Super PACs are neither “Super” nor “PACs”

You may have seen the headlines about Crossroads GPS’ upcoming $25 million ad buy:

National Journal, Super PAC to Launch $25 Million Ad Buy Attacking Obama

U.S. News, Super PAC Dishes Out $25 Million for Anti Obama Ads

Talking Points Memo, Republican Super PAC Launches $25 Million Ad Campaign Against Obama

There’s just one problem: Crossroads GPS is not a Super PAC. It is, like the Center for American Progress Action Fund, a 501(c)(4), not a “political action committee” or “PAC.”

In fact, Crossroads GPS sister organization, American Crossroads, which is commonly referred to as a “Super PAC,” isn’t even a PAC either. Here is how the Federal Election Committee defines PAC:

The term “political action committee” (PAC) refers to two distinct types of political committees registered with the FEC: separate segregated funds (SSFs) and nonconnected committees. Basically, SSFs are political committees established and administered by corporations, labor unions, membership organizations or trade associations. These committees can only solicit contributions from individuals associated with connected or sponsoring organization. By contrast, nonconnected committees–as their name suggests–are not sponsored by or connected to any of the aforementioned entities and are free to solicit contributions from the general public.

“Super PACs” are neither SSFs nor “nonconnected committees.”

But if “Super PACs” aren’t PACs, what are they? Well, if this were 2004, we would probably just call them “527s,” which is what the media called the Swift Boat Veterans for Truth group that election cycle. But while “527” would be an accurate label of Super PACs, it would not be very descriptive. “527” refers to the section of the tax code governing all political entities; PACs, candidates, and the parties included. The technical term the FEC uses to describe “Super PACs” is “Independent Expenditure-Only Committees” … not as snappy.

Crossroads GPS, on the other hand, is a non-political, non-profit. They do not have to report to the  FEC at all. They do, however, have to file to the IRS. This April GPS reported that they raised $76.8 million through the end of last year. That dwarfs the $24.4 million “Super PAC” American Crossroads has in the bank.

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