19:44A-3.1 Determination as to coordinated communication expenditure; criteria.

11. To determine whether a person, candidate committee, joint candidates committee, continuing political committee, or independent expenditure committee has made a coordinated expenditure with any candidate or political party, the Election Law Enforcement Commission shall consider whether the candidate or political party, the candidate committee, or any staff member or agent thereof:

a. cooperated with, consented to, authorized, or exercised control over the production or circulation of the communication expenditure;

b. requested or suggested that the communication expenditure be made;

c. provided information to the person or entity making the communication expenditure with regard to the content, timing, location, mode, intended audience, distribution, or placement of the television, radio, direct mail, or other form of communication;

d. discussed or negotiated with the purchaser, creator, producer, or distributor of the communication concerning the content, timing, location, mode, intended audience, distribution, or placement of the communication;

e. shared information or held discussions on campaign or media strategy with the person or entity making the communication expenditure or with the purchaser, creator, producer, or distributor of the communication;

f. shared its polling or other research with the person or entity making the communication expenditure or whether or not the person or entity making the communication expenditure shared its polling or other research with the candidate, candidate committee, or with any agent of the candidate or candidate committee; or

g. engaged in any other activity the Election Law Enforcement Commission determines, by regulation, constitutes a coordinated expenditure.

L.2019, c.124, s.11.