C.F.R. » Title 11 » CHAPTER I—FEDERAL ELECTION COMMISSION › SUBCHAPTER A—GENERAL › PART 109—COORDINATED AND INDEPENDENT EXPENDITURES (52 U.S.C. 30101(17), 30116(a) AND (d), AND PUB. L. 107-155 SEC. 214(C)) › Subpart A—Scope and Definitions

11 C.F.R. § 109.1

When will this part apply?

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This part applies to expenditures that are made independently from a candidate, an authorized committee, a political party committee, or their agents, and to those payments that are made in coordination with a candidate, an authorized committee, a political party committee, or their agents. The rules in this part explain how these types of payments must be reported and how they must be treated by candidates, authorized committees, and political party committees. In addition, subpart D of part 109 describes procedures and limits that apply only to payments, transfers, and assignments made by political party committees.

Notes of Decisions
Cited in 10 cases, 1986–2004 · leading case: McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003).
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McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). · cites it 2× “" 11 C.F.R. § 109.1 (b)(4)(i)(B) (1999 ed.) (repealed 2001) (emphasis added).”
Colorado Repub. Fed. Campaign Comm. v. Fed. Election Comm'n, 518 U.S. 604 (1996). · cites it 2× “11 CFR § 109.1 (1995) (distinguishing between independent and coordinated expenditures by other political groups).”
Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004). “They cite to a former rule that had defined “agent” in connection with regulations defining independent expenditures to mean any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a…”
Fed. Election Comm'n v. Christian Coalition, 52 F. Supp. 2d 45 (D.D.C. 1999). “An expenditure will be presumed to be so made when it is— (A) Based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by the candidate’s agents, with a view toward having an expenditure made; or (B) Made by or…”
Fed. Election Comm'n v. Pub. Citizen, Inc., 64 F. Supp. 2d 1327 (N.D. Ga. 1999). · cites it 2× “” 11 C.F.R. § 109.1 (a). The rule also adds the following presumption: An expenditure will be presumed to be so made when it is based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by the candidate’s agents…”
Fed. Election Comm'n v. Nat'l Org. for Women, 713 F. Supp. 428 (D.D.C. 1989). “at 623 ; 11 C.F.R. § 109.1 (b)(2). An explicit and unambiguous reference to the candidate must be mentioned in the communication in order for express advocacy to be present.”
James E. Akins v. Fed. Election Comm'n, 66 F.3d 348 (D.C. Cir. 1995). “” 11 C.F.R. § 109.1 (a), (c) (1995). The debate in this case centers around the definition of “political committee” and the FEC’s application of the major purpose standard.”
Stark v. Fed. Election Comm'n, 683 F. Supp. 836 (D.D.C. 1988). “See 11 C.F.R. § 109.1 . They denied any coordination with one another whatsoever.”
Fed. Election Comm'n v. Nat'l Conservative Political Action Comm., 647 F. Supp. 987 (S.D.N.Y. 1986). · cites it 2× “of the candidate____” 11 C.F.R. § 109.1 (b)(4) (1986). This definition, in turn, encompasses [a]ny arrangement, coordination or direction by the candidate or his or her agent prior to the publication, distribution, display, or broadcase of the communication.”
Common Cause v. Fed. Election Comm'n, 715 F. Supp. 398 (D.D.C. 1989). · cites it 3× “§ 441a(a)(7)(B)(i); 11 C.F.R. § 109.1 (b)(4)(i). 3 Coordination will be presumed when an expenditure is (A) Based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by the candidate’s agents, with a view toward…”
— 11 C.F.R. § 109.1(b)(5) — 1 case
Fed. Election Comm'n v. Nat'l Conservative Political Action Comm., 647 F. Supp. 987 (S.D.N.Y. 1986). “of the candidate____” 11 C.F.R. § 109.1 (b)(4) (1986). This definition, in turn, encompasses [a]ny arrangement, coordination or direction by the candidate or his or her agent prior to the publication, distribution, display, or broadcase of the communication.”
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