Arent Fox Counsel Brett Kappel Quoted in The Washington Post “New ‘Super Pacs’ bringing millions into campaigns”

    September 28, 2010

    By Dan Eggen and T.W. Farnam

    WASHINGTON, DC – SEPTEMBER 28, 2010 — Arent Fox counsel Brett Kappel was quoted in a front-page Washington Post article on the recent emergence of so-called “Super PACs,” which are described as “new political weapons” that are allowing “independent groups to both raise and spend money at a pace that threatens to eclipse the efforts of political parties.”

    The super PACs were made possible by two court rulings, including one early this year by the Supreme Court, that lifted many spending and contribution limits. The groups can also mount the kind of direct attacks on candidates that were not allowed in the past.

    Three dozen of the new committees have been registered with the Federal Election Commission over the past two months, including such major players as the conservative Club for Growth, the Republican-allied American Crossroads and the liberal women's group Emily's List.

    FEC records show that super PACs have spent more than $8 million on television advertising and other expenditures, almost all of it within the past month. Groups favoring GOP candidates have outspent Democratic supporters by more than 3 to 1, mirroring an overall surge in spending by the Republican Party and its allies in recent weeks, records show.

    The new committees are part of a complicated patchwork of fundraising operations that fuel political campaigns. They range from committees formed by individual candidates to the political parties and interest groups. The system relies heavily on political action committees, or PACs, which are mostly used to donate funds to individual campaigns and must adhere to strict limits on donations.

    [T]he model offers a number of clear advantages. Unlike regular political action committees, there are no limits on how much money can be raised or spent. And unlike some other types of committees, super PACs can explicitly urge voters to oppose or support a candidate in an election.

    “For people who want to get involved in the election and don't mind doing it openly and transparently, this is the route they're going,” said Brett Kappel, an election lawyer at the law firm Arent Fox. “The people who are more bashful are giving to nonprofits.”

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