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Herman Cain Backers Launch Super PAC, But May Have Tripped Up Already

First Posted: 10/19/2011 1:43 pm Updated: 12/19/2011 4:12 am

WASHINGTON -- Pizza mogul Herman Cain's recent rise in the polls has brought his candidacy greater attention and scrutiny from his Republican presidential primary rivals and the press. It's also brought him new support -- from Americans for Herman Cain, a super PAC formed to help Cain win the Republican nomination.

Founded by Jordan Gehrke, the former communications director and deputy campaign manager for Republican Senate candidate Sharron Angle, Americans for Herman Cain officially launched during Tuesday night's Republican debate in Nevada. The group states that it is paid for by the 999 Fund. Neither Americans for Herman Cain nor the 999 Fund have yet to register with the Federal Election Commission.

But the new PAC may already have a problem: The use of the candidate's name in the name of the organization may not be legal under campaign finance laws. Donald J. Simon, general counsel for Democracy 21, said via email that campaign finance laws work to bar independent political committees from including the name of a candidate in their name.

"Candidate-specific Super PACs have become a huge problem in this year's presidential campaign, and are being used as a way for a candidate's supporters to evade the limits on contributions to candidates," Simon said in a statement. "The use of a candidate's name in the name of the Super PAC takes this evasion even one step further, and crosses a clear line drawn in the law."

Super PACs are ostensibly independent political groups that can raise and spend unlimited money from corporations, unions and individuals in elections. They were created after two court rulings -- most notably the 2010 Supreme Court decision in Citizens United v. FEC -- opened the door to corporate and union funding of electoral advertising. The Republican presidential primary has seen nearly every candidate receive help from a super PAC, often started by former associates, bringing into question the so-called independence of these groups.

Gehrke sent out an email Tuesday night to supporters announcing the formation of the super PAC. The email states, "Herman Cain has proven that he is a top-tier candidate. Now he needs a top-tier early state operation. We intend to provide reinforcements. We're going to do the basic 'blocking and tackling' Herman needs to win in early states. That means doing yard signs, identifying supporters, phone calls, doors knocked, 'Friend to Friend' cards, and 'Get Out the Vote' operations that can propel Herman Cain to victory in these primaries."

On Wednesday the group launched its first web advertisement, which attacks the current field for not being conservative enough or, in the case of Texas Gov. Rick Perry, for being inept at talking. The ad begins with the question, "What if we didn't have to choose between the lesser of two evils this year?," accompanied by the visages of former Massachusetts Gov. Mitt Romney, former New York City Mayor Rudy Giuliani, Sen. John McCain (R-Ariz.) and Perry. The ad calls Romney the "father of ObamaCare" and asks whether Perry could win a debate against President Barack Obama.

The super PACs supporting Rep. Michele Bachmann (R-Minn.) and Rep. Ron Paul (R-Texas) have also run ads. Another super PAC that supports Perry ran an ad in Iowa prior to his entrance into the race.

WATCH the first ad from Americans for Herman Cain:

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matt gordon
One nation, under Canada and over Mexico...
11:02 AM on 10/22/2011
Herman Cain - A con-artist who peddles his audacious autobiography while campaigning for president is still a con-artist.
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HUFFPOST SUPER USER
CAMEOCAT
All 9 lives wasted on the internet
06:27 PM on 10/20/2011
Cain is just the next I HATE MITT candidate. His 999 plan is a joke, the racist speech they let him get away with just because he is Black is shameful, and if that wasn't bad his pizza sucks!! Herman wants to sale his book. That is ALL he wants to do. He is using his campaign to buy the book at full price and passing that cash on to his pockets. The fact that he is getting a glance by these confused people just helps him tell Fox News how popular he is and why he should have a show too. He is a disgrace to the American political system (did you see Karzai and Clinton laugh at this fool?). You would have to be on CO-CAIN to vote for this man.
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RepublicanDepression
Of the1% by the1% for the Gerrymandering One% =GOP
02:47 PM on 10/20/2011
"Candidate-specific Super PACs have become a huge problem in this year's presidential campaign, and are being used as a way for a candidate's supporters to evade the limits on contributions to candidates," Simon said in a statement. "The use of a candidate's name in the name of the Super PAC takes this evasion even one step further, and crosses a clear line drawn in the law."

Nice way to show respect for the law, Cain.
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HUFFPOST SUPER USER
Daniel Zook
Just an observant Millenial.
01:37 PM on 10/20/2011
If Cain makes it in office, be prepared to start singing his pizza song instead of the national anthem.
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HUFFPOST SUPER USER
Forrester1
01:27 PM on 10/20/2011
"Founded by Jordan Gehrke, the former communications director and deputy campaign manager for Republican Senate candidate Sharron Angle"

Say no more
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HUFFPOST COMMUNITY MODERATOR
rascalcat
Lover of liberal women and cheap wine.Or was it...
01:12 PM on 10/20/2011
In the last election, I went a few rounds with a Nevada conservative on the Reid/Angle election. He told me a ham sandwich could beat Harry and I said a ham sandwich has an advantage over Angle. A ham sandwich doesn't speak. That's how I feel about all of these GOP candidates. Shine a spotlight on them and and they defeat themselves.
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HUFFPOST SUPER USER
ross nichols
01:05 PM on 10/20/2011
The fact he is an idiot might be a problem also.
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Steele361
You can't handle the truth
12:57 PM on 10/20/2011
Cain is going down faster than a bucket of chicken at Ophras'
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HUFFPOST SUPER USER
miketothad
trollslayer
12:33 PM on 10/20/2011
How will they create an effective ad when squirmin' Herman can't even stay on message for a 24 hr period?
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HUFFPOST SUPER USER
wrightthewrong
Medicare for All
12:26 PM on 10/20/2011
A little thing like a law won't matter to Herman Cain. He's not really intending to be president. He is a Koch Brothers representative of all things Koch, doing his book tour, throwing his word bombs at the other candidates, and doing speeches for money, which he has done for years. His sole purpose is to push the Koch Brothers' ideas out there and entertain the Republican audience, who would like to pretend they like black people. This guy is looking for a Sarah Palin-type gig on Fox Schmooze, good sales for his books (of which he has bought around 36,000 using campaign funds (another questionable legal move, which Sarah did, too), and lots of well-paid speaking gigs. That's all that Herman is about. Just watch... you'll see.
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matt gordon
One nation, under Canada and over Mexico...
11:05 AM on 10/22/2011
Exactly - Cain is a court jester for the Brothers Koch.
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HUFFPOST SUPER USER
chergoyle3
God's Not Stupid...
12:22 PM on 10/20/2011
Pro-Cain? Isn't that the generic form of Novocaine? My dentists uses that to numb my gums to work on my teeth. Obviously, it works on brains, too.
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HUFFPOST SUPER USER
HKR07
12:26 PM on 10/20/2011
Cain's silly tax plan has been thoroughly debunked. May this PAC become defunked if found to be illegal.
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HUFFPOST SUPER USER
wrightthewrong
Medicare for All
12:29 PM on 10/20/2011
Love your comment, though Novocain is spelled without the 'e' at the end. You may have been thinking of the "caine" brothers? Xylocaine, lidocaine, cocaine...
This user has chosen to opt out of the Badges program
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littlepuffycloud
I propose a toast to my self control...
12:03 PM on 10/20/2011
Poor Herb..He should've taken the fact HD doesn't make blackWalnut ice cream anymore as a sign..
WWYTA
We disagree, it does not mean you are correct
12:20 PM on 10/20/2011
Comedy is harder than you think.
This user has chosen to opt out of the Badges program
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littlepuffycloud
I propose a toast to my self control...
12:23 PM on 10/20/2011
Tell me about it..

But seriously folks..I'll be here all week and don't forget to tip your waiter.
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HUFFPOST SUPER USER
Alex Croley
One Nation, Indivisible, for Liberty and Justice f
12:03 PM on 10/20/2011
Cain has made his rise and now he's going to cycle down in the polls. Its not a good thing or a bad thing, he just peaked. Every candidate has peaked and then fell flat in this primary season for the Republican nomination for President of the United States. Its a cycle, but that does not mean he's going to be out by any streach of the imagination. Romney has, Perry has, Bachmann has. This is still a wide open field, so don't dismiss their chances to get the Nomination just yet.

Of course as badly as these guys are doing in the debates, it is not a wonder that they want to start the Primaries as early as possible.
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Leigh49
Hey, you, get off of my cloud
11:59 AM on 10/20/2011
Herman's shooting for a VP spot. Let's hope he overshoots.
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HUFFPOST SUPER USER
ross nichols
01:06 PM on 10/20/2011
VP of what??
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HUFFPOST SUPER USER
dfranz
With Liberty and Justice for all
11:44 AM on 10/20/2011
Cain has zero chance of being elected president and he knows it which is why he hasn't been that worried about campaign donations. That being the case people donating money to him may just as well pour that money down a rat hole or give it to Sarah Palin (Same thing)

The entire Republican field is made up of niche candidates designed to appeal to certain groups of minority players. You could take the positive traits of all these candidates and put them in one person and they still wouldn't win the election. heh heh