04-005 Code Vt. R. 04-010-005-X - ADMINISTRATIVE RULE 2000-1: VERMONT CAMPAIGN FINANCE LAW; REGULATION OF RELATED EXPENSES

1. Pursuant to the rulemaking authority given to the Secretary of State in 17 V.S.A. section 2809(f), the following rules are necessary for the proper administration of provisions of section 2809.

2. For purposes of section 2809(c), which states "for the purposes of this section, a related campaign expenditure made on the candidate's behalf means any expenditure intended to promote the election of a specific candidate or group of candidates, or the defeat of an opposing candidate or group of candidates, if intentionally facilitated by, solicited by or approved by the candidate or the candidate's political committee:"

a.) A campaign expenditure may be a "related campaign expenditure" even if the candidate or the candidate's political committee did not have a specific intent to make an activity or expense a "related campaign expenditure on a candidate's behalf." However, some knowledge of the fact, or willful blindness toward the fact that the action will be used in connection with an activity or expenditure on the candidate's behalf is necessary.

b.) "Intentionally facilitated" means for a candidate or the candidate's political committee to consciously, and not accidentally, have done an action to make the activity or expenditure possible.

c.) "Solicited" means for the candidate or the candidate's political committee to appeal or ask directly or by an intermediary or by any other means, procure the activity.

d.) "Approved" means for the candidate or the candidate's political committee to have consciously, and not accidentally, taken any prior action or inaction that indicates permission or approval. Simply knowing that an activity or expenditure is taking place does not, alone, constitute approval.

3. For purposes of section 2809(d) which states, in pertinent part, that "an expenditure made by a political party or by a political committee that recruits or endorses candidates, that primarily benefits six or fewer candidates who are associated with the political party or political committee making the expenditure, is presumed to be a related expenditure made on behalf of those candidates. An expenditure made by a political party or by a political committee that recruits or endorses candidates, that substantially benefits more than six candidates and facilitates party or political committee functions, voter turnout, platform promotion or organizational capacity shall not be presumed to be a related expenditure made on a candidate's behalf':

a.) An expenditure "primarily benefits" six or less candidates when the principal purpose of the expenditure is to promote six or fewer specific candidates.

b.) The fact that an activity may incidentally benefit all candidates of the same party, for example, by increasing voter participation of a particular of a particular party, or by some other means, will not prevent an activity from being presumed to be a related campaign expenditure.

c.) While an expenditure or activity does not have to equally benefit all candidates, it will "primarily benefit" more than six candidates if a reasonable person receiving the mailing or seeing the advertisement will believe that its purpose is to promote more than six candidates.

d.) When an expenditure is presumed to be a related expenditure, the presumption can be overcome by evidence that the elements of the definition in section 2809(c) were not met or that the elements in 2809(d)(1-3) apply. When an expenditure is not presumed to be a related expenditure because it substantially benefits more than six candidates, the expenditure may still be treated as a related expenditure made on behalf of each candidate if the elements of the definition in section 2809(c) were met and the elements of (d)(1-3) do not apply.

4. For purposes of section 2809(d) which states, in pertinent part, that "an expenditure shall not be considered a related campaign expenditure made on the candidate's behalf" if all of the following apply:

a.) The expenditures were made in connection with a campaign event whose purpose was to provide a group of voters with the opportunity to meet the candidate personally;

b.) The expenditures were made only for refreshments and related supplies that were consumed at that event, and

c.) The amount of the expenditures for the event was less than $ 100.00.

An expenditure that meets the requirements above will not be a related expenditure on a candidate's behalf even if the expenditure was intentionally facilitated by, solicited by, or approved by the candidate.

5. For the purpose of section 2809(c) & (e), "opposing candidate" means any person who seeks the same office that the candidate seeks.

Notes

04-005 Code Vt. R. 04-010-005-X

EFFECTIVE DATE:
May 30, 2000 Secretary of State Rule Log #00-030

Statutory Authority: 17 V.S.A. § 2809