May 7, 2024
Opinion | DeSantis Finds a New Set of Laws to Ignore

Opinion | DeSantis Finds a New Set of Laws to Ignore

The transfer is only one of the ways Mr. DeSantis is pushing the limits of the campaign finance system. The super PAC supporting his presidential run, bearing the schoolboy name of “Never Back Down,” has made it clear that it has a dangerously broad view of what its role should be.

Up to now, the main role of super PACs in elections has been to run TV ads in favor of a candidate or against an opponent, with an unconvincing disclaimer in small print at the end that the ad sponsor is not associated with any campaign or candidate. Super PACs can take in contributions of unlimited size, so they’ve been a great vehicle for wealthy donors, unions and corporations to demonstrate loyalty to a candidate without bumping up against the $3,300 individual donation limit per election for giving directly to a campaign.

Those ads are bad enough, but Never Back Down is going much further by essentially taking over many of the main functions of the DeSantis campaign itself. As The Washington Post recently reported, the super PAC is opening office space in each of the early primary states, organizing a corps of door-knockers and volunteers, and launching a “Students for DeSantis” effort on university campuses, among other grass-roots organizing work. “This is going to be expansive and a completely different kind of super PAC,” Kristin Davison, the chief operating officer of Never Back Down, told The Post.

The Times reported that Never Back Down is preparing to spend more than $100 million on the DeSantis field operation, hiring 2,600 workers by Labor Day to “knock on the door of every possible DeSantis voter at least four times in New Hampshire, Nevada and South Carolina — and five times in the kickoff Iowa caucuses.” The report quoted another leader of the super PAC as saying that no one had ever tried an effort like this before.

One reason for that may be its dubious legality. No definition of a super PAC — technically defined as an “independent expenditure committee” (emphasis added) — can conceivably include that much detailed organizing work on behalf of a candidate, and it is impossible to imagine it can be done without silently coordinating with the “real” DeSantis campaign. By having wealthy donors, some of whom make multimillion-dollar contributions, pay for such fieldwork, the campaign can spend more money on things that only it can do, such as transporting the candidate and getting on 50 state ballots. That’s why donations given directly to a campaign, known as “hard money,” are much more valuable to a candidate, as well as being harder to raise because of the contribution limits.

But as Mr. DeSantis has demonstrated repeatedly in Florida, he’ll just blow past the guardrails of the law if it suits his purposes. In his latest attempt to shatter the concept of independence, his super PAC has been put to work raising money directly for Mr. DeSantis’s campaign.

Before the governor’s official announcement last month, Never Back Down raised $500,000 in hard money for a “draft committee,” all of which was to be transferred directly to the campaign once it became official, CBS News reported. For the draft committee, the super PAC limited contributions to the $3,300 limit, but by doing the work of fund-raising, and using its list of donors, the super PAC was in essence making a huge but unreported contribution to the campaign. One campaign finance expert described this effort by the super PAC as “unprecedented.”

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