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SECTION 14-107
Independent expenditure reporting
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 1
§ 14-107. Independent expenditure reporting. 1. For purposes of this
article:

(a) "Independent expenditure" means an expenditure made by an
independent expenditure committee in the form of (i) an audio or video
communication via broadcast, cable or satellite, (ii) a written
communication via advertisements, pamphlets, circulars, flyers,
brochures, letterheads or (iii) other published statements, where such
expenditure is conveyed to five hundred or more members of a general
public audience, or in the form of any paid internet or digital
advertisement targeted to fifty or more members of a general public
audience, which: (i) irrespective of when such communication is made,
contains words such as "vote," "oppose," "support," "elect," "defeat,"
or "reject," which call for the election or defeat of the clearly
identified candidate, (ii) refers to and advocates for or against a
clearly identified candidate or ballot proposal on or after January
first of the year of the election in which such candidate is seeking
office or such proposal shall appear on the ballot, or (iii) within
sixty days before a general or special election for the office sought by
the candidate or thirty days before a primary election, includes or
references a clearly identified candidate. An independent expenditure
shall not include communications where such candidate, the candidate's
political committee or its agents, a party committee or its agents, or a
constituted committee or its agents or a political committee formed to
promote the success or defeat of a ballot proposal or its agents, did
authorize, request, suggest, foster or cooperate in such communication.

(b) Independent expenditures do not include expenditures in connection
with:

(i) a written news story, commentary, or editorial or a news story,
commentary, or editorial distributed through the facilities of any
broadcasting station, cable or satellite unless such publication or
facilities are owned or controlled by any political party, political
committee or candidate; or

(ii) a communication that constitutes a candidate debate or forum; or

(iii) internal communication by members to other members of a
membership organization of not more than five hundred members, for the
purpose of supporting or opposing a candidate or candidates for elective
office, provided such expenditures are not used for the costs of
campaign material or communications used in connection with
broadcasting, telecasting, newspapers, magazines, or other periodical
publication, billboards, or similar types of general public
communications; or

(iv) internal communications by members to other members of a
membership organization of not more than five hundred members or
communications by a corporation organized for charitable purposes
pursuant to §501(c)(3) of the internal revenue code, within sixty days
before a general or special election for the office sought by the
candidate or thirty days before a primary election, that includes or
references a clearly identified candidate but does not otherwise qualify
as an independent expenditure under this section.

(v) a communication published on the Internet, unless the
communication is a paid advertisement.

(c) An independent expenditure committee shall not include payments or
expenditures made by a party or constituted committee that is required
to file disclosure reports under this chapter.

(d) Independent expenditures shall not include payments or
expenditures where coordination occurs in the creation, formation, or
operation of the independent expenditure committee making the payment or
expenditure.

Coordination shall include:

(i) The candidate or the candidate's authorized committee, or an agent
of the candidate or candidate's authorized committee, participated in
the creation or formation of the independent expenditure committee
within two years of the general election, primary or special election in
which the candidate is a candidate for nomination or election and the
payment or expenditure made is for the benefit of that candidate.

(ii) The candidate or an agent of the candidate appears at any
fundraising event hosted by an independent expenditure committee, or its
agent, making a payment or expenditure that benefits that candidate
within two years of the general election, primary or special election in
which the candidate is a candidate for nomination or election.

(iii) The independent expenditure committee making the payment or
expenditure, or its agent, employed or retained an individual, other
than an individual described in subparagraph (viii) of this paragraph,
who was employed by the candidate, the candidate's authorized committee
or an agent of the candidate or has held a policymaking,
non-administrative position in the office of the candidate's elected
office within two years of the general election, primary or special
election in which the candidate is a candidate for nomination or
election, and the payment or expenditure is made for the benefit of that
candidate.

(iv) The independent expenditure committee making the payment or
expenditure, or its agent, is a member of the candidate's immediate
family or is established, directed, or managed by a member of the
immediate family of the candidate, and the payment or expenditure is
made for the benefit of that candidate.

(v) The independent expenditure committee making the payment or
expenditure benefiting the candidate, republishes, disseminates, or
distributes, in whole or in part, any video, audio, written, or other
campaign-related material prepared by the candidate or the candidate's
authorized committee or by an agent of the candidate or the candidate's
authorized committee. This paragraph shall not apply if the independent
expenditure committee making the payment or expenditure obtains the
communication or materials from a publicly available source.

(vi) The candidate or the candidate's authorized committee, or an
agent of the candidate or the candidate's authorized committee, shares
or rents space for a campaign-related purpose with or from the
independent expenditure committee, or its agent, making the payment or
expenditure benefitting the candidate.

(vii) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate has participated in
strategic discussions with the candidate, the candidate's authorized
committee, or an agent of the candidate or the candidate's authorized
committee within two years of the general election, primary or special
election in which the candidate is a candidate for nomination or
election. Discussions shall be deemed strategic if information about the
candidate's or opponent's electoral campaign plans, projects, or
activities that is not obtained from a publicly available source is
conveyed to the independent expenditure committee, or its agent, making
the payment or expenditure. This paragraph shall only apply to
discussions occurring after the independent expenditure committee is
formed or, one week after the candidate has been certified for that
election, whichever occurs first.

(viii) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate, and the candidate or
the candidate's authorized committee knowingly retain the same
individual or entity to provide professional campaign services within
two years of the general election, primary or special election in which
the candidate is a candidate for nomination or election, and the
professional campaign services provider discloses strategic information
regarding one party with the other party. Information shall be deemed
strategic if it relates to either party's respective campaign or
independent expenditure plans, projects, or activities that are not
obtained from a publicly available source. This subparagraph shall not
prohibit a candidate, a candidate's authorized committee, or an agent of
the candidate or the candidate's authorized committee from retaining the
same professional campaign services provider as the independent
expenditure committee, or its agent, making the payment or expenditure
benefitting the candidate upon the professional campaign services
provider entering into a confidentiality agreement with both parties
expressly stating that it will not disclose strategic information
regarding each party with the other party.

(ix) The independent expenditure committee, or its agent, making the
payment or expenditure benefitting the candidate, utilizes strategic
information or data related to the candidate, that is not from a
publicly available source and is not otherwise available by
subscription, from an individual who has been previously compensated,
reimbursed or retained by the candidate as a consultant, political,
media or fundraising advisor, vendor or contractor within two years of
the general election, primary or special election in which the candidate
is a candidate for nomination or election.

(e) The following shall not be coordination:

(i) A candidate's or a party or constituted committee's response to an
inquiry about that candidate's or party or constituted committee's
positions on legislative or policy issues.

(ii) A public communication in which a candidate is clearly identified
only in his or her capacity as the owner or operator of a business that
existed prior to the candidacy is not a coordinated communication with
respect to the clearly identified candidate if: (A) The medium, timing,
content, and geographic distribution of the public communication are
consistent with public communications made prior to the candidacy; and
(B) The public communication does not promote, support, attack, or
oppose that candidate or another candidate in their capacity as
candidates who seeks the same office as that candidate.

(f) For purposes of this section, the term "immediate family" means
spouse, child, parent, grandparent, brother, half-brother, sister, or
half-sister of the candidate, and the spouses of such persons.

(g) For purposes of this section, "agent" means a person authorized by
the candidate or the candidate's authorized committee, who acts on
behalf of or at the direction of a candidate or the candidate's
authorized committee; or a party committee or constituted committee
acting on behalf of a candidate; or a person authorized by an
independent expenditure committee who acts on behalf of or at the
direction of such committee.

2. Whenever any person makes an independent expenditure, such
communication shall, in a manner consistent with section 14-106 of this
article, clearly state the name of the person who paid for, or otherwise
published or distributed the communication and state, with respect to
communications regarding candidates, that the communication was not
expressly authorized or requested by any candidate, or by any
candidate's political committee or any of its agents; provided, however,
that paragraphs three and four of section 14-106 of this article shall
not apply to the disclosure requirements under this section.

3. Any person prior to making any independent expenditure shall first
register with the state board of elections as a political committee and
as an independent expenditure committee in conformance with this article
provided, however, that no foreign national, government, instrumentality
or agent may register as an independent expenditure committee for the
purpose of making independent expenditures in any state or local
election. Such person shall comply with all disclosure obligations
required for political committees by law and shall provide the following
additional information upon registration:

(a) Where the person making the statement is an individual, the name,
address, occupation and employer of the person.

(b) Where the person making the statement is an entity, the name and
employer of any individual who exerts operational or managerial
influence or control over the entity, as well as any salaried employee
of the entity. The disclosures required by this paragraph shall include
the name of at least one natural person.

(c) Identification of individuals named in paragraphs (a) and (b) of
this subdivision who have, during the two-year period before the
statement is filed, been employed or retained as a political, media, or
fundraising adviser or consultant for a candidate, any entity directly
controlled by a candidate, or any party committee or constituted
committee, or have held a formal position in the office of a candidate's
elected office, or any party committee or constituted committee, and the
name of the relevant employer.

(d) Identification of individuals named in paragraphs (a), (b) and (c)
of this paragraph who are members of a candidate's immediate family.

(e) The information provided pursuant to this subdivision shall be
updated within twenty-four hours of any change in ownership or control
of any registered entity.

4. (a) Required disclosures. (i) Any independent expenditure
committee who has registered pursuant to subdivision three of this
section shall disclose to the state board of elections electronically,
once a week on Monday any contribution to such committee of one thousand
dollars or more, any expenditures, except paid internet and digital
advertisements, made by such committee over five thousand dollars, and
any independent expenditure in the form of a paid internet or digital
advertisement over five hundred dollars made during the reporting
period.

(ii) Any independent expenditure committee who has registered with the
state board of elections pursuant to subdivision three of this section
shall disclose to the state board of elections electronically, within
twenty-four hours, any contribution to such independent expenditure
committee of one thousand dollars or more or expenditure made by such
committee over five thousand dollars made within thirty days before any
primary, general, or special election.

(b) The disclosures required by paragraph (a) of this subdivision
shall include, in addition to any other information required by law:

(i) the name, address, occupation and employer of the person making
the statement;

(ii) For each expenditure or payment made: (1) the dollar amount paid
for each independent expenditure, the name and address of the person or
entity receiving the payment, the date the payment was made and a
description of the independent expenditure;

(2) the election to which the independent expenditure pertains and the
name of the clearly identified candidate or the ballot proposal
referenced and whether the candidate or ballot proposal is supported or
opposed; and

(3) A list of all expenditures made by and liabilities incurred for
services rendered during the relevant reporting period.

(iii) For each contribution received the name, address, occupation and
employer of any person providing a contribution, gift, loan, advance or
deposit of one thousand dollars or more for the independent expenditure,
or the provision of services for the same and the date it was given.

5. A copy of all political communications paid for by the independent
expenditure, including but not limited to broadcast, cable or satellite
schedules and scripts, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter and statements or
information conveyed to one thousand or more members of a general public
audience by computer or other electronic devices, and paid internet or
digital advertisements, shall be filed with the state board of elections
with the statements required by this section.

5-a. The state board of elections shall maintain and make available
online for public inspection in a machine readable format, a complete
record of any independent expenditure in the form of a paid internet or
digital advertisement required to be filed under subdivision five of
this section. The record shall be maintained for a period no less than
five years from the date of filing and contain a digital copy of the
independent expenditure and the information provided on the registration
form of the independent expenditure committee making such expenditure
pursuant to paragraphs (a) and (b) of subdivision three of this section.
The state board of elections shall promulgate rules necessary to comply
with the provisions of this subdivision which shall be effective no
later than one hundred twenty days after the effective date of this
subdivision.

6. Every statement required to be filed pursuant to this section shall
be filed electronically with the state board of elections.

7. The state board of elections shall promulgate regulations with
respect to the statements required to be filed by this section and shall
provide forms suitable for such statements.

8. (a) All criminal liability related to this section shall require
knowing and willful violations in accordance with section 14-126 of this
article.

(b) A knowing and willful violation of the provisions of subdivisions
three and four of this section shall subject the person to a civil
penalty equal to five thousand dollars or the cost of the communication,
whichever is greater, in a special proceeding or civil action brought by
the board.