[EL] a query about Super Pacs and Coordination

[Joe La Rue]

Prof. Askin,

In my view, 11 CFR 109.21(d)(3)'s "substantial discussion" requirement
refers to the particular message an independent expenditure committee
makes, not prior discussion that officials of the committee may have had
with a candidate about overarching themes. The fact that someone worked
closely with a candidate in the past does not mean that he will discuss
particular messages with the candidate in the present, which is what is
necessary for a particular message to be coordinated.

What's interesting to me is that even though a person knows what the "big
picture" message should be, that does not mean that he will communicate a
specific message in a way that benefits the one he is trying to help. Take,
for example, Missouri Senate candidate Todd Akin. I'm confident that he
knows what the GOP's position on abortion is. But that knowledge did not
help him when he communicated his specific message about abortion. He had
not "cleared" his specific message with the GOP, and his message caused
embarrasment to Mr. Romney and the GOP as a result.This is a good example,
I think, of how an uncoordinated, specific message may not be helpful to
the one the speaker wants to help. That, is one reason why there is no
danger of corruption when messages are produced independently of candidates.

Joe
___________________
*Joseph E. La Rue*
cell: 480.272.2715
email: joseph.e.larue at gmail.com


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On Thu, Sep 20, 2012 at 1:10 PM, Frank Askin <faskin at kinoy.rutgers.edu>wrote:

> can any one give me a succinct justification that Rahm Emanuel's new
> Super Pac will not be in coordination with the Obama campaign under
> 109.21?  As a former co-chair of the Obama campaign, who will be issuing
> public communications supporting Obama's candidacy won't the PAC easily
> satisfy both the content and conduct standards on 109.21?  Or is it
> necessary under (d)(3) that the specific "communication", not the
> general message have been discussed with the campaign or the candidate?
> FRANK
>
>
> Prof. Frank Askin
> Distinguished Professor of Law       and Director
> Constitutional Litigation Clinic
> Rutgers Law School/Newark
> (973) 353-5687
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> Law-election at department-lists.uci.edu
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>
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