Reps. Khanna, Lee, Colleagues Unveil Bill to Abolish Super PACs

Abolish Super PACs Act would place limitations on contributions

Bill Text | One Pager 

WASHINGTON, D.C. – Today, on the anniversary of the SpeechNow.org v. FEC D.C. Circuit Court decision, Congressman Ro Khanna (CA-17), Congresswoman Summer Lee (PA-12), Congressman James P. McGovern (MA-02),  Congresswoman Pramila Jayapal (WA-07), along with Representatives Rashida Tlaib (MI-12), Chris Deluzio (PA-17), and Delia Ramirez (IL-03), introduced the Abolish Super PACs Act, legislation that seeks to put an end to super PACs in federal elections. The bill would place a $5,000 per calendar year limit on contributions to super PACs, effectively abolishing them. 

Billionaires, corporations, and other wealthy interests are currently able to make unlimited contributions to “super PACs” that are not controlled by candidates or political parties, even when they spend money to support or oppose specific candidates. These unlimited contributions to super PACs in federal elections often rise to the level of millions of dollars, presenting the threat of corruption in the political process and staggering influence by the ultra-wealthy.

“The American people are sick of the corruption and influence of money in politics. Our democracy shouldn’t be for sale,”  said Rep. Ro Khanna. “That’s why I don’t take a dime of PAC money. Abolishing Super PACs is a step toward giving everyone a voice — not just the ultra-wealthy. I’m proud to join Rep. Summer Lee to introduce this legislation to ban Super PACs. I’m grateful for Larry Lessig’s scholarship and voice on this issue.” 

“Campaign finance reform is long overdue. We’re seeing the effects of money in politics destroy our democracy at this very moment because billionaires have been allowed to buy their way into our politics and influence the outcome of our elections. This must end,” said Rep. Summer Lee. “The Abolish Super PACs Act is one step towards putting the power back in the hands of the people and dismantling the oligarchy our country is careening to. Campaign finance reform starts with Congress passing this legislation, and I am grateful to my colleagues and our advocates in the movement for their support of this critical bill.”

“A lack of limits on contributions to Super PACs allows corruption and dark money to run rampant in U.S. elections. It makes us more vulnerable to foreign interference. And it contributes to billionaire nepo baby Elon Musk being able to buy his way into our government and make a mockery of it. The time is now to stop the undue influence of dark money and special interests in our elections,” said Rep. James P. McGovern. “Our elected leaders should be chosen by the people with the strongest voices, not the billionaires with the deepest pockets. We can’t let the people who want to destroy our democracy keep getting away with this. The Abolish Super PACs Act would stop the out of control flow of unlimited money into our elections and return the power back to the people.”

“Our democracy should be of the people, by the people, and for the people – not for sale to the highest bidder,” said Rep. Pramila Jayapal. “In every cycle since the disastrous Citizens United and SpeechNow.org decisions, we have seen more and more special interest dark money poured into campaigns across the country – this year, with a billionaire paying millions to buy a seat as Shadow President. I’m proud to co-lead Rep. Lee’s Abolish Super PACs Act to cap contribution limits and ensure that our government isn’t beholden to donors.”

“Our system is corrupt. Super PACs spent a record-breaking $1 billion in dark money this past election cycle. When billionaires and special interest groups continue buying our elections, including seats in Congress, politicians will continue to be accountable to the needs of the rich and powerful instead of the people,” said Rep. Rashida Tlaib. “This is not democracy. It’s oligarchy. We need to pass the Abolish Super PACs Act and overturn Citizens United.”

The Supreme Court has long held that limits on contributions impose only a “marginal restriction” on free speech, and that states have a right to limit contributions to prevent the risk of quid pro quo corruption and the appearance of corruption. However, a wrongly decided 2010 DC Circuit Court of Appeals decision in SpeechNow v. FEC struck down contribution limits to political action committees engaged in making independent expenditures.

The appeals court said that because the Supreme Court ruled in Citizens United v. FEC that independent expenditures did not pose a risk of corruption, unlimited contributions to independent expenditure PACs could not pose a risk of corruption either. But the decision overlooked (1) the Supreme Court’s longstanding practice of distinguishing between contributions and expenditures and holding expenditures to a heightened level of scrutiny; and (2) the fact that even if anti-coordination laws prevent candidates and super PACs from reaching quid pro quo agreements, those same laws do not stop candidates and super PAC contributors from agreeing to a quid pro quo arrangement that involve funneling bribes through super PACs. 

This federal bill would be in line with the Supreme Court’s precedent upholding contribution limits, rather than the dubious SpeechNow decision of the federal appeals court.

A copy of the bill text can be found here, and a one-pager can be found here.

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