I 

118TH CONGRESS 

2D SESSION H. R. 9589 

To amend the Federal Election Campaign Act of 1971 to treat expenditures 

as coordinated with a candidate, an authorized committee of a candidate, 

or a committee of a national, State, or local political party if the making 

of the expenditures is materially consistent with instructions, directions, 

guidance, and suggestions from such candidate or committee, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2024 

Ms. TOKUDA (for herself, Mr. POCAN, Ms. JAYAPAL, and Mr. CASE) introduced the following bill; which was referred to the Committee on House 

Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

treat expenditures as coordinated with a candidate, an 

authorized committee of a candidate, or a committee 

of a national, State, or local political party if the making 

of the expenditures is materially consistent with instructions, directions, guidance, and suggestions from such 

candidate or committee, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stop Illegal Campaign 

3 Coordination Act’’. 

4 SEC. 2. TREATMENT OF CERTAIN EXPENDITURES AS CO5 ORDINATED EXPENDITURES. 

6 (a) IN GENERAL.—Section 315(a) of the Federal 

7 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 

8 amended— 

9 (1) in paragraph (7)(B)(i), by striking ‘‘or their 

10 agents’’ and inserting ‘‘or their agents, including ex11 penditures described in paragraph (10),’’; 

12 (2) in paragraph (7)(B)(ii) by striking ‘‘political 

13 party,’’ and inserting ‘‘political party, including ex14 penditures described in paragraph (10),’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(10)(A) For purposes of paragraph (7)(B)(i) and 

18 (ii), an expenditure is described in this paragraph if the 

19 making of the expenditure is materially consistent with in20 structions, directions, guidance, or suggestions from a 

21 candidate, an authorized committee of a candidate, or a 

22 national, State, or local committee of a political party, or 

23 from an agent of any such candidate or committee, regard24 less of whether the instructions, directions, guidance, or 

25 suggestions are made available to the general public or 


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1 are communicated directly or indirectly to the person mak2 ing the expenditure. 

3 ‘‘(B) To determine whether the making of an expend4 iture is materially consistent with instructions, directions, 

5 guidance, or suggestions from a candidate or committee 

6 for purposes of this paragraph, the Commission shall con7 sider each of the factors described in subparagraph (C), 

8 and if the Commission determines that one or more of 

9 such factors apply with respect to the making of the ex10 penditure, the making of the expenditure shall be pre11 sumed to be materially consistent with instructions, direc12 tions, guidance, or suggestions from a candidate or com13 mittee for purposes of this paragraph. 

14 ‘‘(C) The factors described in this subparagraph are 

15 the following: 

16 ‘‘(i) Whether the instructions, directions, guid17 ance, or suggestions indicate that information re18 garding a clearly identified candidate or political 

19 party should be communicated or disseminated to 

20 voters or any subset of voters. 

21 ‘‘(ii) In the case of an expenditure consisting of 

22 Federal election activity or a communication which 

23 disseminates to any person information about a can24 didate or political party, whether the instructions, 

25 directions, guidance, or suggestions include informaVerDate Sep 11 2014 19:26 Sep 18, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9589.IH H9589

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1 tion regarding the target audience for the commu2 nication or the information, such as the demo3 graphics, location, or political party affiliation of re4 cipients. 

5 ‘‘(iii) Whether the instructions, directions, guid6 ance, or suggestions include suggested methods of 

7 making a communication or disseminating informa8 tion, such as references to the distribution or receipt 

9 of direct mail, audio, video, social media, digital, or 

10 other media. 

11 ‘‘(iv) In the case of an expenditure consisting of 

12 Federal election activity or a communication which 

13 disseminates to any person information about a can14 didate or political party, whether the instructions, 

15 directions, guidance, or suggestions include or are 

16 accompanied by any phrase, image, video, or audio 

17 is subsequently used, in whole or in part, in commu18 nicating or disseminating the information. 

19 ‘‘(v) Whether the instructions, directions, guid20 ance, or suggestions containing one or more other 

21 factors identified in this subparagraph are set apart 

22 using a signal or cue. 

23 ‘‘(vi) Such other factors as the Commission con24 siders appropriate.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to expenditures 

3 made on or after the date of the enactment of this Act. 

Æ 


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