Current through February, 2024
1. Pursuant to the rulemaking authority given
to the Secretary of State in
17 V.S.A. section
2809(f), the following rules
are necessary for the proper administration of provisions of section
2809.
2. For purposes of section
2809(c), which states "for the purposes of this section, a related campaign
expenditure made on the candidate's behalf means any expenditure intended to
promote the election of a specific candidate or group of candidates, or the
defeat of an opposing candidate or group of candidates, if intentionally
facilitated by, solicited by or approved by the candidate or the candidate's
political committee:"
a.) A campaign
expenditure may be a "related campaign expenditure" even if the candidate or
the candidate's political committee did not have a specific intent to make an
activity or expense a "related campaign expenditure on a candidate's behalf."
However, some knowledge of the fact, or willful blindness toward the fact that
the action will be used in connection with an activity or expenditure on the
candidate's behalf is necessary.
b.) "Intentionally facilitated" means for a
candidate or the candidate's political committee to consciously, and not
accidentally, have done an action to make the activity or expenditure
possible.
c.) "Solicited" means for
the candidate or the candidate's political committee to appeal or ask directly
or by an intermediary or by any other means, procure the activity.
d.) "Approved" means for the candidate or the
candidate's political committee to have consciously, and not accidentally,
taken any prior action or inaction that indicates permission or approval.
Simply knowing that an activity or expenditure is taking place does not, alone,
constitute approval.
3.
For purposes of section 2809(d) which states, in pertinent part, that "an
expenditure made by a political party or by a political committee that recruits
or endorses candidates, that primarily benefits six or fewer candidates who are
associated with the political party or political committee making the
expenditure, is presumed to be a related expenditure made on behalf of those
candidates. An expenditure made by a political party or by a political
committee that recruits or endorses candidates, that substantially benefits
more than six candidates and facilitates party or political committee
functions, voter turnout, platform promotion or organizational capacity shall
not be presumed to be a related expenditure made on a candidate's behalf':
a.) An expenditure "primarily benefits" six
or less candidates when the principal purpose of the expenditure is to promote
six or fewer specific candidates.
b.) The fact that an activity may
incidentally benefit all candidates of the same party, for example, by
increasing voter participation of a particular of a particular party, or by
some other means, will not prevent an activity from being presumed to be a
related campaign expenditure.
c.)
While an expenditure or activity does not have to equally benefit all
candidates, it will "primarily benefit" more than six candidates if a
reasonable person receiving the mailing or seeing the advertisement will
believe that its purpose is to promote more than six candidates.
d.) When an expenditure is presumed to be a
related expenditure, the presumption can be overcome by evidence that the
elements of the definition in section 2809(c) were not met or that the elements
in 2809(d)(1-3) apply. When an expenditure is not presumed to be a related
expenditure because it substantially benefits more than six candidates, the
expenditure may still be treated as a related expenditure made on behalf of
each candidate if the elements of the definition in section 2809(c) were met
and the elements of (d)(1-3) do not apply.
4. For purposes of section 2809(d) which
states, in pertinent part, that "an expenditure shall not be considered a
related campaign expenditure made on the candidate's behalf" if all of the
following apply:
a.) The expenditures were
made in connection with a campaign event whose purpose was to provide a group
of voters with the opportunity to meet the candidate personally;
b.) The expenditures were made only for
refreshments and related supplies that were consumed at that event,
and
c.) The amount of the
expenditures for the event was less than $ 100.00.
An expenditure that meets the requirements above will not be a
related expenditure on a candidate's behalf even if the expenditure was
intentionally facilitated by, solicited by, or approved by the
candidate.
5.
For the purpose of section 2809(c) & (e), "opposing candidate" means any
person who seeks the same office that the candidate seeks.
Statutory Authority:
17 V.S.A. §
2809
