Current through Register Vol. 18, September 20, 2024
(1) A "coordinated
expenditure" means any election communication, electioneering communication, or
reportable election activity that is made by a person in cooperation with, in
consultation with, under the control of, or at the direction of, in concert
with, at the request or suggestion of, or with the express prior consent of a
candidate or an agent of the candidate .
The coordination of an expenditure need not require
agreement, cooperation, consultation, request, or consent on every term
necessary for the particular coordinated expenditure, but only requires proof
of one element, such as content, price, or timing, to be met as a fact of a
coordinated expenditure.
(2)
When determining whether a communication or reportable election activity is
coordinated the following may be considered, whether:
(a) it is based on information that is
provided by the candidate or agent of the candidate directly or indirectly to
the person funding or facilitating the communication or activity, or any person
involved in creating, producing, or disseminating it.
(b) it was made by or through any candidate's
agent in the course of the agent's involvement in the current
campaign.
(c) the person funding or
facilitating the communication or reportable election activity retains the paid
services of a person or individual who:
(i)
currently, or during the six months immediately preceding the election in which
the candidate's name will appear on the ballot, received compensation from the
candidate or the candidate's agent; and
(ii) the person or individual is involved in
creating, producing, or disseminating the communication or reportable election
activity.
(d) the
communication or reportable election activity replicates, reproduces,
republishes or disseminates, in whole or in substantial part, any material
designed, produced and paid for, or distributed by the candidate, except as set
forth in (3)(e).
(e) the candidate
or the candidate's agent has made or participated in any discussion or in
making any decision regarding the content, timing, location, media, intended
audience, volume of distribution, or frequency of placement of the
communication or activity.
(f) the
person funding or facilitating the communication or reportable election
activity has:
(i) established a written
firewall policy designed to prevent the flow of information about the
candidate's campaign plans, projects, activities, or needs from the persons
providing services to the candidate to persons involved in the creation,
production, or dissemination of the communication or reportable election
activity; and
(ii) prior to the
preparation or distribution of any communication or reportable election
activity has distributed the firewall policy to all relevant employees,
consultants, and clients affected by the policy; and
(iii) filed the firewall policy with the
COPP.
(3) A
"coordinated expenditure" does not mean any election communication,
electioneering communication, or reportable election activity consisting of:
(a) an uncoordinated expenditure or an
independent reportable election activity funded or facilitated by a person;
(b) services, food, or lodging
provided in a manner that they are not contributions by a person within the
meaning of contribution as defined by
13-1-101, MCA, or these
rules;
(c) the cost funded or
facilitated by a person for any bona fide news story, commentary, blog, or
editorial distributed through the facilities of any broadcasting station,
newspaper, magazine, or other periodical of general circulation;
(d) activity by an individual acting solely
on his or her own behalf independently of any candidate or the candidate's
agent ; or
(e) the independent use
of statements, images, or other information that is appropriated from a public
source.
(4) A
"coordinated expenditure" does not exist solely because:
(a) of personal or professional relationships
between a candidate and other persons;
(b) the person funding or facilitating the
communication or reportable election activity has previously made a
contribution to the candidate;
(c)
after publication or distribution, the person funding or facilitating the
communication or reportable election activity informs the candidate or an agent
of the candidate that the person has made an expenditure or funded the
activity, provided that there is no other exchange of information, not
otherwise available to the public, relating to details of the expenditure or
funding the activity; or
(d) the
funding or facilitating of the communication or reportable election activity is
made at the request or suggestion of a candidate or an agent of a candidate for
the benefit of another candidate or political committee where the other
potentially benefitted candidate or political committee has no
involvement.
(5) A
"coordinated expenditure" shall be treated and reported as an in-kind
contribution from and expenditure by the person funding, facilitating, or
engaging in the election communication, electioneering communication, or
reportable election activity. Both the candidate and the committee shall report
the coordinated expenditure and/or in-kind contribution as the case may be.
AUTH:
15-1-201,
15-30-2104, MCA; IMP:
15-30-2151,
15-30-2152,
15-30-2153,
15-31-101,
15-31-102
MCA
