Establish PAC


ARE YOU READY TO ESTABLISH A PAC?

The decision to form a political action committee-a PAC- is a serious matter. Typically, there will be opposing viewpoints as to the value of getting involved in the process of raising money to support candidates for elective office. Our advice to prospective clients is to proceed cautiously and seek a realistic consensus before committing. Keep the dialogue open and give all affected the opportunity to make the case for or against, and only then proceed when there is consensus that establishing a PAC has the backing needed to produce a successful outcome. The worst possible scenario is one in which the decision to form a PAC is made in a vacuum and lacks the commitment of those individuals who will be tasked to “sell” the PAC to potential participants.

As this process advances, some specific questions need to be addressed:

Q: Have the PAC’s objectives been established and can they be clearly articulated?

Q: Will the PAC only be involved in federal campaign activity, or is consideration being given to state and or local elections?

Q: Have the cost considerations been addressed? In addition to administration and compliance, there are costs of solicitation (fundraising) and event planning. Are there employees skilled in these functions, or will it be necessary to hire and/or train individuals to perform these tasks? Should consideration be given to outsourcing some or all of these functions?

Once the decision to form a PAC is reached, there are a number of legal and practical action steps to take:

  • Seek and receive Board direction and/or a corporate resolution to create a political action committee
  • Senior management forms a working group to:
  • Select a name for the PAC (legal requirement)
  • Apply for a federal Tax Identification Number (EIN) (legal requirement)
  • Open a bank account (legal requirement)
  • Designate a PAC Treasurer (legal requirement) and Assistant PAC Treasurer (optional-strongly recommended)
  • Register the PAC with the FEC (legal requirement)
  • Identify and name individuals to a permanent PAC governance committee (PAC Board)
  • Draft Articles of Association and By-laws
  • Establish the solicitable class (legal requirement)
  • Determine the PAC’s disbursement policies
  • Develop guidance on voluntary giving levels
  • Assign administrative duties to an employee OR retain the services of a PAC compliance service
  • Report back to Board/Senior management the results of this activity
  • Turn over responsibility to the permanent PAC Board to manage the affairs of the PAC
  • PAC Board assumes responsibility of managing the PAC
  • Develop a solicitation plan and notify the solicitable class of the PAC’s establishment and encourage voluntary participation
  • Identify candidates for PAC donations
  • Record and report receipts and disbursements to the FEC (legal requirement)
  • Issue periodic reports to the solicitable class about PAC activities
  • Create a website

The First Amendment underwrites the freedom to experiment and to create in the realm of thought and speech. Citizens must be free to use new forms, and new forums, for the expression of Ideas. The civic discourse belongs to the people, and the Government may not prescribe the means used to conduct it.

Justice Anthony Kennedy McConnell v. Federal Election Commission (2003)