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Covington helped pioneer the legal rules governing the creation and operation of Super PACs, representing some of the earliest and largest Super PACs. We have extensive experience with all of the key issues Super PACs confront, including coordination, firewalls, fundraising and working with allied 501(c)(4) organizations. The Election and Political Law Practice Group also advises politically active individuals, major donors, and organizations that work with Super PACs.
We have helped clients create and operate Super PACs that are active in federal and state elections, including Presidential, Senate, and House races, as well numerous state races. Covington lawyers have helped all of these clients navigate an area of law that is still developing, in elections where the stakes are high.
Federal and state election law compliance
Advise a major national Super PAC, as well as its allied social welfare organization, concerning a wide range of federal and state election law compliance issues.
Covington supported the Advisory Opinions that defined the rules for Super PACs
Covington argued in support of creating a place in the regulatory regime for Super PACs, filing comments in support of the prevailing parities in FEC Advisory Opinions 2010-09 and 2010-10.
Counsel to the Super PAC supporting President Obama’s re-election
Served as counsel to one of the most significant Super PACs in the 2012 presidential election campaign, which succeeded in raising and spending over $75 million.
State Super PAC
Advise major state Super PACs in New York, New Jersey, and Pennsylvania on campaign finance and tax-exempt organization law issues.
State and local Super PAC
Provide election law and tax-exempt organizations law advice to a Super PAC operating at the state and local level in Illinois.
Chevron FEC enforcement matter
Obtained dismissal of an FEC complaint against Chevron alleging contributions to a Super PAC were illegal under the federal law banning political contributions by federal government contracts.
May 23, 2016, Covington Alert
As we move toward the 2016 general election, campaign activity at the federal, state, and local levels continues to heat up. Super PACs again promise to play a prominent role in federal races, while at the same time impacting a wider range of non-federal races further down the ballot.
May 12, 2016, Covington Alert
Corporate mergers and acquisitions often overlook political law compliance issues—including whether the acquired company has a PAC—until after the transaction is complete and Day One has come and gone. We recommend considering PAC issues during the due diligence review to ensure there are no legal issues to be addressed in the acquired entity, and to prepare ...
April 29, 2016, Covington Alert
The Supreme Court’s decision in Citizens United expanded the rights of corporations to engage in political activity, particularly concerning their First Amendment right to express their views to the public about candidates for public office. With the upcoming 2016 presidential election and the increased use of mobile technology for personal political ...
April 13, 2016, Covington Alert
Federal Election Commission (“FEC”) regulations permit a corporation to communicate with its “restricted” or “solicitable class” on any subject, including electoral advocacy and political fundraising. See 11 C.F.R. § 114.3(a). This includes solicitations of contributions to the corporation’s PAC. We frequently see questions arising about who falls within the ...
When a candidate exits, what happens to the cash?
February 2, 2016, Marketplace
Robert Kelner speaks to Marketplace about what super PACS are able to do with leftover funds once candidates suspend their campaigns, in light of Martin O’Malley and Mike Huckabee’s exits from the 2016 presidential primaries. According to Kelner, “Super PACS have very wide discretion on what they can do with left over funds." He continues, “They can’t start ...
Back to Election and Political Law
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Corporate and Trade Association Political Activity
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Corporate Political Disclosure
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FEC Advice and Enforcement
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Foreign Agents Registration Act
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Government Affairs Compliance Reviews
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Lobbying and Campaign Finance Internal Investigations
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Lobbying Disclosure Act Compliance
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Pay-to-Play Law Advice
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Political Tax and Tax Exempt Organizations
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State and Local Enforcement
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Super PACs
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Vetting and Confirmation of Political Appointees