SB 528

This bill prohibits a political action committee, independent expenditure

committee, or other person from making expenditures for certain mass

communications that are coordinated with a candidate or the candidate's agent or

the legislative campaign committee or political party of the candidate's political

party in violation of the contribution limits and source restrictions applicable to the

candidate. Current law imposes this same prohibition on expenditures for express

advocacy that are coordinated with a candidate, the candidate's agent, or an LCC or

PP. Under current law, an expenditure is coordinated if either of the following

applies: 1) the candidate, candidate's agent, LCC, or PP communicates directly with

and specifically requests that the PAC, IEC, or other person make the expenditure

and the PAC, IEC, or other person explicitly assents to the request before making the

expenditure; or 2) the candidate, candidate's agent, LCC, or PP exercises control over

the expenditure or the content, timing, location, form, intended audience, number,

or frequency of the communication.

This bill eliminates the definition of coordination applicable to express

advocacy expenditures and creates new definitions for coordination that apply to

expenditures for express advocacy and to expenditures for a mass communication.

The bill provides that an expenditure for express advocacy is coordinated if the

candidate, candidate's agent, LCC, or PP exercises control over or engages in

substantial discussions or negotiations with the person making the expenditure

regarding the content, timing, location, form, intended audience, or frequency of the

communication. Similarly, the bill specifies that a mass communication is

coordinated if the candidate, the candidate's agent, or the LCC or PP exercises

control over or engages in substantial discussions or negotiations with the person

making the expenditure regarding the content, timing, location, form, intended

audience, or frequency of the mass communication.

The bill defines mass communication as a message that is disseminated by

means of one or more communications media, a mass electronic communication, a

mass distribution, or a mass telephoning, but not including a bona fide poll

conducted for the purpose of objectively identifying or collecting data concerning the

attitude or preference of electors. The bill requires the person making the

disbursement to report information including the name and address of the person

that received the disbursement and whether the person making the disbursement

for the mass communication coordinated with the candidate.