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Tightens federal campaign finance rules by treating outside spending as “coordinated” with a candidate or party when it is materially consistent with instructions or guidance from that candidate, their campaign, or a party committee. The Federal Election Commission (FEC) must use a list of factors to decide if spending is materially consistent, and if one or more factors apply, coordination is presumed. This change applies to expenditures made on or after enactment. Because coordinated spending is treated like a contribution under existing law, outside groups, nonprofits, companies, and individuals face a higher risk that certain communications will be regulated as contributions subject to limits and source restrictions. Campaigns and party committees will need tighter compliance controls around public or private guidance to avoid triggering presumed coordination.
Amends Section 315(a) of the Federal Election Campaign Act (52 U.S.C. 30116(a)) by changing paragraph (7)(B)(i): strikes the words "or their agents" and inserts "or their agents, including expenditures described in paragraph (10),".
Amends Section 315(a) of the Federal Election Campaign Act (52 U.S.C. 30116(a)) by changing paragraph (7)(B)(ii): strikes "political party," and inserts "political party, including expenditures described in paragraph (10),".
Adds a new paragraph (10) to Section 315(a). Paragraph (10)(A) defines an expenditure described in paragraph (7)(B)(i) and (ii) as one where the making of the expenditure is materially consistent with instructions, directions, guidance, or suggestions from a candidate, an authorized committee of a candidate, or a national, State, or local committee of a political party, or from an agent of any such candidate or committee — regardless of whether those communications are public or communicated directly or indirectly to the person making the expenditure.
Paragraph (10)(B) requires the Commission to consider the factors listed in paragraph (10)(C) when determining whether an expenditure is materially consistent with instructions, directions, guidance, or suggestions. If the Commission finds that one or more of those factors apply to the making of the expenditure, the expenditure shall be presumed to be materially consistent for purposes of paragraph (7)(B)(i) and (ii).
Paragraph (10)(C) lists the factors the Commission shall consider: (i) whether the instructions indicate that information about a clearly identified candidate or political party should be communicated or disseminated to voters or a subset of voters; (ii) for expenditures that are Federal election activity or communications about a candidate or party, whether the instructions include information about the target audience (e.g., demographics, location, party affiliation); (iii) whether the instructions include suggested methods of communication or dissemination (e.g., direct mail, audio, video, social media, digital); (iv) for Federal election activity or communications, whether the instructions include or are accompanied by any phrase, image, video, or audio that is later used, in whole or in part, in the communication; (v) whether instructions containing one or more factors are set apart using a signal or cue; and (vi) other factors the Commission considers appropriate.
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Referred to the House Committee on House Administration.
Introduced March 27, 2025 by Jill Tokuda · Last progress March 27, 2025
Referred to the House Committee on House Administration.
Introduced in House