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Washington • The era of the super PAC has arrived, giving the wealthy, corporations and unions an avenue to legally spend millions of dollars to support their favorite candidates or go after their opponents.
And Utah Sen. Mike Lee says it's only fair for politicians to have the same opportunity.
"We are trying to figure out whether we are entitled to the same treatment as other super PACs, like the now-famous PAC started by Stephen Colbert," Lee said, referencing the Comedy Central comedian who has spoofed the issue through his Colbert Super PAC.
In mid-October, Lee asked the Federal Elections Commission for permission to allow his Constitutional Conservatives Fund to act as a super political action committee, which would make him the first politician to lead his own such organization.
But the first-term Republican hasn't publicly addressed the issue until this week when he said that legal issues aside, there's no moral or ethical problem with elected officials accepting big-dollar checks from donors as long as they are not spending it on their own campaigns.
"Especially when there are other interests out there, other voices that have no such limitation," he said.
But campaign finance watchdogs, such as Paul Ryan at the Campaign Legal Center, say Lee's request is blatantly illegal, since the law forbids elected officials from soliciting donations beyond the legal contribution limits.
Under current law, Lee's Constitutional Conservatives Fund can raise only $5,000 per individual per year.
Super PACs, created after the controversial 2010 Supreme Court ruling in the Citizens United case, can accept unlimited donations from people, corporations and unions. More than 230 such PACs have since been created.
Priorities USA supports President Barack Obama, and Restore Our Future backs Republican presidential candidate Mitt Romney. While people close to the candidates head those two groups, they are not legally allowed to coordinate any advertising with the official campaigns. Recent FEC rulings, though, would allow candidates to appear at fundraisers as long as they didn't ask for more than $5,000 per person.
Lee wants the FEC to give him and other elected officials the ability to raise larger amounts directly from corporate sources to support like-minded candidates.
"It's one thing for the law to restrict my ability to raise funds for my own re-election campaign. That is different than my ability to raise funds to promote a broader political cause, to promote candidates other than myself," Lee said. "There is a significant substantive distinction there."
The senator didn't come up with this issue. Campaign finance attorney Dan Backer brought the idea to Lee's camp and represents him before the FEC. The commission is expected to rule on the issue in December.
"What we have here is a situation where the law isn't clear," Backer said. "It is important for people to know what we can and can't do."
But opponents say if Lee is successful, it could lead to political corruption. Ryan, for one, argues the threat of corruption "is dependent upon the successful solicitation by a federal officeholder, not what bank account it goes into or how they spend the check."
Lee's Constitutional Conservatives Fund has endorsed four GOP Senate candidates so far, but has raised little money to spend on those races.
Twitter: @mattcanham