[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: 11CFR109.1]

[Page 120-121]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 109--INDEPENDENT EXPENDITURES (2 U.S.C. 431(17), 434(c))--Table of Contents
 
Sec. 109.1  Definitions (2 U.S.C. 431(17)).

    (a) Independent expenditure means an expenditure by a person for a 
communication expressly advocating the election or defeat of a clearly 
identified candidate that is not made with the cooperation of, or in 
consultation with, or in concert with, or at the request or suggestion 
of, a candidate or any agent or authorized committee of such candidate.
    (b) For purposes of this definition--
    (1) Person means an individual, partnership, committee, association, 
qualified nonprofit corporation under 11 CFR 114.10(c), or any 
organization or group of persons, including a separate segregated fund 
established by a labor organization, corporation, or national bank (see 
part 114) but does not mean a labor organization, corporation not 
qualified under 11 CFR 114.10(c), or national bank.
    (2) Expressly advocating shall have the same meaning as set forth at 
11 CFR 100.22.
    (3) Clearly identified shall have the same meaning as set forth at 
11 CFR 100.17.
    (4) A communication is ``made with the cooperation of, or in 
consultation with, or in concert with, or at the request or suggestion 
of, a candidate or any agent or authorized committee of such candidate'' 
if it is a coordinated general public political communication under 11 
CFR 100.23.
    (5) Agent means any person who has actual oral or written authority, 
either express or implied, to make or to authorize the making of 
expenditures on behalf of a candidate, or means any person who has been 
placed in a position within the campaign organization

[[Page 121]]

where it would reasonably appear that in the ordinary course of 
campaign-related activities he or she may authorize expenditures.
    (c) An expenditure not qualifying under this section as an 
independent expenditure shall be a contribution in-kind to the candidate 
and an expenditure by the candidate, unless otherwise exempted.
    (d)(1) The financing of the dissemination, distribution, or 
republication, in whole or in part, of any broadcast or any written, 
graphic, or other form of campaign materials prepared by the candidate, 
his campaign committees, or their authorized agents shall be considered 
a contribution for the purposes of contribution limitations and 
reporting responsibilities by the person making the expenditure but 
shall not be considered an expenditure by the candidate or his 
authorized committees unless the dissemination, distribution, or 
republication of campaign materials is a coordinated general public 
political communication under 11 CFR 100.23
    (2) This paragraph does not affect the right of a State or 
subordinate party committee to engage in such dissemination, 
distribution, or republication as agents designated by the national 
committee pursuant to Sec. 110.7(a)(4).
    (e) No expenditure by an authorized committee of a candidate on 
behalf of that candidate shall qualify as an independent expenditure.

[45 FR 15118, Mar. 7, 1980, as amended at 60 FR 35305, July 6, 1995; 60 
FR 64273, Dec. 14, 1995; 65 FR 76146, Dec. 6, 2000]