SEC. 1.115. COORDINATION OF EXPENDITURES.
§ 1.115
An expenditure on campaign communications is treated as a contribution to a candidate (and thus subject to contribution limits) if it is coordinated with the candidate or made under circumstances showing coordination, such as at the candidate's request, with input on the communication's content or timing, or by people with campaign roles. Coordination is presumed in certain situations like using shared consultants or replicating the candidate's own materials, though some activities like interviewing a candidate or responding to general fundraising requests are excepted.
If someone spends money on ads or communications that support or oppose a specific candidate, that spending counts as a donation to the candidate if it's coordinated with them. Coordination means the candidate asked for it, gave input on what to say or when to say it, or the person spending the money works closely with the campaign. The law presumes coordination happened in certain situations—like if the spender uses the same campaign consultant as the candidate, or copies the candidate's own ads. But some activities don't count as coordination, such as interviewing a candidate about issues, using public information about them, or spending money in response to a general ask for support without discussing the details.
- Complex:The section contains multiple layers of rules (direct coordination, rebuttable presumptions, and exceptions) with overlapping criteria and detailed subconditions that cross-reference each other, making it difficult for a non-lawyer to quickly grasp the full scope.
- Controversial:Campaign finance coordination rules are inherently contested in electoral politics; what counts as improper coordination versus legitimate independent speech is frequently debated by candidates, outside groups, and regulators.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) General. An expenditure is not considered independent and shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf, or for whose benefit the expenditure is made, if the expenditure funds a communication that expressly advocate the nomination, election or defeat of a clearly identified candidate and is made under the following circumstance:
(1) The expenditure is made at the request, suggestion, or direction of, or in cooperation, consultation, concert or coordination with, the candidate on whose behalf, or for whose benefit, the expenditure is made; or
(2) The communication funded by the expenditure is created, produced or disseminated:
(A) After the candidate has made or participated in making any decision regarding the content, timing, location, mode, intended audience, volume of distribution, or frequency of placement of the communication; or
(B) After discussion between the creator, producer or distributor of a communication, or the person paying for that communication, and the candidate or committee regarding the content, timing, location, mode, intended audience, volume of distribution or frequency of placement of that communication, the result of which is agreement on any of these topics.
(b) Rebuttable Presumption of Coordination. In addition to Subsection (a) of this section, there shall be a presumption that an expenditure funding a communication that expressly advocates the nomination, election or defeat of a clearly identified candidate is not independent of the candidate on whose behalf or for whose benefit the expenditure is made, when:
(1) It is based on information about the candidate or committee's campaign needs or plans provided to the spender by the candidate;
(2) It is made by or through any agent of the candidate in the course of the agent's involvement in the current campaign;
(3) The spender retains the services of a person, including a campaign consultant, who provides, or has provided, the candidate with professional services related to campaign or fund raising strategy for that same election;
(4) The communication replicates, reproduces, republishes or disseminates, in whole or in substantial part, a communication designed, produced, paid for or distributed by the candidate; or
(5) In the same election that the expenditure is made, the spender or spender's agent is serving or served in an executive or policymaking role for the candidate's campaign or participated in strategy or policy making discussions with the candidate's campaign relating to the candidate's pursuit of election to office and the candidate is pursuing the same office as a candidate whose nomination or election the expenditure is intended to influence.
(c) Exceptions. Notwithstanding the foregoing, an expenditure shall not be considered a contribution to a candidate merely because:
(1) The spender interviews a candidate on issues affecting the spender;
(2) The spender has obtained a photograph, biography, position paper, press release, or similar material from the candidate;
(3) The spender has previously made a contribution to the candidate;
(4) The spender makes an expenditure in response to a general, non-specific request for support by a candidate, provided that there is no discussion with the candidate prior to the expenditure relating to details of the expenditures;
(5) The spender has invited the candidate or committee to make an appearance before the spender's members, employees, shareholders, or the families thereof, provided that there is no discussion with the candidate prior to the expenditure relating to details of the expenditure;
(6) The spender informs a candidate that the spender has made an expenditure provided that there is no other exchange of information not otherwise available to the public, relating to the details of the expenditure; or
(7) The expenditure is made at the request or suggestion of the candidate for the benefit of another candidate or committee.
(d) Definition. For purposes of this Section, the terms "candidate" includes an agent of the candidate when the agent is acting within the course and scope of the agency.
(Added by Ord. 228-06, File No. 060501, App. 9/14/2006)