Independent expenditure

An independent expenditure, in elections in the United States, is a political campaign communication that expressly advocates for the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with or at the request or suggestion of a candidate, candidate’s authorized committee or political party. If a candidate, his/her agent, his/her authorized committee, his/her party, or an "agent" for one of these groups becomes "materially involved", the expenditure is not independent.

The Code of Federal Regulations defined independent expenditure as an expenditure for a communication "expressly advocating the election or defeat of a clearly identified candidate that is not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee, or their agents, or a political party or its agents." 11 CFR 100.16(a). The term was first introduced in the Code of Federal Regulations in 2003

The Federal Election Commission defines an agent as someone who has "actual authority, either express or implied" to perform one or more of a list of actions on behalf of a campaign. It stipulates that an otherwise independent expenditure could be invalidated if an "agent" does something as simple as suggesting an advertisement be made. To prevent this, some groups claim that they sequester staff months before an election.

An organization making an independent expenditure must include a federally mandated disclaimer identifying the person or organization paying for the communication and stating that the communication was not authorized by a candidate or candidate’s committee.

Contributions are money, or their equivalent, that are given to someone to use. Candidates and groups then spend the money, or their equivalent, to pay for campaigns. The phrase "or their equivalent" is incorporated into definitions to account for other things of value. For example, a radio station that gives free air-time so a group can run an ad is making a contribution.

In recent years, a number of candidates have sought to bypass campaign finance rules by delaying their intention to run for office, instead forming so-called “exploratory committees.” Exploratory committees had been in existence well before the advent of super PACs, but are now increasingly used with the explicit intention of giving candidates a head-start in their respective campaigns. Ostensibly, they’re created as a means to “test the waters” of that potential candidate’s electability; in reality, and today more than ever, it enables them to raise money above what is set out in the federal candidate contribution limits and restrictions (which stipulates no more than $2,700 per individual donor, and no corporate/union funds) until they’ve officially declared their candidacy. This behavior has been challenged by legal analysts, most notably by the Senior Counsel at the Campaign Legal Center, Paul S. Ryan. He asserts that prior to the 2016 Presidential Primaries, “[Jeb] Bush, [Martin] O’Malley, [Rick] Santorum and [Scott] Walker [were] all raising funds above the $2,700 candidate limit, providing reason to believe they [were] violating federal law.” Ryan argues, “[They] have actually crossed the threshold to become ‘candidates’ as defined in federal law, by referring to themselves publicly as candidates and/or by amassing campaign funds that will be spent after they formally declare their candidacies.” Furthermore, by refraining from officially announcing their candidacies, they are essentially free to raise unlimited funds for their chosen super PAC, and both ‘coordinate’ with and guide that super PAC in any way they see fit. This allows potential candidates-to-be to drum-up support and publicity, as well as stockpiling funds for their nominated super PAC, well in advance of whichever campaign they’re looking to contest.

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Wikipedia