“A New Approach to Coordination Between Super PACs and Candidates in Political Fundraising”

New Harvard Law Review note:

Employing the principles of the state campaign finance regimes, section III.A proposes a potential framework for the FEC and state election agencies to use in redefining existing understandings of “coordination” to account for coordinated fundraising between candidates and Super PACs. The framework proposed by this Note attempts to limit the threat of corruption while maximizing First Amendment protections by prohibiting candidates from attending Super PAC fundraisers, soliciting contributions for Super PACs, sharing fundraising consultants with Super PACs, and providing lists of supporters for use in Super PAC fundraising. Section III.B argues that this proposal would be a permissible regulation of campaign finance under the Supreme Court’s established justification of preventing quid pro quo corruption or the appearance of such corruption.

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