16-922. Independent and coordinated expenditures

A. Any person may make independent expenditures.

B. An expenditure is not an independent expenditure if either of the following applies:

1. There is actual coordination with respect to an expenditure between a candidate or candidate's agent and the person making the expenditure or that person's agent.

2. Both of the following apply:

(a) The expenditure is based on nonpublic information about a candidate's or candidate committee's plans or needs that the candidate or candidate's agent provides to the person making the expenditure or that person's agent.

(b) The candidate or candidate's agent provides the nonpublic information with an intent toward having the expenditure made.

C. In evaluating whether an expenditure is an independent expenditure, a filing officer or enforcement officer may consider the following to be rebuttable evidence of coordination:

1. Any agent of the person making the expenditure is also an agent of the candidate whose election or whose opponent's defeat is being advocated by the expenditure.

2. In the same election cycle, the person making the expenditure or that person's agent is or has been authorized to raise or spend monies on the candidate's behalf.

3. In the same election cycle, the candidate is or has been authorized to raise money or solicit contributions on behalf of the person making the expenditure.

D. Notwithstanding subsection C of this section, coordination does not exist under either of the following:

1. If the person making the expenditure maintains a firewall between the person and that person's agent in compliance with all of the following:

(a) The person's agent did not participate in deciding to make the expenditure or in deciding the content, timing or targeting of the expenditure.

(b) The person making the expenditure has a written policy establishing the firewall and its requirements.

(c) The person making the expenditure and the person's agent followed the written policy regarding the firewall.

2. Solely because an agent of a person making the expenditure serves or has served on a candidate's host committee for a fund-raising event.

E. An expenditure that is coordinated with a candidate, other than a coordinated party expenditure, is deemed an in-kind contribution to the candidate.

F. An entity that makes an independent expenditure, other than an individual or a committee, shall file independent expenditure reports pursuant to section 16-926, subsection H.