Sec 16-911. Independent expenditures; election officer analysis; coordination

A. In evaluating whether an expenditure is an independent expenditure as defined in section 16-901, an election official shall use the following as evidence of coordination and an expenditure is not an independent expenditure if any of the following applies:

1. Any officer, member, employee or agent of the political committee making the expenditure is also an officer, member, employee or agent of the committee of the candidate whose election or whose opponent's defeat is being advocated by the expenditure or an agent of the candidate whose election or whose opponent's defeat is being advocated by the expenditure.

2. There is any arrangement, coordination or direction with respect to the expenditure between the candidate or the candidate's agent and the person making the expenditure, including any officer, director, employee or agent of that person.

3. In the same election the person making the expenditure, including any officer, director, employee or agent of that person, is or has been:

(a) Authorized to raise or expend monies on behalf of the candidate or the candidate's authorized committees.

(b) Receiving any form of compensation or reimbursement from the candidate, the candidate's committees or the candidate's agent.

4. The expenditure is based on information about the candidate's plans, projects or needs, or those of the candidate's campaign committee, provided to the expending person by the candidate or by the candidate's agents or any officer, member or employee of the candidate's campaign committee with a view toward having the expenditure made.

B. For the purposes of subsection A, paragraphs 2 and 3 of this section:

1. The actions of an officer, director, employee or agent of a trade association organized and recognized by the United States internal revenue service under section 501(c)(6) of the internal revenue code are not attributable to the trade association making an independent expenditure if all of the following apply:

(a) The officer, director, employee or agent did not participate in any way in deciding to make an independent expenditure or in deciding the content, timing or targeting of an independent expenditure.

(b) The trade association had an express written policy describing the requisite separation prescribed in subdivision (a) of this paragraph.

(c) The trade association and the officer, director, employee or agent followed the written policy prescribed in subdivision (b) of this paragraph.

2. Serving on a host committee for a fund-raising event does not presumptively demonstrate any arrangement, coordination or direction.