Stop Super PAC-Candidate Coordination

Summary#

This bill would change parts of the Federal Election Campaign Act (FECA) to treat many outside payments that are coordinated with candidates as contributions to those candidates. It adds a new Section 325 to define "coordinated expenditures," "covered communications," and what counts as coordination. The new rules say a payment is a coordinated expenditure if it is made in cooperation, consultation, concert with, or at the request or suggestion of a candidate, the candidate's authorized committee, a political party committee, or their agents. Republishing or distributing campaign material made by a candidate or committee also counts. The bill lists exceptions for news stories and some debates. It describes detailed factors that can make an outside group a "coordinated spender," including formation or control ties to a candidate, fundraising by the candidate on the group's behalf, shared advisers, recent professional services for the campaign, or close family connections. A "covered communication" is a public communication that expressly advocates election or defeat, promotes or attacks a candidate, or refers to a candidate during set election-period windows (120 days for general elections, 60 days for primaries). The bill sets penalties for knowingly and willfully making a contribution that is a payment for a coordinated expenditure: a fine equal to either 300% of the amount that exceeds the applicable contribution limit or 300% of the entire payment if the person is completely prohibited from contributing. It would repeal current Federal Election Commission (FEC) coordination regulations 90 days after enactment and require the FEC to issue new regulations. The core amendments would apply to payments made 120 days after enactment. The bill also expands the existing ban on federal candidates and officeholders fundraising for certain outside groups. It would bar soliciting, receiving, directing, or transferring funds to any political committee or certain section 527 organizations that accept donations that do not follow FECA limits, prohibitions, or reporting rules (with a stated exception for committees of state or local parties and candidates for state or local office). That fundraising change would apply to elections after January 1, 2026.

What it means for you#

  • If an outside person or group makes a payment that meets the bill's definition of a "coordinated expenditure," that payment would be treated as a contribution to the candidate and would be subject to FECA contribution limits and prohibitions.
  • The bill defines many ways a payment can be considered coordinated, including direct consultation with a candidate or republishing candidate-made material. It also lists factors that make an organization a "coordinated spender," such as formation ties, shared advisers, or fundraising help from the candidate.
  • Candidates and federal officeholders would be prohibited from soliciting or directing funds to committees or certain 527 organizations that accept donations that fail to follow FECA limits, prohibitions, or reporting rules (except for certain state or local party or candidate committees).
  • The FEC would be required to repeal its current coordination regulations and write new regulations reflecting these changes. The new contribution treatment applies to payments made 120 days after the bill becomes law.

Expenses#

No publicly available information on government implementation costs or budget estimates. The bill does specify penalties: a person who knowingly and willfully makes a contribution that is a payment for a coordinated expenditure would be fined either 300% of the amount by which the payment exceeds the applicable contribution limit or 300% of the total payment if the person is otherwise prohibited from contributing. Directors, managers, or officers of an entity subject to such a penalty may be jointly and severally liable for unpaid amounts.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.