Stop Illegal Campaign Coordination Act
The Stop Illegal Campaign Coordination Act would broaden how the Federal Election Campaign Act (FECA) treats certain political expenditures. It adds a new category of expenditures described as “coordinated” if they are materially consistent with instructions, directions, guidance, or suggestions from a candidate, an authorized candidate committee, or a national/state/local party committee (or their agents). This means that, beyond explicit coordination, more expenditures could be treated as coordinated based on how closely they align with candidate or party guidance. The bill directs the Federal Election Commission (FEC) to evaluate whether an expenditure is “materially consistent” using specified factors, and it creates a presumption of coordination if those factors apply. The changes would apply to expenditures made after the bill becomes law. In practical terms, the bill could cause more spending to be treated as coordinated, potentially limiting activities that would otherwise be considered independent expenditures. It also increases the guidance the FEC uses to assess coordination and could raise compliance obligations for groups, campaigns, and vendors that work with candidates or parties.
Key Points
- 1New coordinated-expenditure category: The bill adds a new paragraph (10) to FECA’s coordination provisions, stating that expenditures are coordinated if their making is materially consistent with instructions, directions, guidance, or suggestions from a candidate or their committee, or from a party committee (or their agents), even if those instructions aren’t publicly shared.
- 2Materiality standard with factors: To determine material consistency, the bill requires the Commission to consider a set of factors (i–vi) such as target audience, demographics, location, distribution methods, phrases/images used, signals, and other factors the Commission deems appropriate. If one or more factors apply, the expenditure is presumed to be materially consistent with candidate/committee guidance.
- 3Factors explained:
- 4- (i) Whether guidance suggests informing or spreading information about a clearly identified candidate or party to voters.
- 5- (ii) For federal election activity, whether guidance identifies target audiences (demographics, location, political party).
- 6- (iii) Whether guidance suggests specific methods of communication (direct mail, digital media, etc.).
- 7- (iv) Whether guidance includes phrases/images/videos that will be used in disseminating information.
- 8- (v) Whether guidance uses signals or cues to distinguish the information.
- 9- (vi) Any other factors the Commission deems appropriate.
- 10Effective date: The new provisions apply to expenditures made on or after the enactment date, meaning existing expenditures could be treated differently only for future spending.
- 11Structure retained: The bill preserves the existing coordination framework but expands it by including expenditures described in the new paragraph (10) under the “coordinated expenditures” umbrella, with cross-references to ensure these expenditures are treated as coordinated.