What is the Date an Independent Expenditure is Made? A payment made in connection with the development, production, or dissemination of a communication that is an independent expenditure must be reported no later than the date the communication is mailed, broadcast, or otherwise disseminated to the public. If the communication is never disseminated to the public, it need not be reported. Candidate Controlled Election Committees Communications paid for by a candidate’s controlled committee to support their own election, or to oppose their opponent, are direct campaign expenditures, not contributions or independent expenditures. If a candidate pays for a communication supporting their own candidacy that also supports or opposes a ballot measure, the payment is not considered a contribution or independent expenditure made in connection with the ballot measure. If a candidate pays for a communication that supports another candidate, and the payment is not made at the behest of the endorsed candidate, the payment is not considered to be an independent expenditure if: (1) the candidate paying for the communication also is included in the communication; (2) the non-paying candidate is listed on the same ballot as the paying candidate: and (3) the communication is targeted only to the potential voters in the paying candidate’s district. Primarily Formed Committees A committee that is primarily formed to support or oppose a candidate is not associated with the candidate. Therefore, payments made for communications that expressly advocate support or opposition of the candidate are considered to be independent expenditures because they are not made at the behest of the candidate.
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 11.12
Campaign Manual 2 August 2023 Page 381
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