Independent Expenditures
An independent expenditure is a payment for a communication that:
• Expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, and • The communication is not coordinated with or “made at the behest” of the affected candidate or committee. Clearly Identified Candidate A communication clearly identifies a candidate when it uses the candidate’s name, photograph, or status as a candidate or officeholder. If a communication includes a group of candidates and refers to some well-defined characteristic of the group, the candidates are clearly identified even if it does not use specific names. QUICK TIP: When a communication that expressly advocates support of a candidate is not “made at the behest” of the affected candidate, the payment is considered an independent expenditure and the candidate does not report the payment. The person making the payment may have reporting obligations. Express Advocacy A communication expressly advocates support of or opposition to a clearly identified candidate under the following scenarios: • Magic Words. The communication uses words such as “vote for,” “elect,” “support,” “cast your ballot,” “vote against,” “defeat,” or “reject.”
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 7.6
Campaign Manual 2 August 2023 Page 255
Made with FlippingBook interactive PDF creator