[2] Super PACs were made possible by two judicial decisions in 2010: Citizens United v. Federal Election Commission and, two months later, Speechnow.org v. FEC.
The result of the Citizens United and SpeechNow.org decisions was the rise of a new type of political action committee in 2010, popularly dubbed the "super PAC".
[6] According to Politico, Carney, a staff writer covering lobbying and influence for CQ Roll Call, "made the first identifiable, published reference to 'super PAC' as it's known today while working at National Journal, writing on June 26, 2010, of a group called Workers' Voices, that it was a kind of "'super PAC' that could become increasingly popular in the post-Citizens United world.
"[7] According to FEC advisories, super PACs are not allowed to coordinate directly with candidates or political parties.
These groups are required to reveal their backers, but they can hide the true source of funding by reporting a non-disclosing nonprofit or shell company as the donor.
By using this tactic, dark money groups can get around a 2020 court ruling that attempts to require nonprofits running political ads to reveal their donors.
[17] In federal elections, for example, political action committees have the option to choose to file reports on a "monthly" or "quarterly" basis.
[18][19][20] This allows funds raised by PACs in the final days of the election to be spent and votes cast before the report is due and the donors identities' are known.
[21] One super PAC, that originally listed a $250,000 donation from an LLC that no one could find, led to a subsequent filing where the previously "secret donors" were revealed.
"Nearly every top presidential hopeful" had "a personalized super PAC" that raised "unlimited sums" and was "run by close associates or former aides".
[37] Not only did the FEC regulations allow campaigns to "publicly signal their needs to independent groups", political operatives on both sides "can talk to one another directly, as long as they do not discuss candidate strategy.
[37] Representative David E. Price (D–NC) complained "The rules of affiliation are just about as porous as they can be, and it amounts to a joke that there's no coordination between these individual super PACs and the candidates.