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Court: Super PAC not independent enough

July 2, 2014, Politico

Covington partner Rob Kelner is quoted regarding a federal appeals court ruling that free-spending political groups can lose the right to make unlimited expenditures in certain situations.

“We’ve all understood that a super PAC needs to operate in an environment where it is not coordinating with candidates,” said Robert Kelner, chair of Covington and Burling’s election and political law practice group.

“The court here focused on the fact that allegedly there was some co-mingling of funds between the super PAC and the other committee, said Kelner. In short, the court ruled that “they’re a hybrid PAC that’s not following the rules,” Kelner said.

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