SB 1155

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.