§ 17-25-23 - Funds expended by person, committee of a political party, or political action committee – Private expenditure.
SECTION 17-25-23
§ 17-25-23 Funds expended by person,committee of a political party, or political action committee – Privateexpenditure. – For the purposes of §§ 17-25-19 and 17-25-20, any funds expended by aperson, committee of a political party, or political action committee todirectly influence the outcome of the electoral contest involving the candidateshall be considered a contribution received by or an expenditure made by thecandidate for general office, or if one or more of the following relationshipsbetween the candidate and the person, committee of a political party, orpolitical action committee is present:
(1) There is any arrangement, coordination, or direction withrespect to the expenditure between the candidate or the candidate's agent andthe person making the expenditure;
(2) In the same election cycle, the person making theexpenditure, including any officer, director, employee, or agent of the person,is or has been authorized to raise or expend funds on behalf of the candidateor the candidate's authorized committees, or is or has been an officer of thecandidate's authorized committees, or is or has been receiving any form ofcompensation or reimbursement from the candidate, the candidate's authorizedcommittees, or the candidate's agent;
(3) The person making the expenditure, including any officer,director, employee, or agent of the person, has communicated with, advised, orcounseled the candidate or the candidate's agents at any time on thecandidate's plans, projects, or needs relating to the candidate's pursuit ofelection to general office in the same election cycle, including any advicerelating to the candidate's decision to seek election to general office;
(4) The person making the expenditure retains theprofessional services of any individual or other person also providing thoseservices to the candidate in connection with the candidate's pursuit ofelection to general office in the same election cycle, including any servicesrelating to the candidate's decision to seek election to general office;
(5) The person making the expenditure, including any officer,director, employer, or agent of the person, has communicated or consulted atany time during the same election cycle about the candidate's plans, projects,or needs relating to the candidate's pursuit of election to general office,with:
(i) Any officer, director, employee, or agent of a partycommittee that has made or intends to make expenditures or contributions, inconnection with the candidate's campaign; or
(ii) Any person whose professional services have beenretained by a political party committee that has made or intends to makeexpenditures or contributions;
(6) The expenditure is based on information provided to theperson making the expenditure directly or indirectly by the candidate or thecandidate's agents about the candidate's plans, projects, or needs; provided,that the candidate or the candidate's agents are aware that the other personhas made or is planning to make expenditures expressly advocating thecandidate's election; or
(7) The expenditure is made by a person with the intention ofseeking or obtaining any governmental benefit or consideration from thecandidate by reason of the expenditure.