(1) In determining
whether a person(s) is using directly or indirectly a committee, group or other
organization as a conduit or intermediary to make a campaign contribution in
violation of T.C.A. §
2-10-303(3), the
Registry of Election Finance, in its discretion, may consider any or all of the
following factors. The Registry is not limited to these factors, however, and
any additional relevant information may be received and considered as to
whether a contribution was made directly or indirectly using a conduit or
intermediary in violation of T.C.A. §
2-10-303(3).
(a) Contributions
1. All contribution(s) received by the
committee or organization came from a single source.
2. The percentage of contributions received
by the committee or organization from a single source.
3. The number of contributors to the
committee or organization.
4.
Whether an individual contributor, who has reached the individual limit on
contributions to a particular candidate, has made a contribution(s) to a
committee or organization, that, within a ninety (90) day period of receiving
such contribution(s), makes an expenditure to the same candidate.
5. The contribution history of the
contributor to the committee or organization.
6. The relationship between the
contributor(s) to the committee or organization and the officials of the
committee or organization.
7. The
affiliations, relationships or connections between the committee or
organization and other committees and organizations.
(b) Expenditures
1. The percentage of available funds given by
the committee or organization to a single candidate.
2. The number of expenditures made by the
committee or organization to candidates.
3. The history of the committee or
organization in making expenditures.
4. Whether multiple expenditures were made to
a single candidate in an election cycle.
(c) Timing
1. The time frame of contributions received
by the committee or organization.
2. The time frame of expenditures made by the
committee or organization.
3. The
length of time the committee or organization has been active.
4. The timing of the relationship between
contributions received by a committee or organization and expenditures made to
candidates.
(2) There shall be a rebuttable presumption
that a committee or organization is acting as a conduit or intermediary for
purposes of T.C.A. §
2-10-303(3) if:
(a) the committee or organization has fewer
than three (3) contributors;
(b)
these contributors provide seventy-five percent (75%) or more of the
committee's or organization's total contributions within a ninety (90) day
period; and
(c) seventy-five
percent (75%) or more of the committee's or organization's political
contribution expenditure(s) are to a single candidate or committee within a
ninety (90) day period;
provided, however, that this rebuttable presumption shall not
apply to a committee or organization making less than $7,500 in political
contribution expenditures in any given calendar year.
