Independent expenditure

[4] The Federal Election Commission defines an agent as someone who has "actual authority, either express or implied" to perform one or more of a list of actions on behalf of a campaign.

In recent years, a number of candidates have sought to bypass campaign finance rules by delaying their intention to run for office, instead forming so-called "exploratory committees."

He asserts that prior to the 2016 Presidential Primaries, "[Jeb] Bush, [Martin] O'Malley, [Rick] Santorum and [Scott] Walker [were] all raising funds above the $2,700 candidate limit, providing reason to believe they [were] violating federal law.

"[10] Ryan argues, "[They] have actually crossed the threshold to become 'candidates' as defined in federal law, by referring to themselves publicly as candidates and/or by amassing campaign funds that will be spent after they formally declare their candidacies."

A piece written by Alex Roarty and Shane Goldmacher in the National Journal, and republished in The Atlantic, outlined just how "brazen" current attempts at coordination can be.

"[13] As Roarty and Goldmacher elaborate, "The restrictions that bar coordination between candidates and their allies only apply to explicit communication between the two sides—a loophole that has been exploited by speaking in public ever since the proliferation of outside organizations following the Supreme Court's Citizens United ruling.

"[17] Given the nature of their relationship, some have found it difficult to believe that Jeb Bush had no role or influence in recruiting his brother to make the ad, and thus, contravened campaign finance coordination rules.

Attorney Ben W. Heineman Jr. wrote in The Atlantic that "making damning facts public will be necessary to present a case" that "unmasks the claim" of super PACs being independent of their chosen candidates.

"[20] In 1976, the United States Supreme Court ruled on Buckley v. Valeo, a case which challenged most of the provisions in the Federal Election Campaign Act.