The complaint alleges he violated rules prohibiting political candidates from spending “soft money” in federal elections.
A crusade finance watchdog filed a Federal Election Commission Tuesday against Florida Gov. Ron DeSantis, alleging the 2024 Republican presidential nominee illegally transferred or directed more than $80 million from a state political action committee to a super PAC supporting his bid for the White House.
The Campaign Legal Center (CLC) claims in its complaint that the State Committee’s reported budget move, formerly known as “Friends of Ron DeSantis,” to the pro-DeSantis Never Back Down super PAC violates regulations that prohibit political applicants from spending so much—called “soft cash” in cash in federal elections.
“For more than two decades, the Federal Election Campaign Act (“FECA”) has prohibited federal applicants like DeSantis, and their agents and entities that establish, finance, maintain, or control, from spending ‘soft money,’ including, for example, cash raised through non-federal committees and organizations that are subject to federal crusade financial legislation, in connection with a federal election. “Read the complaint.
“The transfer of this colossal sum from a state PAC that DeSantis created and used to raise more than $225 million to a federal committee that has spent and plans to continue spending millions of dollars on DeSantis’ own crusade is a blatant attempt to circumvent federal laws. cross-financial regulations that are critical to preventing corruption and generating transparency about how our federal elections are funded,” the filing continues.
CLC announced the complaint days after DeSantis officially unveiled his presidential crusade in a flawed Twitter livestream with billionaire Elon Musk.
Saurav Ghosh, director of financial reform for the federal crusade at the CLC, said in a statement that “indirect cash undermines federal crusade financial legislation because it is, by definition, cash collected and spent outside the scope of legislation. “
“We’re talking about the billionaires’ budget and the special corporate interests that can exert great influence over the candidate they’re funding,” Ghosh said. prevent corruption, promote transparency and make sure that wealthy vested interests cannot manipulate the formula in their favor. “
The FEC is similarly split between Republicans and Democrats, and the firm has followed up on recent court cases alleging cross-funding violations through prominent political figures, adding former President Donald Trump, also nominated for 2024.
DeSantis’ crusade insists he did nothing illegal because the governor is no longer officially the best friend related to the state PAC that until recently bore his name. The committee is now called “Empower Parents PAC” and is chaired by Republican Sen. Blaise Ingoglia, a best friend of DeSantis.
Critics scoffed at the concept that the state’s PAC resolution to move tens of millions of dollars to a pro-DeSantis super PAC, which is prohibited by law from coordinating with a candidate, would be done independently of DeSantis. Never Back Down is executed through some of the Florida governor’s “closest friends,” according to the Wall Street Journal.
“The idea that Ron DeSantis no longer controls or is no longer related to the ‘Friends of Ron DeSantis’ is absurd,” journalist Judd Legum wrote earlier this month in his Popular News newsletter. “And the idea that the money was kept through the Friends Ron DeSantis’ willingness to move his budget to Never Back Down independently of DeSantis is not credible. “
In its complaint, CLC notes that on the same day DeSantis launched his campaign, “PAC never demonstrated that it had won or will soon get $80 million from the Friends of Ron DeSantis, and that the super PAC had factored this major contribution, comprising 40% of its budget—into its plans.
The complaint refers to a May New York Times article reporting that the senior Never Back Down official said they “expect to have an overall budget of at least $200 million, adding more than $80 million to be transferred from a previous DeSantis state political account. “
In fact, for weeks before DeSantis’ candidacy was announced, Never PAC officials allegedly “told donors they intended to push the boundaries” of the super PACArray by making plans to raise and spend “approximately $200 million” for DeSantis’ presidential campaign, adding that “the more than $85 million DeSantis has in a state fundraising account. “that is, the friends of Ron DeSantis,” the complaint says. “PAC has never used and/or does not intend to use this pocket money in a federal election by making more than $944,000 in standalone spending for DeSantis. “
Further mocking the crusade’s financial regime instituted through the Supreme Court’s Citizens United decision, the pro-DeSantis super PAC allegedly “raised $500,000 on a separate appropriations committee that is expected to be transferred to [the Florida governor’s] crusade in the coming days. “
CBS News reported over the weekend that Never Back Down “encouraged donors to make an online contribution to the ‘DeSantis Draft 2024 Fund,’ a super PAC created in early March to space out DeSantis donors’ cash until his crusade is launched. Super PACs can raise unlimited funds, however, they are considered expenses only, meaning they cannot give a contribution directly to a candidate.
Ghosh, a former FEC attorney, expressed dismay over the fundraising program in a series of tweets Sunday.
“Super PACs, required by law to remain ‘independent’ of applicants, now raise money for presidential crusades. When the Supreme Court, in Citizens United, struck down longstanding crusade financial legislation and opened the door to large outside spending and super PACs, the justices said those expenses would not cause corruption because they would be independent of the applicants.
“So much for that,” he added.
Jake Johnson is a member of Common Dreams. Follow him on Twitter: @johnsonjakep.
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