3. Statutory Presumptions
Under certain circumstances, an unregulated activity will
become subject to the Act because of its connection with a federal
candidate or political committee. The following definitions reflect the
statutory presumptions that result in coverage – or additional
coverage – under the Act:
• “coordinated expenditure” – an expenditure that is made
“in cooperation, consultation, or concert with, or at the
request or suggestion of” a federal candidate or an agent
of a federal candidate. Such an expenditure is deemed to
be a “contribution” to the candidate – and, as such, subject
to the Act’s limits and prohibitions. 52 U.S.C. §
30116(a)(7)(B)(i).
• “electioneering communication”– as set forth above, this
term includes broadcast communications within certain
periods before primary and general elections that refer to
a clearly identified federal candidate. In general, payments
for these communications are not “expenditures” because
they do not expressly advocate a candidate’s election or
defeat. However, if the electioneering communication is
coordinated with a federal candidate or an agent of the
candidate, the costs of the communication are deemed to be
a “contribution” to the candidate – and thus subject to the
Act’s limits – as well as an “expenditure” by the candidate.
52 U.S.C. § 30116(a)(7)(C).
128
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents