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DONATIONS AND DEMOCRACY
The connection between foreign companies and U.S. Congress members who voted against certifying the results of the 2020 U.S. presidential election – Democracy, human rights and rule of law concerns
If a company or trade association tries to disclaim responsibility for which candidates receive donations from its PAC, that would be misleading.
Here are the facts:
1. A PAC is a political committee in the United States "organized for the purpose of raising and spending money to elect and defeat candidates" [“What Is a PAC?” OpenSecrets]. Each company PAC and trade association PAC decides to which candidates it will donate.
2. “A PAC is somewhat different from other entities associated with a corporation. It is a separate entity, but still managed by, and part of, the corporation....Establishing the PAC: ...First, a corporation’s Board should approve the creation of the PAC...As part of this step, the corporation should select PAC officers and adopt bylaws for the PAC’s administration.” [“Forming a Corporate Political Action Committee," Venable LLP law firm.]
3. In the case of a foreign-headquartered company, the firm’s U.S. subsidiary selects the PAC’s members/board, who are usually senior executives of the subsidiary; often the subsidiary’s lobbyists and/or government affairs staff also serve on the PAC. The PAC members/board decide which candidates the company PAC will donate to.
4. By law, a company cannot donate to its PAC from the company's central funds. Most of the larger donations to the PAC tend to be made by the subsidiary’s executives and their families; donations can also be made by other employees and their families, and by shareholders. Donations by the PAC are made only to candidates selected/approved by the company-appointed members/board of the PAC.
5. The U.S. subsidiary may pay all of the PAC’s administrative and solicitation costs. “For example, a corporation may pay all legal fees for the PAC, postage for mailings, staff time to compose solicitations, credit card processing fees, and virtually any other cost associated with the PAC.” [“Forming a Corporate Political Action Committee," Venable LLP law firm.]
6. Some companies reportedly pressure and/or induce their employees to contribute to their PACs. [Michelle Conlin and Lucas Iberico Lozada, Reuters, “The new U.S. office politics: funding your boss's political causes,” May 11, 2015.]
See also:
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