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Topic: Independent expenditure


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In the News (Fri 4 Dec 09)

  
  Independent Expenditures Brochure
An independent expenditure is an expenditure for communications "expressly advocating the election or defeat of a clearly identified candidate that is not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents, or a political party or its agents." 11 CFR 100.16(a).
Independent expenditures that aggregate $1,000 or more and are made after the 20th day before the election, but more than 24 hours before the election, must be disclosed to and received by the FEC within 24 hours of public distribution.
All reports of independent expenditures must also contain a certification and verification under penalty of perjury that the expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's committee, a political party committee or an agent of any of these.
www.fec.gov /pages/brochures/indexp.shtml   (2388 words)

  
 Maine Ethics Commission: Party Committees - Contributions and Expenditures
An independent expenditure is defined in the Maine Election Law to mean any expenditure that expressly advocates the election or defeat of a clearly identified candidate.
In addition, any expenditure made to design, produce or disseminate a communication that names or depicts a clearly identified candidate and that is disseminated during the 21 days before an election in a race involving a Maine Clean Election Act candidate is presumed to be an independent expenditure.
Independent expenditures are taken into account when determining whether a Maine Clean Election Act (MCEA) candidate is entitled to matching funds.
www.state.me.us /ethics/party/indexp.htm   (191 words)

  
 Zarb, Gerry. 2003. "The Economics of Independent Living."
Independent living and welfare economics are not comfortable partners because public welfare systems are mainly driven by the desire to control expenditure and ration resources.
Third, the development of independent living options for a larger number of older and disabled people is also being held back by the lack of any concept (outside of the Independent living movement itself) that independence could, or should be, established as a basic and universal human or civil right.
This means of course that people for whom independent living is considered to be too expensive are faced with a stark choice between struggling to maintain their independence in the community, or entering institutional care.
www.independentliving.org /docs6/zarb2003.html   (3041 words)

  
 [No title]   (Site not responding. Last check: 2007-07-09)
An "independent expenditure" is an expenditure made in connection with a communication which expressly advocates the election or defeat of a candidate or measure but which is not made: 1) to or at the behest of the candidate, or 2) in cooperation, coordination or consultation with the candidate or his or her agent.
The principal argument for the former approach is to limit independent contributions to the amount of qualifying contributions on hand at the time the independent expenditure is made.
As a practical resolution of this issue, the PEC could deem the independent expenditure(s) to have been made from contributions of $100 or less so long as the committee has received such contributions before or during the reporting period in which the independent expenditure is disclosed.
www.oaklandnet.com /government/public_ethics/memo.html   (1044 words)

  
 Independent Expenditures
Any expenditure made in cooperation or consultation with the candidate's campaign or as a result of a request, suggestion, or prior consent from the candidate or the campaign is an in-kind contribution, not an independent expenditure.
An expenditure made on behalf of a candidate but directed by a current or former officer or employee of that candidate's committee or by a person who has received compensation or reimbursement from the campaign is presumed not to be independent.
The independence of an expenditure made for a communication in support of a candidate (or in opposition to his or her opponent) may be compromised if the person making the communication and that candidate's campaign use the same consultant or vendor.
www.idsos.state.id.us /ELECT/indexpen.htm   (839 words)

  
 [No title]
This bill would instead require a committee that makes an expenditure of $5,000 or more to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage or defeat of a ballot measure to file a report within 10 days of the expenditure.
Existing law provides that an expenditure may not be considered independent, and shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf, or for whose benefit, the expenditure is made, if the expenditure is made under specified circumstances.
A late independent expenditure shall be reported on subsequent campaign statements without regard to reports filed pursuant to this section.
info.sen.ca.gov /pub/01-02/statute/ch_0201-0250/ch_241_st_2001_sb_34   (4091 words)

  
 Election Law @ Moritz - e-Book
Conversely, independent spending is where a group acts to support a candidate without such coordination, and this independent spending is not considered a contribution to the candidate, and not subject to dollar limits.
During the case, the FEC argued that all party expenditures should be treated "as if they had been coordinated as a matter of law." 8 The Court, in a plurality decision, disagreed with the FEC and concluded that a political party is capable of making an independent expenditure.
It is plausible that expenditures by a political party are more attractive to a candidate because the relationship between the party and candidate is likely much closer and stronger than a relationship between a candidate and other groups or individuals.
moritzlaw.osu.edu /electionlaw/ebook/part3/campaign_finance_fed06.html   (2063 words)

  
 Alaska Public Offices Commission
An independent expenditure supporting or opposing a candidate for election to public office, except an independent expenditure made by a nongroup entity with an annual operating budget of $250 or less, shall be reported in accordance with as 15.13.040 and 15.13.100 - 15.13.110 and other requirements of this chapter.
(10) "independent expenditure" means an expenditure that is made without the direct or indirect consultation or cooperation with, or at the suggestion or the request of, or with the prior consent of, a candidate, a candidate's campaign treasurer or deputy campaign treasurer, or another person acting as a principal or agent of the candidate;
Administrative regulations further provide that an independent expenditure may not be made in cooperation, consultation, or concert with or at the request, suggestion, or prior consent of a candidate or a member of a candidate’s campaign committee.
www.state.ak.us /apoc/a00501.htm   (1965 words)

  
 Maine Ethics Commission: Independent Expenditures
The person making the expenditure may rebut the presumption within 48 hours by filing a written statement [pdf] that the cost was not intended to influence the election.
Any individual or organization making an independent expenditure aggregating more than $100 per candidate must file an Independent Expenditure Report [pdf].
For example, an independent expenditure made to benefit a candidate may cause matching funds to be paid to the candidate's MCEA opponent.
www.state.me.us /ethics/guide/indepexp.htm   (200 words)

  
 CCEC Web Site
Anyone who makes independent expenditures related to a particular office that cumulatively exceeds $530 in an election cycle must file reports with the Secretary of State using its Campaign Finance Software.
When independent expenditures are made, and they exceed $530 dollars from any single person or organization, the expenditure triggers matching funds to participating candidates.
Any independent expenditure by an organization arising from a communication directly to the organization's members, shareholders, employees, affiliated persons and subscribers.
www.ccec.state.az.us /ccecscr/pub/indExpend.asp   (751 words)

  
 Electronically Filed Independent Expenditure Reports
What's included here — “Late” reporting of independent expenditures, which are required to be submitted within 48 (or in some periods 24) hours of the public distribution of some communications.
All electronically filed reports of independent expenditures are included here.
Independent expenditures are expenditures for communications “expressly advocating the election or defeat of a clearly identified candidate that are not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee, or their agents, or a political party or its agents.”
www.fec.gov /finance/disclosure/ie_reports.shtml   (248 words)

  
 KREF Advisory Opinion   (Site not responding. Last check: 2007-07-09)
If the expenditure is independent, the committee must be unauthorized by the candidate in accordance with KRS 121.210(4), and the candidate's campaign committee could have no authority over or communication with the unauthorized campaign committee.
KRS 121.150(1) requires a representative from the committee to sign a sworn statement that the expenditure was an independent expenditure and no prior communication was made with the campaign concerning the expenditure.
The intent of the statute is to insure that independent expenditures are in fact "independent" and are not in any manner coordinated or suggested by the candidate's campaign committee prior to the time the expenditure is made.
www.state.ky.us /agencies/kref/aos/ao95-012.htm   (1114 words)

  
 Independent Expenditure Reporting   (Site not responding. Last check: 2007-07-09)
That definition was taken from the statutory and regulatory definitions of ``independent expenditure'' (2 U.S.C. and 11 CFR 100.8(a)(2)) and ``expenditure'' (2 U.S.C. and 11 CFR 109.1).
Alternatively, if the committee wishes to disclose the independent expenditure before the communication is publicly disseminated, it could report the independent expenditure on Schedule E for the reporting period in which the payment is made, with no further reporting obligation at the time the communication is disseminated.
If the independent expenditure is first publicly disseminated outside the 24- hour reporting period, it must be reported no later than by the end of the regular reporting period during which the ad is first distributed.
www.washingtonwatchdog.org /documents/fr/02/mr/20/fr20mr02-4.html   (6033 words)

  
 The Lincoln Club v. City of Irvine
Although it is clear that expenditure limitations are subject to strict scrutiny and contribution limitations are subject to less than strict scrutiny, our case law has not described the level of scrutiny appropriate for an Ordinance that acts as both an expenditure and a contribution limitation.
that contributions to candidates are merely speech by proxy of the candidate himself and that contributions to candidates pose the danger of quid pro quo corruption, are not present in the context of contributions to independent expenditure committees.
This situation could also give rise to the appearance that contributors are evading valid limitations on contributions to candidates by funneling their contributions to independent expenditure committees, rather than directly to candidates, knowing full well that their contributions will be spent (albeit "independently") on behalf of the candidates that they seek to support.
www.law.com /regionals/ca/opinions/dec/0056444.shtml   (2595 words)

  
 Section 2.90.085 Independent expenditure reports.   (Site not responding. Last check: 2007-07-09)
A supplemental independent expenditure report shall also be filed for any independent expenditure which totals in the aggregate one thousand dollars or more and is made for or against any specific candidate for city office, after the closing date of the prior semiannual report period.
Such supplemental independent expenditure report shall be in a form provided by the city clerk, and shall be filed within twenty-four hours of the making of the independent expenditure.
D. The independent expenditure reporting requirements herein shall apply only to candidates for city office, their controlled committees, committees formed or existing primarily to support or oppose the candidacy of a candidate for city office, to city general purpose committees, and to other committees active only within the city.
www.ci.signal-hill.ca.us /city_clerk/municipal_code/Title_2/90/085.html   (436 words)

  
 Bill Summary H.F. 2318
Adds to the definition of "independent expenditure," a communication made within 30 days before an election that uses the candidate's name, photo, or image and either advocates taking political action or implies that one should vote for or against the candidate.
Amends the subdivision requiring notice of independent expenditures that was struck down by the federal court of appeals in 1994.
Creates an independent expenditure matching account in the state treasury from which candidates who have agreed to spending limits may borrow in order in order to respond to independent expenditures made against them during the 14 days before a primary or election.
www.house.leg.state.mn.us /hrd/bs/82/HF2318.html   (1093 words)

  
 Campaign Finance Law   (Site not responding. Last check: 2007-07-09)
An independent expenditure is an expenditure for a communication which expressly advocates the election or defeat of a clearly identified candidate and which is made independently from the candidate's campaign.
To be considered independent, the communication may not be made with the cooperation or consent of the candidate or his or her campaign; nor may it be made upon a request or suggestion of either the candidate or the campaign.
While there is no limit on how much anyone may spend on an independent expenditure, the law does require persons making independent expenditures to report them and to disclose the sources of the funds they used.
www.opensecrets.org /basics/law/independent.asp   (140 words)

  
 [No title]
And at the same time, the Court has concluded that limitations on independent expenditures are less directly related to preventing corruption, since -[t]he absence of prearrangement and coordination of an expenditure with the candidate.
If anything, an independent expenditure made possible by a $20,000 donation, but controlled and directed by a party rather than the donor, would seem less likely to corrupt than the same (or a much larger) independent expenditure made directly by that donor.
Nor does the fact that the Party Expenditure Provision fails to distinguish between coordinated and independent expenditures indicate a congressional judgment that such a distinction is impossible or untenable in the context of political party spending.
www.cco.caltech.edu /~mathog/colorado_opinion.txt   (4854 words)

  
 2001 Seattle Election - Independent Expenditures & PACs - Introduction - Clist Title 2
Independent Expenditure Committees This section will include reports filed by committees organized for the purpose of making independent expenditures.
Political Committees that make (or expect to make) Independent Expenditures or contributions in City Elections of $5,000 or more are required to electronically file their reports with the City.
Political Committees that make Independent Expenditures or contributions in City Elections of less than $5,000 (and do not expect to reach the $5,000 threshold during an election cycle) are NOT required to electronically file their reports with the City.
www.ci.seattle.wa.us /ethics/el01a/report/othfiler/othintro.htm   (431 words)

  
 Election Law @ Moritz - e-Book
Among the amendments was a new definition of independent expenditures.
Originally, the FEC "took the position that any expenditure by a political party in connection with a particular election for federal office was presumed to be coordinated with the party's candidate." 15 The FEC relied on this presumption of coordination to impose contribution limits on any expenditures made by political parties for any federal office.
Section 100.23 stated that any expenditure for general public political communication that is coordinated and includes a clearly identified candidate is both an expenditure and an in-kind contribution.
moritzlaw.osu.edu /electionlaw/ebook/part3/campaign_finance_fed04.html   (1646 words)

  
 Bipartisan Campaign Finance Reform Act of 1999
201) Redefines the term "expenditure" to includea payment made by a political committee for a communication that refers to a clearly identified candidate and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy).
Requires a political party committee, before making a coordinated expenditure to a candidate, to certify to the Commission that it has not and shall not make any independent expenditure to the candidate during the same election cycle.
Considers a coordinated activity as a contribution to the candidate, and in the case of a limitation on expenditures, treats it as an expenditure by the candidate.
www.house.gov /shays/reform/reform/s-msumm.htm   (1418 words)

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