to candidates. The use of a candidate’s name in the name of the Super PAC takes this evasion even one step further, and crosses a clear line drawn in the law.<
