[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR100.23]

[Page 68-69]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents
 
Sec. 100.23  Coordinated General Public Political Communications.

    (a) Scope. (1) This section applies to expenditures for general 
public political communications paid for by persons other than 
candidates, authorized committees, and party committees.
    (2) Coordinated party expenditures made on behalf of a candidate 
pursuant to 2 U.S.C. 441a(d) are governed by 11 CFR 110.7.
    (b) Treatment of expenditures for general public political 
communications as expenditures and contributions. Any expenditure for 
general public political communication that includes a clearly 
identified candidate and is coordinated with that candidate, an opposing 
candidate or a party committee supporting or opposing that candidate is 
both an expenditure under 11 CFR 100.8(a) and an in-kind contribution 
under 11 CFR 100.7(a)(1)(iii).
    (c) Coordination with candidates and party committees. An 
expenditure for a general public political communication is considered 
to be coordinated with a candidate or party committee if the 
communication--
    (1) Is paid for by any person other than the candidate, the 
candidate's authorized committee, or a party committee, and
    (2) Is created, produced or distributed--
    (i) At the request or suggestion of the candidate, the candidate's 
authorized committee, a party committee, or the agent of any of the 
foregoing;
    (ii) After the candidate or the candidate's agent, or a party 
committee or its agent, has exercised control or decision-making 
authority over the content, timing, location, mode, intended audience, 
volume of distribution, or frequency of placement of that communication; 
or
    (iii) After substantial discussion or negotiation between the 
creator, producer or distributor of the communication, or the person 
paying for the communication, and the candidate, the candidate's 
authorized committee, a party committee, or the agent of such candidate 
or committee, regarding the content, timing, location, mode, intended 
audience, volume of distribution or frequency of placement of that 
communication, the result of which is collaboration or agreement. 
Substantial discussion or negotiation may be evidenced by one or more 
meetings, conversations or conferences regarding the value or importance 
of the communication for a particular election.

[[Page 69]]

    (d) Exception. A candidate's or political party's response to an 
inquiry regarding the candidate's or party's position on legislative or 
public policy issues does not alone make the communication coordinated.
    (e) Definitions. For purposes of this section:
    (1) General public political communications include those made 
through a broadcasting station (including a cable television operator), 
newspaper, magazine, outdoor advertising facility, mailing or any 
electronic medium, including the Internet or on a web site, with an 
intended audience of over one hundred people.
    (2) Clearly identified has the same meaning as set forth in 11 CFR 
100.17.
    (3) Agent has the same meaning as set forth in 11 CFR 109.1(b)(5).

[65 FR 76146, Dec. 6, 2000]