Today, the Campaign Legal Center, joined
by Democracy 21, filed a complaint with the Federal Election Commission
(FEC), against Rick Santorum and campaign staffers for directing a
donor to make a $1 million campaign contribution to a super PAC
supporting Santorum’s 2012 presidential run. Federal candidates
and their staff are prohibited by the McCain-Feingold law’s “soft
money” ban from directing more than $5,000 to a super PAC.
According to a published report, energy executive Bill Doré told
Santorum at a January 2012 dinner meeting that he wanted to contribute
$1 million to Santorum’s campaign. Given that contributions to
federal candidate campaigns are limited to $2,500, Doré
reportedly stated in an interview that either Santorum or unnamed
staffers told Doré to send his $1 million check to the Red,
White and Blue Fund super PAC.
“Mr. Doré’s account of his interaction with Mr. Santorum and his
staff, if true, reveals a clear violation of federal campaign finance
law,” said Paul S. Ryan, Campaign Legal Center Senior Counsel.
“Federal law prohibits candidates and their staff from directing more
than $5,000 to a super PAC and either Mr. Santorum or his staff
seemingly directed a $1 million contribution to the Red, White and Blue
Fund.”
A recent report by the Sunlight Foundation Reporting Group’s Keenan
Steiner, The $1 million dinner: When big donor Bill Dore meets Rick
Santorum, based on several interviews with Doré, outlines
this apparent violation of federal law. According to the piece,
Bill Doré initially told the reporter that upon learning of
Doré’s willingness to make a $1 million contribution, Santorum
told him about the super PAC. After hearing the reporter’s
surprise regarding Doré’s account of his conversation with
Santorum, Doré reportedly backtracked and said it was
“Santorum’s aides” who did so and even provided a mailing address for
the Super PAC. Doré sent the million dollar check that
same day and ultimately contributed $2,250,000 to the super PAC over
the next two and a half months.
Federal law clearly states that a “candidate, individual holding
Federal office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established, financed,
maintained or controlled by or acting on behalf of 1 or more candidates
or individuals holding Federal office” shall not “solicit, receive,
direct, transfer, or spend funds in connection with an election for
Federal office . . . unless the funds are subject to the limitations,
prohibitions, and reporting requirements of this Act.” 2 U.S.C.
§ 441i(e)(1)(A) (emphasis added). FEC regulations define
“direct” to mean “guide, directly or indirectly, a person who has
expressed an intent to make a contribution, donation, transfer of
funds, or otherwise provide anything of value, by identifying a
candidate, political committee or organization, for the receipt of such
funds, or things of value.” 11 C.F.R. § 300.2(n).
An FEC advisory opinion issued in the wake of the Supreme Court’s
Citizens United decision, AO 2011-12, states emphatically that while
super PACs may accept unlimited contributions, the McCain-Feingold
law’s soft money restrictions and the federal law $5,000 contribution
limit remain applicable to federal candidate fundraising for super PACs.
Complaint [PDF]