How candidates and outside groups work together to evade anti-corruption laws

Has a candidate appeared in ads sponsored by an outside group?

Candidates sometimes skirt rules prohibiting coordination by publicly releasing campaign-style “b-roll” video footage online that outside groups can use to make ads funded by big-money donors.

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Examples:

  • The practice of candidates putting b-roll footage online gained national attention in 2014, when The Daily Show’s Jon Stewart coined the term “#McConnelling,” putting his own music to b-roll footage that then-Senate Minority Leader Mitch McConnell (R-KY) had posted on YouTube — and which had been used by a dark money group supporting McConnell’s re-election.

  • New Day for America, a super PAC that aired ads during the 2016 presidential race backing Republican candidate John Kasich, took an even more direct approach to getting video of its preferred candidate: They shot it together prior to Kasich officially entering the race. 

  • Dozens of candidates on both sides of the aisle have posted b-roll video footage online that outside groups have used in ads to support their campaigns. Examples include:

Angie Craig (D-MN) and Independence USA PAC

 

Campaign b-roll footage

Outside group ad

 

Sharice Davids (D-KS) and Independence USA PAC

 

Campaign b-roll footage

Outside group ad

 

Cindy Hyde-Smith (R-MS) and Mississippi Victory Fund

 

Campaign b-roll footage

Outside group ad

 

Ann Kirkpatrick (D-AZ) and House Majority PAC

 

Campaign b-roll footage

Outside group ad

 

Mike Levin (D-CA) and Independence USA PAC

 

Campaign b-roll footage

Outside group ad

 

Dan McCready (D-NC) and House Majority Forward

 

Campaign b-roll footage

Outside group ad

 

Gary Peters (D-MI) and VoteVets Action Fund

 

Campaign b-roll footage

Outside group ad

 

Dan Sullivan (R-AK) and American Crossroads

 

Campaign b-roll footage

Outside group ad

 

What can be done?

Numerous complaints have been filed with the FEC against outside groups that used b-roll published by candidates, but the commissioners have repeatedly deadlocked on these complaints (e.g., here, here, here, here, and here). 

The bipartisan Political Accountability and Transparency Act would explicitly define this practice as illegal coordination. Read more here.

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