[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: 11CFR109.37]

[Page 159-160]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 109_COORDINATED AND INDEPENDENT EXPENDITURES (2 U.S.C. 431(17),
441a(a) and (d), AND PUB. L. 107-155 SEC. 214(c))--Table of Contents
 
       Subpart D_Special Provisions for Political Party Committees
 
Sec. 109.37  What is a ``party coordinated communication''?

    (a) Definition. A political party communication is coordinated with 
a candidate, a candidate's authorized committee, or agent of any of the 
foregoing, when the communication satisfies the conditions set forth in 
paragraphs (a)(1), (a)(2), and (a)(3) of this section.
    (1) The communication is paid for by a political party committee or 
its agent.
    (2) The communication satisfies at least one of the content 
standards described in paragraphs (a)(2)(i) through (a)(2)(iii) of this 
section.
    (i) A public communication that disseminates, distributes, or 
republishes, in whole or in part, campaign materials prepared by a 
candidate, the candidate's authorized committee, or an agent of any of 
the foregoing, unless the dissemination, distribution, or republication 
is excepted under 11 CFR 109.23(b). For a communication that satisfies 
this content standard, see 11 CFR 109.21(d)(6).
    (ii) A public communication that expressly advocates the election or 
defeat of a clearly identified candidate for Federal office.
    (iii) A public communication, as defined in 11 CFR 100.26, that 
satisfies paragraphs (a)(2)(iii)(A) or (B) of this section:
    (A) References to House and Senate candidates. The public 
communication refers to a clearly identified House or Senate candidate 
and is publicly distributed or otherwise publicly disseminated in the 
clearly identified candidate's jurisdiction 90 days or fewer before the 
clearly identified candidate's general, special, or runoff election, or 
primary or preference election, or nominating convention or caucus.
    (B) References to Presidential and Vice Presidential candidates. The 
public communication refers to a clearly identified Presidential or Vice 
Presidential

[[Page 160]]

candidate and is publicly distributed or otherwise publicly disseminated 
in a jurisdiction during the period of time beginning 120 days before 
the clearly identified candidate's primary or preference election in 
that jurisdiction, or nominating convention or caucus in that 
jurisdiction, up to and including the day of the general election.
    (3) The communication satisfies at least one of the conduct 
standards in 11 CFR 109.21(d)(1) through (d)(6), subject to the 
provisions of 11 CFR 109.21(e), (g), and (h). A candidate's response to 
an inquiry about that candidate's positions on legislative or policy 
issues, but not including a discussion of campaign plans, projects, 
activities, or needs, does not satisfy any of the conduct standards in 
11 CFR 109.21(d)(1) through (d)(6). Notwithstanding paragraph (b)(1) of 
this section, the candidate with whom a party coordinated communication 
is coordinated does not receive or accept an in-kind contribution, and 
is not required to report an expenditure that results from conduct 
described in 11 CFR 109.21(d)(4) or (d)(5), unless the candidate, 
authorized committee, or an agent of any of the foregoing, engages in 
conduct described in 11 CFR 109.21(d)(1) through (d)(3).
    (b) Treatment of a party coordinated communication. A payment by a 
political party committee for a communication that is coordinated with a 
candidate, and that is not otherwise exempted under 11 CFR part 100, 
subpart C or E, must be treated by the political party committee making 
the payment as either:
    (1) An in-kind contribution for the purpose of influencing a Federal 
election under 11 CFR 100.52(d) to the candidate with whom it was 
coordinated, which must be reported under 11 CFR part 104; or
    (2) A coordinated party expenditure pursuant to coordinated party 
expenditure authority under 11 CFR 109.32 in connection with the general 
election campaign of the candidate with whom it was coordinated, which 
must be reported under 11 CFR part 104.

[68 FR 451, Jan. 3, 2003, as amended at 71 FR 33210, June 8, 2006]