Flexible Earmarking

[John Bussey]

​Hello,

I am very interested in the outcome of your recent efforts regarding flexible earmarking. I am in particular curious if you have heard back via the AO process regarding whether a well defined future event outside the control of PAC managers can be agreed to by donors for the disbursement.

Second, can a donor give funds in excess of the $5k limit to a multi-candidate PAC if the funds are earmarked to $5k or less per candidate? That would seem in line with the spirit of the law but I cannot find that in writing anywhere. Do you have any idea on that?

Thanks.

John Bussey

[John Bussey]

Hello,

I guess I should add, if you don't know the answer to the second question above could you add that to your AO request? As in:

Can a donor give more than $5,000 in earmarked contributions to XYZ PAC, so long as the donors earmark instructions guide XYZ PAC to give no more than $5,000 to any given candidate or candidate committee in a given election cycle?

This would, hypothetically, allow a PAC to collect $20k from certain donors to be divided up between four candidates without breaking individual to PAC limits.

Thanks,

John