SB541 HFA Skinner 3-13 #1 [amends SB541 HJUD AM 3-8]

            Delegate Skinner moves to amend the amendment on page 13, line 1, following Section 1b, by inserting a new Section 1c to read as follows:

Ҥ3-8-1c. Political expenditure defined.

            (a) A “political expenditure” is “made in coordination” or otherwise considered to be coordinated with a candidate, candidate committee or party committee if:

            (1) The communication resulting from the political expenditure is paid for, in whole or in part, by a person other than that candidate, candidate committee or party committee; and

            (2) It satisfies at least one of the following conduct standards:

            (A) The communication is created, produced, distributed or undertaken at the request or suggestion of a candidate, candidate committee, party committee; or

            (B) The candidate, candidate committee or party committee assents, directly or implicitly, to the creation, production or distribution of the communication.

            (C) The candidate, candidate committee or party committee is involved in the creation, production, or distribution of the communication, or has had discussions about the communication with any person or the agents of a person who has paid for or played a role in the creation, production or distribution of the communications. However, this paragraph is not satisfied if the information used in the creation, production distribution or undertaking of the communication was obtained through a publicly available source.

            (D) Any person involved in the creation, production or distribution of the communication has, in the last eighteen months preceding the election for which the expenditure is made, been an employee of or vendor of campaign service for the candidate, candidate committee or party committee.

            (b) A “political expenditure” is not “made in coordination” or otherwise considered to be coordinated due to the fact that any of the following occur:

            (1) A candidate committee or a political party committee responds to an inquiry about the candidate’s or political party committee’s positions on legislative or policy issues, including substantive discussion of the legislative or policy issues, but not including a discussion of campaign plans, projects, activities, or needs;

            (2) A candidate endorses another candidate; or

            (3) A candidate is clearly identified only in his or her capacity as the owner or operator of a business that existed prior to the candidacy, if the communication does not refer to an election or another candidate who seeks the same office as that candidate.

            (c) The coordination standard in subsection (a) is not met if a commercial vendor, former employee or political committee has established and implemented a firewall that meets the following requirements: Provided, That the communication does not qualify for this exemption if specific information indicates that, despite the firewall, information about a candidate's, candidate committee's, measure committee's, or party committee's campaign plans, projects, activities or needs that is material to the creation, production or distribution of the political expenditure was used or conveyed to the person paying for the political expenditure:

            (1) The firewall must be designed and implemented to prohibit the flow of information between employees or consultants providing services for the person paying for the communication and those employees or consultants currently or previously providing services to a candidate or party committee, or a candidate committee or measure committee supporting or opposing a candidate or measure clearly identified in the political expenditure; and

            (2) The firewall must be described in a written policy that is distributed to all relevant employees, consultants and clients affected by the policy.

            (d) Any communication that results from a political expenditure and is made in coordination with a candidate or candidate’s committee must contain a disclaimer that clearly identifies that the expenditure is coordinated with the candidate or candidate’s committee with whom it is coordinated.”