In United States campaign finance law, an independent expenditure is money spent on a communication that expressly advocates the election or defeat of a clearly identified federal candidate, but is not made in cooperation, consultation, or concert with — or at the request or suggestion of — that candidate, their campaign, or a political party. The term is defined in the Federal Election Campaign Act (FECA) and is administered by the Federal Election Commission (FEC).
The category exists because of a constitutional distinction the Supreme Court drew in Buckley v. Valeo (1976): while contributions to candidates can be capped to prevent corruption, expenditures made independently of candidates are treated as core political speech protected by the First Amendment and therefore cannot be subject to dollar limits. The Court reasoned that the absence of coordination reduces the risk of quid pro quo corruption.
Two later decisions dramatically expanded the role of independent expenditures:
- Citizens United v. FEC (2010) held that corporations and unions may make unlimited independent expenditures from their general treasuries.
- SpeechNow.org v. FEC (2010, D.C. Circuit) held that political committees making only independent expenditures may accept unlimited contributions, giving rise to Super PACs (formally, independent-expenditure-only committees).
Independent expenditures must still be disclosed to the FEC, typically within 48 hours (or 24 hours in the final 20 days before an election) once aggregate spending crosses statutory thresholds, and ads must carry a disclaimer identifying who paid for them.
The line between "independent" and "coordinated" spending is legally consequential: if a communication is coordinated with a campaign, it is treated as an in-kind contribution subject to contribution limits. The FEC applies a multi-part "coordination" test looking at conduct, content, and the payer's relationship to the campaign. Critics argue the test is under-enforced, allowing Super PACs run by former campaign aides to function as shadow campaigns.
Example
In the 2012 U.S. presidential race, the pro-Mitt Romney Super PAC *Restore Our Future* reported more than $140 million in independent expenditures to the FEC, much of it spent on negative advertising against Republican primary rivals and later President Obama.
Frequently asked questions
A contribution is money given to a campaign, which the campaign controls and which is subject to legal limits. An independent expenditure is spent directly by an outside group on its own communications, without campaign coordination, and is not capped.
Keep learning