[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR100.16]

[Page 53]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 100_SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents
 
                      Subpart A_General Definitions
 
Sec. 100.16  Independent expenditure (2 U.S.C. 431(17)).

    (a) The term independent expenditure means an expenditure by a 
person for a communication 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 committee or its agents. A communication is ``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 committee or its agents'' if it is a 
coordinated communication under 11 CFR 109.21 or a party coordinated 
communication under 11 CFR 109.37.
    (b) No expenditure by an authorized committee of a candidate on 
behalf of that candidate shall qualify as an independent expenditure.
    (c) No expenditure shall be considered independent if the person 
making the expenditure allows a candidate, a candidate's authorized 
committee, or their agents, or a political party committee or its agents 
to become materially involved in decisions regarding the communication 
as described in 11 CFR 109.21(d)(2), or shares financial responsibility 
for the costs of production or dissemination with any such person.

[68 FR 451, Jan. 3, 2003]