HR 5238
Stop Super PAC-Candidate Coordination Act
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Bill overview
This bill, the Stop Super PAC-Candidate Coordination Act, aims to prevent overly close relationships between candidates and Super PACs. It clarifies that payments made in cooperation with a candidate for coordinated expenditures – defined as payments for specific communications – are treated as campaign contributions for disclosure and reporting purposes. The bill also prohibits candidates from soliciting or receiving funds from certain political committees that don't adhere to campaign finance regulations and includes a provision to restrict federal candidates from fundraising for Super PACs.
Key provisions
- Payments for coordinated expenditures are treated as campaign contributions.
- A ‘coordinated expenditure’ is defined as a payment made in cooperation with a candidate or their campaign.
- The bill prohibits candidates from soliciting or receiving funds from political committees that don’t comply with campaign finance laws.
- Specific communications, such as advocacy or support for a candidate, are defined as ‘covered communications’ subject to coordination rules.
- A payment for a communication is not considered a coordinated expenditure if it appears in a news story or editorial.
- The bill establishes a ‘coordinated spender’ definition to determine if a person’s payments are linked to a candidate.
- Regulations regarding coordinated communications currently in effect are to be repealed.
- Federal candidates are prohibited from fundraising for Super PACs that accept non-compliant donations.
Who is affected
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Henry C. "Hank" Johnson
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119th CONGRESS — 1st Session
H. R. 5238
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Federal Election Campaign Act to clarify the treatment of coordinated expenditures as contributions made to candidates under such Act, and for other purposes.
This Act may be cited as the Stop Super PAC-Candidate Coordination Act
.
by striking or
at the end of clause (i);
by striking the period at the end of clause (ii) and inserting ; or
; and
by adding at the end the following new clause:
any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 325) which is not otherwise treated as a contribution under clause (i) or clause (ii).
Title III of such Act (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section:
For purposes of section 301(8)(A)(iii), the term coordinated expenditure means—
any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or
A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if—
the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or
the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
in cooperation, consultation, or concert with, or at the request or suggestion of,a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication.
For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities.
Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d).
For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies:
The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).
The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period).
The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services.
The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986.
expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy);
promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or
refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period.
In paragraph (1)(C), the applicable election period
with respect to a communication means—
in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or
in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus.
For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking.
in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure.
the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading Coordination
) are repealed; and
the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act.
The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period.
by striking or
at the end of subparagraph (A);
by striking the period at the end of subparagraph (B) and inserting ; or
; and
by adding at the end the following new subparagraph:
The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2026.