A clever name may be a source of pride for some political action committees, but some acronyms could lead to adverse reactions from the Federal Election Commission.
Take, for example, the Let's Fire TRUMP PAC. On the surface, it seems obvious what this PAC is getting at with its acronym, which stands for "Terrible Radicals Undermining Middle Class People." However, that's the problem – it's too obvious.
A 2008 FEC guide on non-connected committees offers more information on PAC naming conventions, and why acronyms such as the one used by the Let's Fire TRUMP PAC are not allowed. Only registered committees authorized by candidates may use their names. Otherwise, the name of a PAC cannot reference a candidate by name. The only exception to this is the use of names by draft committees, which are established to convince individuals to become candidates for Federal office. If a PAC clearly indicates that it is a draft committee, then it may use the name of the person it intends to encourage to campaign for Federal office.
"The name of a PAC cannot reference a candidate by name."
PACs using acronyms to bypass FEC naming rules
When it comes to action that the FEC has taken in the past against PACs that utilize acronyms in violation of committee regulations, things get spotty. There are two prominent examples of this in the 2016 election cycle.
First, and most recent, is the issue of the Let's Fire TRUMP PAC. The name, officially, is a reference to terrible, radical candidates who have little regard for the middle class. But, in appearance and in spirit it is a direct reference to Donald Trump, the real estate magnate turned Republican presidential candidate who has, purposely or not, courted controversy since his entry into the 2016 race. The creation of the PAC was first reported by Northeast Ohio Media Group, owner of the Cleveland Plain-Dealer.
The "Let's Fire" portion of the committee's name is a reference to Trump's NBC reality show, "The Apprentice." He serves as host of the show, which spawned his famous catchphrase, "You're Fired!" Trump leads the GOP field and receives as much bad press as good for comments he has made on the campaign trail.
However, despite the committee's use of an acronym, the reference, it seems, is too obvious for the FEC to allow. The group's treasurer, Jennifer Scofield, was sent a letter by the agency, warning that the name of the PAC should be changed, since the committee is unaffiliated with Trump. Scofield noted in an email to The Hill that there's a bit of confusion regarding PAC regulations.
"The rules have obviously sown quite a bit of confusion as to what is allowed, even for groups making a good faith effort to comply," she explained to the news outlet. "The primary issue is whether a PAC is coordinating with the named candidate; obviously, in our case, we are an independent, non-connected PAC, and there is no doubt or confusion as to whether we are coordinating our efforts with Donald Trump."
What's the difference between Carly and CARLY?
Scofield's committee isn't the only one to try to bypass FEC naming rules with an acronym this election cycle. A super PAC called Carly for America recently changed its own name to CARLY for America, the latter being an acronym to bypass FEC PAC-naming conventions. The new name includes an acronym, rather than the name of presidential candidate Carly Fiorina. The PAC's new full name is Conservative Authentic Response Leadership for You and for America.
Super PACs are required to be independent, similar to non-connected committees, and therefore, may not be affiliated with any candidate by name. CARLY for America has yet to receive a warning from the FEC about its new name. But that doesn't mean it won't, a spokeswoman from the agency explained to The Hill.
Similarly, in May 2010 the FEC ruled that a PAC called DUMPREID PAC, officially the Decidedly Unhappy Mainstream Patriots Rejecting Evil-mongering Incompetent Democrats Political Action Committee, had to change its name, since it included reference to then-Senate Majority Leader Harry Reid (D-NV).
Though independent committees have tried to find ways around rules disallowing them from using candidate's names in their own names, these attempts are often thwarted by the FEC. Let's Fire TRUMP PAC will attempt to explain its use of an acronym to the agency, while it remains to be seen how the FEC will respond to CARLY for America's name change.