Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.11 - COMMISSIONER OF POLITICAL PRACTICES › Subchapter 44.11.6 - Campaign Practices › Rule 44.11.602 - COORDINATION

Current through Register Vol. 13, July 5, 2024
(1) A "coordinated
				expenditure" means any election communication, electioneering communication, or
				reportable election activity that is made by a person in cooperation with, in
				consultation with, under the control of, or at the direction of, in concert
				with, at the request or suggestion of, or with the express prior consent of a
				candidate or an agent of the candidate .
The coordination of an expenditure need not require
				  agreement, cooperation, consultation, request, or consent on every term
				  necessary for the particular coordinated expenditure, but only requires proof
				  of one element, such as content, price, or timing, to be met as a fact of a
				  coordinated expenditure.
(2)
				When determining whether a communication or reportable election activity is
				coordinated the following may be considered, whether:
(a) it is based on information that is
				provided by the candidate or agent of the candidate directly or indirectly to
				the person funding or facilitating the communication or activity, or any person
				involved in creating, producing, or disseminating it.
(b) it was made by or through any candidate's
				agent in the course of the agent's involvement in the current
				campaign.
(c) the person funding or
				facilitating the communication or reportable election activity retains the paid
				services of a person or individual who:
(i)
				currently, or during the six months immediately preceding the election in which
				the candidate's name will appear on the ballot, received compensation from the
				candidate or the candidate's agent; and
(ii) the person or individual is involved in
				creating, producing, or disseminating the communication or reportable election
				activity.
(d) the
				communication or reportable election activity replicates, reproduces,
				republishes or disseminates, in whole or in substantial part, any material
				designed, produced and paid for, or distributed by the candidate, except as set
				forth in (3)(e).
(e) the candidate
				or the candidate's agent has made or participated in any discussion or in
				making any decision regarding the content, timing, location, media, intended
				audience, volume of distribution, or frequency of placement of the
				communication or activity.
(f) the
				person funding or facilitating the communication or reportable election
				activity has:
(i) established a written
				firewall policy designed to prevent the flow of information about the
				candidate's campaign plans, projects, activities, or needs from the persons
				providing services to the candidate to persons involved in the creation,
				production, or dissemination of the communication or reportable election
				activity; and
(ii) prior to the
				preparation or distribution of any communication or reportable election
				activity has distributed the firewall policy to all relevant employees,
				consultants, and clients affected by the policy; and
(iii) filed the firewall policy with the
				COPP.