Yes, FEC rules prohibit super PACs from consulting with campaigns

A commercial for Robert F. Kennedy Jr.'s presidential campaign aired during the Super Bowl, but Kennedy said he didn't have anything to do with it.
Credit: AP
Independent presidential candidate Robert F. Kennedy Jr. speaks during a campaign event on Nov. 14, 2023, in Columbia, S.C. (AP Photo/Meg Kinnard)

CHARLOTTE, N.C. — Longshot presidential candidate Robert F. Kennedy Jr. posted an apology on social media after a Super Bowl commercial promoting his candidacy was strikingly similar to a campaign ad of his late uncle in the 1960s. 

Kennedy posted the statement on X, the website formerly known as Twitter, apologizing to his family for any pain it caused because it borrowed heavily from one of John F. Kennedy's ads in the 1960s. Kennedy also claimed he wasn't responsible for the spot, citing federal election rules. 

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The American Values 2024 super PAC created the commercial and Kennedy claimed he was not involved in creating it. He pointed out that Federal Election Commission rules prevent super PACs from consulting with a candidate or his staff.

Credit: Robert F Kennedy Jr.

THE QUESTION

Doe FEC rules actually prohibit super PACs from consulting with the campaign? 

THE ANSWER

This is true.

Yes, the FEC rules actually prohibit super PACs from consulting with the campaign. 

OUR SOURCES

WHAT WE FOUND

The ad that played during the Super Bowl was a play on his uncle John F. Kennedy's old 1960s campaign commercial. 

On X, Robert F. Kennedy stated he was neither involved nor did his campaign approve the ad. The Federal Election Commission has a set of rules prohibiting super PACs and candidates or their campaigns from coordinating such advertisements. 

"If the PAC was to coordinate with the campaign, that would violate campaign donations and regulation, and the campaign could get into trouble for that," Bitzer said. 

Though Kennedy said he had nothing to do with the Super Bowl ad, he has reposted it and even has it pinned to the top of his X account, which is allowed under the FEC. 

"Campaigns are allowed information advertising as long as the campaign was not intimately involved in the strategy behind the advertisement, "Bitzer explained. "They can utilize what a super PAC puts out there."

Looking at the American Values 2024 website states they are supporting Robert F. Kennedy Jr's campaign. 

Bitzer said Kennedy needs at least 82,000 signatures in North Carolina before noon on March 5 to be on the ballot as an independent. If he becomes the Libertarian nominee, he will automatically be on the ballot in North Carolina. 

Contact Meghan Bragg at mbragg@wcnc.com and follow her on FacebookX and Instagram.

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