[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR109.37]

[Page 151]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 109--COORDINATED AND INDEPENDENT EXPENDITURES (2 U.S.C. 431(17), 441a(a) and (d), AND PUB. L. 107-155 SEC. 214(c))--Table of Contents
 
      Subpart D--Special Provisions for Political Party Committees
 
Sec. 109.37  What is a ``party coordinated communication''?

    (a) Definition. A political party communication is coordinated with 
a candidate, a candidate's authorized committee, or agent of any of the 
foregoing, when the communication satisfies the conditions set forth in 
paragraphs (a)(1), (a)(2), and (a)(3) of this section.
    (1) The communication is paid for by a political party committee or 
its agent.
    (2) The communication satisfies at least one of the content 
standards described in paragraphs (a)(2)(i) through (a)(2)(iii) of this 
section.
    (i) A public communication that disseminates, distributes, or 
republishes, in whole or in part, campaign materials prepared by a 
candidate, the candidate's authorized committee, or an agent of any of 
the foregoing, unless the dissemination, distribution, or republication 
is excepted under 11 CFR 109.23(b). For a communication that satisfies 
this content standard, see 11 CFR 109.21(d)(6).
    (ii) A public communication that expressly advocates the election or 
defeat of a clearly identified candidate for Federal office.
    (iii) A communication that is a public communication, as defined in 
11 CFR 100.26, and about which each of the following statements in 
paragraphs (a)(2)(iii)(A) through (a)(2)(iii)(C) of this section are 
true.
    (A) The communication refers to a clearly identified candidate for 
Federal office;
    (B) The public communication is publicly distributed or otherwise 
publicly disseminated 120 days or fewer before a general, special, or 
runoff election, or 120 days or fewer before a primary or preference 
election, or a convention or caucus of a political party that has 
authority to nominate a candidate; and
    (C) The public communication is directed to voters in the 
jurisdiction of the clearly identified candidate.
    (3) The communication satisfies at least one of the conduct 
standards in 11 CFR 109.21(d)(1) through (d)(6), subject to the 
provisions of 11 CFR 109.21(e). A candidate's response to an inquiry 
about that candidate's positions on legislative or policy issues, but 
not including a discussion of campaign plans, projects, activities, or 
needs, does not satisfy any of the conduct standards in 11 CFR 
109.21(d)(1) through (d)(6). Notwithstanding paragraph (b)(1) of this 
section, the candidate with whom a party coordinated communication is 
coordinated does not receive or accept an in-kind contribution, and is 
not required to report an expenditure, that results from conduct 
described in 11 CFR 109.21(d)(4) or (d)(5), unless the candidate, 
authorized committee, or an agent of any of the foregoing, engages in 
conduct described in 11 CFR 109.21(d)(1) through (d)(3).
    (b) Treatment of a party coordinated communication. A payment by a 
political party committee for a communication that is coordinated with a 
candidate, and that is not otherwise exempted under 11 CFR part 100, 
subpart C or E, must be treated by the political party committee making 
the payment as either:
    (1) An in-kind contribution for the purpose of influencing a Federal 
election under 11 CFR 100.52(d) to the candidate with whom it was 
coordinated, which must be reported under 11 CFR part 104; or
    (2) A coordinated party expenditure pursuant to coordinated party 
expenditure authority under 11 CFR 109.32 in connection with the general 
election campaign of the candidate with whom it was coordinated, which 
must be reported under 11 CFR part 104.