Independent expenditure
Definition
Spending on a communication that expressly advocates for or against a clearly identified candidate, made without consulting or coordinating with that candidate, their campaign, or a party committee. Because it is "independent," it faces no contribution limit under Citizens United.
Why it matters
The entire legal basis for unlimited super PAC spending rests on the assumption that independent spending can't corrupt candidates because it isn't coordinated with them. In practice, the line between independent and coordinated spending is porous and weakly policed, letting outside groups function as de facto campaign arms.
Seen in the wild
Super PACs spent $2.73 billion in independent expenditures during the 2024 cycle, per OpenSecrets. The FEC's three-part coordination test, covering payment, content, and conduct, hasn't been substantively updated since Citizens United, and complaints alleging coordination, such as those filed against the DeSantis campaign and Never Back Down in 2023, rarely result in enforcement action.1