In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of Senator Lindsey Graham, to add a Super PAC to an existing joint fundraising committee named Graham Majority Fund.  Graham Majority Fund includes Team Graham, as well as Senator Graham’s leadership PAC, Fund for America’s Future, and the National Republican Senatorial Committee (NRSC).  Holtzman Vogel was proud to prepare this advisory opinion request on behalf of Team Graham.

Under the approved request, Graham Majority Fund may add a Super PAC as a participating committee.  The Super PAC, however, may not raise unlimited funds through the joint fundraising committee; rather, any funds raised by the Super PAC through Graham Majority Fund activities must be limited to federally permissible funds.  In other words, when fundraising through Graham Majority Fund, the Super PAC must observe the contribution limits and source prohibitions that apply to an ordinary federal PAC.  This limitation ensures that Senator Graham, his campaign committee, and the NRSC adhere to the soft money restrictions in federal law.

As approved by the FEC, the expanded joint fundraising committee may distribute public communications in the form of solicitations, invitations, and similar fundraising event announcements.  The joint fundraising committee’s participants may collaborate with respect to these fundraising event and solicitation materials, as well as coordinate scheduling logistics.  In addition, the joint fundraising committee participants may share data and information as required under their joint fundraising agreement and FEC regulations to ensure proper reporting and adherence to contribution limits.  As with any joint fundraising committee, the participants must share committee expenses proportionally from the fundraising proceeds.

Importantly, the collaboration authorized under the FEC’s advisory opinion must be limited to the joint fundraising committee’s activities.  Senator Graham and his campaign may not discuss the nonpublic campaign plans, projects, activities, or needs of Senator Graham or his campaign with the Super PAC.  Team Graham represented to the FEC that it will not make any coordinated communications with the Super PAC. 

This new advisory opinion is a significant expansion of the FEC’s fundraising rules and creates new opportunities for federal candidates, but with important limitations.  Any candidate that wishes to participate in a joint fundraising committee with a Super PAC should first consult with counsel to ensure that proper guardrails and internal processes are established to prevent improper coordination.