Earlier this year we predicted that battles over the definition of “coordination” and Super PAC “independence” would play a significant role in the development of campaign finance law in the coming years.   In keeping with that forecast, last week, the California Fair Political Practices Commission for the first time fined a Super PAC for allegedly coordinating its activities with a candidate’s campaign.

The $6,500 fine was levied against Voters for a  New California, a small Super PAC that spent about $29,000 on mailers supporting Luis Alejo, a candidate for State Assembly.  According to the FPPC, Alejo’s campaign manager, Joaquin Ross, was also a “principal officer” of the Super PAC.  Ross’s dual hats meant that Voters for a New California was not “independent,” the FPPC concluded.  As a result, the FPPC claimed that the Super PAC falsely reported an illegal over-the-limit contribution to Alejo as an independent expenditure.

Enforcement actions like this one — though rare — provide a window into the kinds of activities agencies consider to be coordination.  As this body of law develops, the contours of what counts as “coordination” — and what does not — will increasingly take shape.  One thing, however, is already clear: campaigns and Super PACs  must be especially vigilant to avoid any unlawful overlap amongst their officers, employees, volunteers, and agents.

Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.