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