(a) The term independent expenditure means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate that is not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents. A communication is “made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents” if it is a coordinated communication under 11 CFR 109.21 or a party coordinated communication under 11 CFR 109.37.
(b) No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.
(c) No expenditure shall be considered independent if the person making the expenditure allows a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents to become materially involved in decisions regarding the communication as described in 11 CFR 109.21(d)(2), or shares financial responsibility for the costs of production or dissemination with any such person.
[68 FR 451, Jan. 3, 2003]
Notes of Decisions
McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003).
· cites it 2× “10 (d)(1) ("A qualified nonprofit corporation may make independent expenditures, as defined in 11 C.F.R. § 100.16 , without violating the prohibitions against corporate expenditures contained in 11 C.”
United States v. Michael R. Goland, 959 F.2d 1449 (9th Cir. 1992).
· cites it 2× “15 Under the Federal Election Campaign Act, independent expenditures must be made "without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and [may not be] made in concert with, or at the request or suggestion of any…”
Repub. Party of New Mexico v. King, 741 F.3d 1089 (10th Cir. 2013).
“(c) No expenditure shall be considered independent if the person making the expenditure allows a candidate, a candidate’s authorized committee, or their agents, or a political party committee or its agents to become materially involved in decisions regarding the communication.”
Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n, 380 F. Supp. 3d 30 (D.C. Cir. 2019).
“§ 30101 (17) ; 11 C.F.R. § 100.16 . An "electioneering communication" is a communication which "refers to a clearly identified candidate for Federal office," is "targeted to the relevant electorate," and is made within sixty days before a general election involving the candidate…”
Maryland v. Universal Elections, Inc., 862 F. Supp. 2d 457 (D. Maryland 2012).
“Indeed, the Universal Elections website contains references to other statutes and regulations, such as 11 C.F.R. 100.16(a), which defines "independent expenditure.”
Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n (D.D.C. 2019).
“§ 30101 (17); 11 C.F.R. § 100.16 . An “electioneering communication” is a communication which “refers to a clearly identified candidate for Federal office,” is “targeted to the relevant electorate,” and is made within sixty days before a general election involving the candidate…”
— 11 C.F.R. § 100.16(a) — 1 case
Maryland v. Universal Elections, Inc., 862 F. Supp. 2d 457 (D. Maryland 2012).
“Indeed, the Universal Elections website contains references to other statutes and regulations, such as 11 C.F.R. 100.16(a), which defines "independent expenditure.”
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